For Immediate Release
17 September 2021
JOHANNESBURG — The Legal Resources Centre was in the Johannesburg High Court yesterday, on behalf of Ms. Gabisile Msibi, in an application to restore ownership of her property which she lost due to the fraudulent Brusson Scheme. Our client, like many other vulnerable people affected by the scheme, lost her property in 2009.
The Brusson Finance Scheme was declared illegal by the Free State High Court in 2010 in the case of Ditshego and others v Brusson Finance (Pty) Ltd and Others. In the 2015 judgment of ABSA v Moore, as confirmed by the Constitutional Court in Absa v Moore and Another in 2016, the courts found that the above scheme was unlawful, of no force or effect and subsequently set aside. The Brusson victims in that case, the Moores, were declared owners of their property and the mortgage bond over their property was set aside.
Using the Moore judgement, the LRC approached the Johannesburg High Court to seek an order to have the Johannesburg Deeds office – named as the fourth respondent in this matter – to restore ownership of the property to our client and cancel effectively all the transfers that had occurred because of this scheme, in terms of section 6(1) of the Deeds Registries Act No 47 of 1937.
The Johannesburg High Court agreed with the application and accordingly, an order was granted, as prayed for by our client.
We welcome this decision by the High Court.
Issued by the Legal Resources Centre
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