Restraint granted against estate agency Dusty Moon

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. Because 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, David Kleynhans, from rendering any services as estate agents;
  
• interdicting and restraining Dusty Moon and David Kleynhans from operating its trust account in any way;
  
• appointing 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.

On 5 July 2011 the EAAB was granted urgent interim relief by the North Gauteng High Court against Dusty Moon Investments 103 (Pty) Limited (formerly trading as Seeff Klerksdorp) and its principal Kleynhans.

The curator bonis will immediately take 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 because of the activities of Kleynhans.

A further press release will be issued by the EAAB on receipt of the report from the curator bonis.