MRL3701 ASSIGNMENT 1
SEMESTER 1
2025
INSOLVENCY LAW
, PREVIEW SOLUTION:
Application for the Sequestration of Thabo’s Estate
In South African law, a creditor may apply for the sequestration of a debtor’s estate in
terms of section 10 of the Insolvency Act 24 of 1936. To succeed in such an
application, the creditor must prove that the debtor is insolvent, that the debtor has
committed an act of insolvency, and that sequestration will be to the advantage of
creditors. In this case, Maria, as one of Thabo’s creditors, seeks to obtain a
sequestration order against him after he failed to settle his debt. This essay will assess
whether Maria is likely to succeed in her application by examining the legal
requirements for sequestration and applying them to the facts provided.
SEMESTER 1
2025
INSOLVENCY LAW
, PREVIEW SOLUTION:
Application for the Sequestration of Thabo’s Estate
In South African law, a creditor may apply for the sequestration of a debtor’s estate in
terms of section 10 of the Insolvency Act 24 of 1936. To succeed in such an
application, the creditor must prove that the debtor is insolvent, that the debtor has
committed an act of insolvency, and that sequestration will be to the advantage of
creditors. In this case, Maria, as one of Thabo’s creditors, seeks to obtain a
sequestration order against him after he failed to settle his debt. This essay will assess
whether Maria is likely to succeed in her application by examining the legal
requirements for sequestration and applying them to the facts provided.
