Judgment: Carel Aron Van Der Merwe v Magistrate Blaauw & Others

23 May 2025

Dear Member

The attached judgment was delivered today by the Western Cape Division of the High Court. The applicant is Carel Aron van der Merwe, an unrehabilitated insolvent. The Respondents include two magistrates (first and second respondents), three trustees of the insolvent estate (third to fifth), the Land and Agricultural Development Bank (sixth), and the Master of the High Court (seventh).

The applicant sought to set aside the first and second meetings of creditors, all postponed meetings, associated decisions and subpoenas, and a Magistrate’s Order dated 24 May 2024.

The applicant and his entities were sequestrated/ wound up in 2022 by order of the Northern Cape High Court after an application by the Land Bank.

The Court found that Section 157 of the Insolvency Act may only be invoked if formal defects cause substantial injustice. The applicant’s legal strategy was seen as obstructive and dilatory. Trustees’ actions and the magistrate’s decisions were deemed procedurally and legally sound.

The application was dismissed and the applicant was ordered to the costs on a party and party scale, including the cost of two counsel.

Take care,

René Bekker
Chief Operating Officer

  Carel Aron Van Der Merwe v Magistrate Blaauw & Others. Case No: 22132/2024