Matebesi and Another v Naicker and Others (2024-041410)
Matebesi and Another v Naicker and Others (2024-041410) [2024] ZAGPJHC 424 (3 April 2024)
The court found that the first respondent failed to perform her statutory duties as business rescue practitioner, including failing to deliver required reports, prepare a business rescue plan, and communicate with affected parties. Her licence to act as business rescue practitioner was suspended and revoked by the CIPC, which statutorily disqualified her from continuing in office. The first respondent did not provide any substantive response to the allegations or justification for remaining in office. The court held that removal is mandatory under section 139(2) and section 138(1) of the Comp…
Source excerpt
- Business Rescue Practitioner Removal
- Companies Act Section 139
- Failure To Perform Duties
- Revocation Of Licence
- Punitive Costs
- Appointment Of New Practitioner