Judgments

Interesting Judgment: Shiva Uranium & Other v Tayob & Others

09 November 2021

The question before the Constitutional Court revolved around the following facts:

  • The first applicant was placed into voluntary business rescue initiated in terms of Section 129
  • The High Court appointed a business rescue practitioner in terms of Section 130 (6) (a)
  • The Court appointed business rescue practitioner resigned
  • Who then has the power to appoint the replacement of the Court-appointed business rescue practitioner?

The Supreme Court of Appeal held that the power resided with the company’s board.

The Constitutional Court upheld this decision and the appeal was dismissed.

Kindly sent to us by Gareth Cremen of Cox Yeats.

  Judgment: Shiva Uranium & Other v Tayob & Others - Cons Court 305 of 2020

 

 

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