n Annual Survey of South African Law - Insolvency law (including winding-up of insolvent companies)




In order to prove an act of insolvency in 2006 (1) SA 59 (N) (also discussed in the chapter on the Law of Evidence), the applicant in sequestration proceedings adduced a letter from the respondent's attorney. The letter, which included a statement that it could 'not be used to prove any act of compromise' in terms of the Insolvency Act 24 of 1936 ('the Insolvency Act'), was marked 'without prejudice'.


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