A liquidation application is not appropriate for disputed debts

By Aslam Moosajee (ZA) on December 11, 2016 Posted in General

In November 2016, the Supreme Court of Appeal reiterated that if a respondent in a liquidation application disputes the indebtedness on bona fide and reasonable grounds, the liquidation application should be refused. Liquidation proceedings are not designed for the enforcement of disputed debts. In the case of Freshvest Investments (Pty) Ltd v Marabeng (Pty) Ltd, … Continue reading

When a debt becomes due: prescription of loans

By Rachel Mazower and Andrew Strachan on November 9, 2016 Posted in General

A loan becomes due (claimable) from the moment that it is lent to the borrower, unless the parties specifically agree otherwise. In a September 2016 judgment the Supreme Court of Appeal held that a loan that was ‘due and payable to the lender within 30 days from the date of delivery of the lender’s written … Continue reading

Constitutional Court considers the meaning of debt in relation to prescription

By Craig Woolley on June 8, 2016 Posted in General

The Constitutional Court recently considered the meaning of the word ‘debt’ in relation to the Prescription Act and found that the word must be given a meaning that is least intrusive on the constitutional right to access to courts. In Makate v Vodacom (Pty) Ltd the applicant instituted action against Vodacom to compel them to … Continue reading