Judgment: Reiscor Two v Anheuser-Busch Inbev Africa & Others

12 April 2024

Dear Members

Attached an important reportable decision of Opperman J, handed down on 11 April 2024.

In her judgment, Opperman J examines and rules definitively on various contentious issues in our law, including:

• the setting aside of creditor votes on the basis that they were inappropriate (sections 153(1)(a)(ii) and 153(7) of the Companies Act 71 of 2008);
• creditors’ rights to confidential information during business rescue;
• the applicability of section 34 of the Insolvency Act 24 of 1936 during business rescue.

Kindly sent to us by Ryszard Lisinski and Brett Weinberg of Fluxmans Attorneys and John Evans and Iain Stockill of RS Advisors.

Take care,
René Bekker
Chief Operating Officer

  Judgment: Reiscor Two v Anheuser-Busch Inbev Africa & Others. Case no 2022/2731 and 22/5558