Judgment: K Van Der Westhuizen NO & Another v the Master Mahikeng & Others

27 March 2026

Dear Member

This judgment, handed down today by Masike AJ in the High Court, Mahikeng, confirms the following:

1. In the winding-up of a close corporation by way of a special resolution of members, the members are not liable to pay any contribution unless they have contractually agreed to such liability and,

2. In terms of Section 153 of the Insolvency Act read with the Third Schedule as amended by the Government Gazette No 41224 dated 3 November 2017, no Master's Fee is payable in an insolvent estate where the total amount of the assets is less that R5 000.00

3. The Master, Mahikeng is ordered to pay the costs of this application on a party-and-party scale, Scale C.

Kindly sent to us by Lecinda Bezuidenhout of Tintingers Inc.

Take care

René Bekker
Chief Operating Officer

  K Van Der Westhuizen NO & Another v the Master Mahikeng & Others. Case No: M620/2022