n Annual Survey of South African Law - Insolvency law

Volume 2007, Issue 1
  • ISSN : 0376-4605



[2007] 4 All SA 1034 (T) concerned the appointment of provisional liquidators to companies in winding-up. In brief, the context of such appointments is that the relevant statutory amendments introduced in 2004 are not yet effective. The practice in the Master's Office in the Transvaal Provincial Division operates in terms of a requisition system and certain policy documents, neither of which has legal force. Under case law, the Master's exercise of his discretion concerning the appointment of liquidators is unfettered and may be challenged in review proceedings on limited grounds. The Master's reasons for his decision may now be sought under a relatively new statute.

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