Judgment: Mashwayi Projects & Others v Wescoal Mining & Others
29 January 2025
Dear Member
Attached the ruling of the SCA in the Wescoal matter.
The appeals were upheld with costs.
Of note is Paragraph 36 of the judgment: "Absent the Act drawing any distinction between pre-commencement creditors and post-commencement creditors, they are, as stakeholders, deserving of equal protection under s 7(k) of the Act. As such they are equally entitled to vote on the adoption of a business rescue plan.”
Kindly sent to us by George Nell of Corporate Business Rescue Services and Gareth Cremen of Cox Yeats..
Take care,
René Bekker
Chief Operating Officer