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South Africa decisions
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Maree and Another v Kayinja and Others (2019/28191) [2025] ZAGPJHC 751 (31 July 2025)
The High Court dismissed a rescission application and declared that a voluntary surrender order had sequestrated the Kayiwas’ joint estate.
Slabbert (099263/2024), Ex parte [2025] ZAGPPHC 286; [2025] 3 All SA 264 (GP) (20 March 2025)
Court refused three voluntary surrender applications for failing full disclosure and reliable valuation requirements under the Insolvency Act.
Van Niekerk and Du Plessis and Another (5983/2024; 28/2025) [2025] ZAFSHC 66 (27 February 2025)
High Court dismissed two voluntary surrender applications, finding the papers mirrored each other, fee calculations were unrealistic, and creditors were not shown to benefit.
Cronje and Another v Forgeweld Engineering (Pty) Ltd and Others (96943/2016) [2024] ZAGPPHC 816 (22 August 2024)
The court found that the applicants failed to meet the requirements for rescission under both Rule 42(1)(a) and the common law. Their absence was elected, not precluded, and they were given proper notice of the proceedings. The explanation provided for their default and the delay in bringing the rescission application was neither reasonable nor satisfactory. The alleged fraud was not substantiated to the high threshold required, as the facts relied upon were merely belated defences and not deliberate misrepresentations. The voluntary surrender proceedings did not suspend legal action, and the…
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Kullmann (8657-2023), Ex parte [2024] ZAGPJHC 426 (2 May 2024)
The applicant failed to comply strictly with section 4 of the Insolvency Act, but subsequently remedied the non-compliance by publishing the required notices and dispatching them to creditors and SARS. The court condoned the late compliance in the interests of justice. However, the applicant's founding affidavit was lacking in detail and failed to provide full and frank disclosure regarding his financial affairs, assets, and liabilities. The asset valuations provided were inadequate and not properly substantiated. The applicant did not demonstrate on a balance of probabilities that his estate…
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Maritz; Ex Parte Le Roux (M472/2023; M583/2023), Ex parte [2024] ZANWHC 127 (2 May 2024)
The court found that both applicants failed to make a full and frank disclosure of material facts regarding their financial positions and the nature of their debts. The applications did not provide sufficient detail to demonstrate that the surrender of their estates would be to the advantage of creditors, as required by the Insolvency Act. The court emphasized that voluntary surrender is a remedy of last resort and is intended to benefit creditors, not merely to relieve debtors of their obligations. The lack of creditor participation and absence of detailed evidence undermined the applicants'…
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Nedbank Limited v Abrahams (2023-003529; 2023-031890 ; 2023-053164; 2023-051021; ; 2023-039182; 2023-039212;) [2024] ZAGPJHC 31; 2025 (2) SA 545 (GJ) (12 January 2024)
Section 127(8)(a) of the National Credit Act, by necessary implication, confers exclusive jurisdiction on magistrates' courts for claims to recover shortfalls after voluntary surrender of goods under credit agreements. The phrase 'in terms of the Magistrates' Courts Act' is not superfluous; it serves to exclude the High Court's jurisdiction for these matters. The High Court's jurisdiction is not preserved by general statutory language elsewhere in the Act, and the specific wording in section 127(8)(a) demonstrates a deliberate legislative choice to mandate proceedings in the magistrates' cour…
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J.K.B v H.B (A97/2021) [2022] ZAGPPHC 319 (13 May 2022)
Appeal dismissed after the appellant failed to furnish security for costs and later surrendered his insolvent estate, with no indication the trustee would pursue the appeal.
Boast v Nedbank Limited and Another (46844/20) [2022] ZAGPPHC 106 (18 February 2022)
High Court dismissed an application for voluntary surrender of estate, finding the applicant failed to prove advantage to creditors and relied on inadequate valuations.
Ex Parte: Steers; Ex Parte: Coetzer; Ex Parte: Coetzer; Ex Parte: Lyners, Lessing v Oosthuizen (12167/21;17067/21;14603/21; 9557/21;15530/21) [2021] ZAWCHC 246 (26 November 2021)
The court refused four voluntary surrender applications and one friendly sequestration application for lack of full disclosure, reliable valuations, and proof of creditor advantage.
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