Van der Merwe du Toit inc. BEE Verification Certificate

Van der Merwe du Toit inc. BEE Verification Certificate.
Van der Merwe du Toit inc. BEE Verification Certificate.
December 23, 2011
To vote or not to vote: Post-Commencement business rescue creditors

To vote or not to vote: Post-Commencement business rescue creditors

In the recent case of Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) addressed and provided clarity on the burning question of whether post-commencement creditors in business rescue proceedings are entitled to vote on business rescue plans of financially distressed companies. In this article, we review this landmark judgment.

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