Furnishing Employees with the Petition for Sequestration Constitutional and Related Issues: Stratford & Others V Investec Bank Ltd & Others 2015 (3) SA 1 (CC)

Abstract

The consistent application of s 9(4A) of the Insolvency Act 24 of 1936 (Insolvency Act) has, to date, been sometimes impeded by various interpretational challenges in the South African courts. For instance, the courts have grappled to determine whether the furnishing of the petition in terms of s 9(4A) of the Insolvency Act is peremptory or directory in nature.