- One of the issues in Reiscor Two (Pty) Ltd t/a Bootleggers v Anheuser-Busch Inbev Africa (Pty) Ltd and Others (2022/2731) [2024] ZAGPJHC 363; [2024] 2 All SA 902 (GJ); 2025 (1) SA 315 (GJ) (11 April 2024) (Bootleggers) was whether section 34 of the Insolvency Act 24 of 1936 applies to the disposal of a business by a company which is a trader in terms of an approved business rescue plan.
- Ultimately, the court in Bootleggers concluded that the simultaneous application of section 34 to a company in business rescue would lead to anomalies and absurdities that could not have been intended.
- The finding that section 34 does not pose an obstacle to the acceptance of a business rescue plan and does not apply to a company in business…
Insolvency Guardian
Insolvency Services & Bankruptcy Advice
