For Immediate Release
23 June 2021
LRC secures order from Polokwane High Court restoring home ownership to victims of unlawful Brusson Finance Scheme
POLOKWANE — The Legal Resources Centre represented Elizabeth and Talan Noble Ramabu in the Polokwane High Court last week Thursday in an application in terms of Section 6 of the Deeds Registries Act 47 of 1937, to restore ownership of their property which was lost in 2014 as a result of the fraudulent Brusson Scheme.
The Brusson Finance Scheme was declared illegal by the High Court, Free State in 2010 in the case of Ditshego and others v Brusson Finance (Pty) Ltd and Others.
Our clients lost their property which had been their home since 1994.
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 indeed 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 in the name of the investor was set aside. The law is therefore clear and we have been using the Moore judgment to achieve the same outcome for the rest of our clients.
We therefore approached the High Court to seek an order to have the Deeds office Polokwane, named as the third respondents in this matter, to restore title over our client’s property and cancel effectively all the transfers that had occurred as a result of this scheme in terms of section 6(1) of the Deeds Registries Act No 47 of 1937.
The court agreed with us and accordingly and order was granted as prayed for by our clients, we welcome the decision by the High Court.
Issued by the Legal Resources Centre
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