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

  Judgment: Mashwayi Projects (Pty) Ltd & Others v Wescoal (Pty) Ltd & Others (1157/2023) [2025] ZASCA 5 (29 January 2025)