For Immediate Release
27 May 2021
LRC secures order restoring home ownership to victim of the Brusson Finance Scheme
PRETORIA — The Legal Resources Centre yesterday secured an order from the High Court in Pretoria, awarding our client ownership of her home that was lost in 2008 due to the fraudulent Brusson Scheme.
Our client, Ms. Ellen Jane Motsepe, had owned and lived in her home since 1990 when she fell victim to the Brusson Finance Scheme and as a result, she lost her home. 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 judgment of ABSA v Moore, as confirmed by the Constitutional Court in Absa v Moore and Another, 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 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 approached the High Court to seek an order to have the Deeds office in Pretoria – named as the third respondents in this matter – to restore title over our client’s property and effectively cancel 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 an order was granted accordingly. We welcome this decision by the High Court.
Issued by the Legal Resources Centre
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