Editor Legislation, South Africa

Who is a ‘Creditor’? Post-Commencement Creditors’ Voting Rights Under Section 152 of the Companies Act

By Brandon Cole In the pivotal judgment of Wescoal Mining (Pty) Ltd v Mkhombo N.O and Others,[1] the  Johannesburg High Court has taken a significant stance on the rights of post-commencement creditors in business rescue proceedings, particularly concerning their ability to vote on a business rescue plan as outlined in Section 152 of the Companies … Continue reading Who is a ‘Creditor’? Post-Commencement Creditors’ Voting Rights Under Section 152 of the Companies Act