Cliffe Dekker Hofmeyr: Business Rescue, Restructuring & Insolvency Newsletter
The firm unpacks dispositions without value, and how Section 26 of the Insolvency Act 34 of 1926 acts as a protective barrier for creditors as it regulates dispositions made without value. In addition, it discusses the High Court’s recent findings in Centaur Mining South Africa (Pty) Ltd v Cloete Murray N.O. & Others, in relation to considerations as to when a court could exercise its powers to make an order that it considers appropriate as contemplated in section 20(9) of the Companies Act.