Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24)
Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24) [2024] ZAGPPHC 1236 (21 November 2024)
The court found that the business rescue practitioner, Mr Samons, was incompetent and failed to perform his statutory duties with the required degree of care. He did not publish business rescue plans or annual financial statements timeously, failed to verify creditor claims independently, and did not prioritize employee salaries as required by the Companies Act. The BRP also failed to comply with the PFMA and Treasury Regulations, did not keep the MEC informed, and entered into agreements without necessary approvals. The court held that these failures caused actual prejudice to the NTI compan…
Source excerpt
- Business Rescue Practitioner Removal
- Companies Act Section 139
- Public Finance Management Act
- Creditor Claim Verification
- Employee Salary Priority
- Costs Award