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Every post here is a real, newsworthy South African judgment — never a hypothetical. Each one is broken down twice: the legal principle for lawyers and law students, and the plain-language takeaway for anyone affected by it. Sourced from SAFLII and South African news reporting, with a source link on every post so you can verify it yourself.

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Commercial Law29 January 2025

SCA settles who gets a vote when a company is in business rescue

Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others — Supreme Court of Appeal

The dispute was whether post-commencement creditors — those who extend credit to a company after it enters business rescue — have voting rights on the business rescue plan under Chapter 6 of the Companies Act. The SCA overturned the Gauteng High Court and held there is no basis to limit plan voting rights to pre-commencement creditors only.

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