By Pinky Khoabane
It is alleged that Ian Brakspear’s farm in Franschoek was fraudulently liquidated to enable the sale to neighbour Rupert
We’ve all heard the stories of how banks repossess their clients’ assets on the basis that the client couldn’t meet the repayments but surprisingly resell the asset at a pittance – which does not even cover the amount supposedly owed.
Stories of collusion between the banks and courts, the sherifs, auctioneers and private individuals who buy and sell these assets and make huge profits, abound. The alleged corruption runs so deep that there are accusations of forged signatures of court registrars, forged high court orders, and judgements pre-written for judges.
Have you ever wondered why banks don’t seem to wait in the queues of the court system? While it takes the courts years to hear cases of social and human rights violations, the banks’ rights to supposedly claim-back their money from defaulting clients is seemingly prioritised by the courts.
Take the stories of houses that are auctioned off at a pittance of their value than the money owed to banks, for example. The new owner in turn sells the same asset months later at a shockingly high price, raking in high profits while the original owner’s life is completely ruined. The asset is repossessed and the original owner remains with the debt of the difference between the original loan and the auction price!
Take the stories of 65-year-old Solomon Nhlapo and 59-year-old Emily Mofokeng, whose houses were sold at R100. Nhlapo was living in his mother’s house and had proof that she had paid-up the loan but Nedbank still sold the house at an auction for R100. Mofokeng’s 5-bedroomed house was also sold for R100.
But what probably remains one of the most bizarre legal cases in South Africa is the story of the late Ian Brakspear, a businessman who had his family business liquidated in 2009 for a R7 million bank loan he says he never asked for or received. It is alleged that the allegedly unlawful liquidation was to enable the sale of his farm to his neighbour, billionaire Johann Rupert. Brakspear also claimed the liquidation order was forged. But not only that, the Hawks and a top-flight forensic investigator agreed with him. Read the story of what can either be a delusional man as Nedbank’s counsel claimed at the time or a case that opened-wide the rot in South Africa’s judicial system. http://uncensoredopinion.co.za/i-was-liquidated-over-a-fictitious-r7-million-loan-says-durban-businessman/
Also read the story on Chief Justice Mogoeng Mogoeng’s potential conflict of interest in the UDM ConCourt secret ballot case.