Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others (857/2017)
Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others (857/2017) [2018] ZASCA 95; 2018 (4) SA 439 (SCA) (1 June 2018)
The Supreme Court of Appeal held that the Master of the High Court failed to exercise independent judgment when issuing subpoenas at the request of the liquidator. The Master acted as a mere rubber stamp, without proper motivation or consideration of the statutory requirements under the Companies Act and Insolvency Act. The court emphasized that the power to issue subpoenas is a serious intrusion on individual rights and must be exercised circumspectly and only within the bounds of statutory authority. As the Master did not bring an independent mind to bear and the statutory prerequisites wer…
Source excerpt
- Liquidation Procedure
- Powers Of Master
- Subpoena Issue
- Creditor Interrogation