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Post-commencement creditors have voting rights on business rescue plans

By Widaad Ebrahim-Fakier on February 10, 2025

The pivotal judgment of the Supreme Court of Appeal in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others delves into the nuances of the Companies Act, 2008 and finds that post-commencement creditors have the right to vote on the adoption of a business rescue plan. The decision overturns a previous…

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