RRLLB81
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
TABLE OF CONTENTS (ALL TOPICS)
DIRECTORS‟ DUTIES AND CREDITOR PROTECTION IN THE ZONE OF
FINANCIAL DISTRESS.............................................................................................. 3
COLLECTIVE AGREEMENTS, MAJORITARIANISM AND THE CONSTITUTIONAL
RIGHT TO STRIKE IN SOUTH AFRICAN LABOUR LAW ....................................... 20
OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION
APPLICATIONS ....................................................................................................... 37
THE EXTENT OF THE INFLUENCE OF SHILUBANA CASE IN INTESTATE
SUCCESSION ......................................................................................................... 54
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A
,TABLE OF CONTENTS (ALL TOPICS)
DIRECTORS‟ DUTIES AND CREDITOR PROTECTION IN THE ZONE OF
FINANCIAL DISTRESS.............................................................................................. 3
COLLECTIVE AGREEMENTS, MAJORITARIANISM AND THE CONSTITUTIONAL
RIGHT TO STRIKE IN SOUTH AFRICAN LABOUR LAW ....................................... 20
OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION
APPLICATIONS ....................................................................................................... 37
THE EXTENT OF THE INFLUENCE OF SHILUBANA CASE IN INTESTATE
SUCCESSION ......................................................................................................... 54
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A
FAIR TRIAL, THE NEED TO PROTECT COMPLAINANTS, AND THE SEARCH
FOR TRUTH IN CRIMINAL PROCEEDINGS ......................................................... 72
THE PROCESSING OF PERSONAL INFORMATION BY RELIGIOUS
ORGANISATIONS UNDER THE PROTECTION OF PERSONAL INFORMATION
ACT .......................................................................................................................... 91
DID THE CONSTITUTIONAL CULTURE OF JUSTIFICATION ERADICATE THE
CULTURE OF AUTHORITY? ................................................................................. 110
THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN WITH
DISABILITIES ........................................................................................................ 128
NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM ............................ 146
THE SCOPE AND LIMITS OF JUDICIAL REVIEW UNDER CONSTITUTIONAL
SUPREMACY ...................................................................................................... 172
,DIRECTORS’ DUTIES AND CREDITOR PROTECTION IN THE ZONE
OF FINANCIAL DISTRESS
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
DUE DATE: ____________________
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa‟s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else‟s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the work or
works of other people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student‟s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work must be
submitted successfully through Turnitin for it to qualify to be marked. I accept that a
mark of 0% may be awarded if there is no Turnitin report for my submission.
6. I confirm that I am aware that Assessment 2 and Assessment 3 must be submitted
in a searchable PDF file format and that it must not be scanned as this will disable
Turnitin. I accept that a mark of 0% may be awarded for failure to submit either of
these assessments in the correct file format if it results in Turnitin not being able to
generate a similarity report.
FULL NAMES: ........................................................................................................
STUDENT NUMBER: .................................................................................................
MODULE CODE: RRLLB81
DATE: .....................................................................................................................
TOPIC SELECTED: Directors‟ Duties, Creditor Protection and the Best Interests of
the Company
MARK RECEIVED FOR ASSESSMENT 1: .......%
MARK RECEIVED FOR ASSESSMENT 2: .......%
, ABSTRACT
This research examines how South African company law balances directors‟
fiduciary duties, shareholder interests and creditor protection when a company
moves towards insolvency. The central issue is whether directors must consider
creditor interests before formal insolvency, even though their statutory duty remains
to act in the best interests of the company. The report uses doctrinal legal research
and analyses the Companies Act 71 of 2008, leading South African cases and
academic writing. It finds that South African law does not generally recognise a direct
fiduciary duty owed by directors to individual creditors. Creditor interests
nevertheless become increasingly important when financial distress threatens the
company‟s ability to meet its obligations. Rules on distributions, reckless trading,
directors‟ liability and business rescue limit decisions that favour shareholders at
creditors‟ expense. The report concludes that creditor protection forms part of
responsible decision making in the company‟s interests when insolvency becomes a
real possibility.
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
TABLE OF CONTENTS (ALL TOPICS)
DIRECTORS‟ DUTIES AND CREDITOR PROTECTION IN THE ZONE OF
FINANCIAL DISTRESS.............................................................................................. 3
COLLECTIVE AGREEMENTS, MAJORITARIANISM AND THE CONSTITUTIONAL
RIGHT TO STRIKE IN SOUTH AFRICAN LABOUR LAW ....................................... 20
OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION
APPLICATIONS ....................................................................................................... 37
THE EXTENT OF THE INFLUENCE OF SHILUBANA CASE IN INTESTATE
SUCCESSION ......................................................................................................... 54
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A
,TABLE OF CONTENTS (ALL TOPICS)
DIRECTORS‟ DUTIES AND CREDITOR PROTECTION IN THE ZONE OF
FINANCIAL DISTRESS.............................................................................................. 3
COLLECTIVE AGREEMENTS, MAJORITARIANISM AND THE CONSTITUTIONAL
RIGHT TO STRIKE IN SOUTH AFRICAN LABOUR LAW ....................................... 20
OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION
APPLICATIONS ....................................................................................................... 37
THE EXTENT OF THE INFLUENCE OF SHILUBANA CASE IN INTESTATE
SUCCESSION ......................................................................................................... 54
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A
FAIR TRIAL, THE NEED TO PROTECT COMPLAINANTS, AND THE SEARCH
FOR TRUTH IN CRIMINAL PROCEEDINGS ......................................................... 72
THE PROCESSING OF PERSONAL INFORMATION BY RELIGIOUS
ORGANISATIONS UNDER THE PROTECTION OF PERSONAL INFORMATION
ACT .......................................................................................................................... 91
DID THE CONSTITUTIONAL CULTURE OF JUSTIFICATION ERADICATE THE
CULTURE OF AUTHORITY? ................................................................................. 110
THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN WITH
DISABILITIES ........................................................................................................ 128
NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM ............................ 146
THE SCOPE AND LIMITS OF JUDICIAL REVIEW UNDER CONSTITUTIONAL
SUPREMACY ...................................................................................................... 172
,DIRECTORS’ DUTIES AND CREDITOR PROTECTION IN THE ZONE
OF FINANCIAL DISTRESS
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
DUE DATE: ____________________
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa‟s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else‟s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the work or
works of other people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student‟s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work must be
submitted successfully through Turnitin for it to qualify to be marked. I accept that a
mark of 0% may be awarded if there is no Turnitin report for my submission.
6. I confirm that I am aware that Assessment 2 and Assessment 3 must be submitted
in a searchable PDF file format and that it must not be scanned as this will disable
Turnitin. I accept that a mark of 0% may be awarded for failure to submit either of
these assessments in the correct file format if it results in Turnitin not being able to
generate a similarity report.
FULL NAMES: ........................................................................................................
STUDENT NUMBER: .................................................................................................
MODULE CODE: RRLLB81
DATE: .....................................................................................................................
TOPIC SELECTED: Directors‟ Duties, Creditor Protection and the Best Interests of
the Company
MARK RECEIVED FOR ASSESSMENT 1: .......%
MARK RECEIVED FOR ASSESSMENT 2: .......%
, ABSTRACT
This research examines how South African company law balances directors‟
fiduciary duties, shareholder interests and creditor protection when a company
moves towards insolvency. The central issue is whether directors must consider
creditor interests before formal insolvency, even though their statutory duty remains
to act in the best interests of the company. The report uses doctrinal legal research
and analyses the Companies Act 71 of 2008, leading South African cases and
academic writing. It finds that South African law does not generally recognise a direct
fiduciary duty owed by directors to individual creditors. Creditor interests
nevertheless become increasingly important when financial distress threatens the
company‟s ability to meet its obligations. Rules on distributions, reckless trading,
directors‟ liability and business rescue limit decisions that favour shareholders at
creditors‟ expense. The report concludes that creditor protection forms part of
responsible decision making in the company‟s interests when insolvency becomes a
real possibility.
