06 July 2011 The North Gauteng High Court grants the EAAB urgent interim relief against Dusty Moon Inverstments
FOR IMMEDIATE RELEASE 6 JULY 2011
On 5 July 2011 the Estate Agency Affairs Board (“the EAAB”), represented by A B Scarrott Attorneys was granted urgent interim relief by the North Gauteng High Court against Dusty Moon Investments 103 (Pty) Limited (formerly trading as Seeff Klerksdorp) (“Dusty Moon”), and its principal Mr David Kleynhans.
Following the withdrawal by Seeff Property Services (Pty) Limited of Dusty Moon’s franchise and license to use the Seeff brand, the EAAB became aware of allegations that trust money held by Dusty Moon had been misused. Concerned at the allegations, the EAAB appointed inspectors from Pasco Risk Management to investigate the allegations.
The inspectors confirmed that a misappropriation of trust money had taken place and that trust money held by Dusty Moon had not been dealt with as required in terms of the Estate Agency Affairs Act, 112 of 1976. As a result of the serious irregularities found by the inspectors, the EAAB launched an application as a matter of urgency in the North Gauteng High Court applying for interim relief which included:
- the withdrawal of the Fidelity Fund Certificate issued to Dusty Moon;
- an interdict restraining Dusty Moon and its principal, Mr David Kleynhans, from rendering any services as Estate Agents;
- interdicting and restraining Dusty Moon and David Kleynhans from operating in any way their trust account;
- appointing Mr Lawrence Moepi as a curator bonis to administer and control the trust account of Dusty Moon;
- ordering Dusty Moon and David Kleynhans to pay the costs of the application on the punitive attorney and own client scale.
The relief granted to the EAAB by the North Gauteng High Court is set out fully in the Court Order. A copy of the Court Order as granted is available through the link below.
The curator bonis will immediately commence taking steps to assess the status of the trust account of Dusty Moon and to ensure that no person is disadvantaged. Certain monies formerly standing to the credit of the Dusty Moon trust account have already been paid into the Fidelity Fund as administered by the EAAB.
The EAAB has laid a criminal complaint with the South African Police Services arising out of the irregularities found with regard to the trust monies of Dusty Moon which irregularities arose as a result of the activities of Mr David Kleynhans.
A further press release will be issued by the EAAB on receipt of the report from the curator bonis.
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