It took the threat of a court order, but the Minister of Environmental Affairs (Minister) has finally given effect to ch 5 of the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) and published the alien and invasive species (AIS) lists and regulations. Rushed through on 1 August 2014, nearly eight years out of time, in order to beat the judgment in the matter of Kloof Conservancy v Government of the Republic of South Africa and Others (KZD) (unreported case no 12667/2012, 22-10-2014) (Vahed J), the lists proclaim 559 invasive species in terms of what is a bewildering matrix of areas, categories and exemptions.
May 2015 (1) South African Law Reports (pp 1 - 312);  2 All South African Law Reports April no 1 (pp 1 - 126); and no 2 (pp 127 - 250); 2015 (3) Butterworths Constitutional Law Reports - March (pp 243 - 376).
The enactment of the Companies Act 71 of 2008 (the Act) brought about s 7, envisaging the purpose and application of the Act, inter alia, subs k 'provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders, and introduces business rescue proceedings for financially distressed companies.'
Section 150(5) of the Companies Act 71 of 2008 (the Act) requires a business rescue practitioner to publish a business rescue plan within 25 days after the date of his or her appointment, or such longer time as may be allowed by the court or the holders of the majority of the creditors voting interests.