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Exam (elaborations)

MRL3701 Assignment 1 2025 - Due 25 March 2025

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Question 1 With the above in mind, discuss whether Maria is likely to be successful in an application for a court order for the sequestration of Thabo’s estate. Include in your discussion the requirements she must prove to succeed with such an application. Legal Framework for Sequestration In terms of the Insolvency Act 24 of 1936, Maria, as a creditor, may apply for the sequestration of Thabo’s estate on the basis that he is insolvent. To succeed in this application, Maria must prove the following requirements:

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MRL3701
ASSIGNMENT 1 2025
DUE: 25 MARCH 2025




SEMESTER 1 2025

,Assessment 1



OPENS FOR SUBMISSION: 18 March 2025

DUE DATE: 25 March 2025



This is an ordinary written or typed assignment. This assessment must be
uploaded to
MyModules. No emailed or late submissions will be accepted. Do not use a mark-
reading card.

Answering this question gives you practice in answering the type of
problem- or discuss-type questions that you may expect in the examination.

Your answer should not exceed two (2) pages (excluding the Cover Page, Bibliography
or the Honesty Declaration Form). You may reference your sources as you wish, i.e.
in-text, or in footnotes. A bibliography is not needed but remember to include your
Honesty Declaration Form. You can find it for your convenience on MyModules under
announcements.

Make sure that you follow the upload instructions on how to upload your answer
sheet on
MyModules, as no emailed submissions will be
marked.
In this particular assessment we are testing your knowledge on the study of the
law while applying it to a factual scenario.
We wish you the best for your first

assessment. Kind regards,

The
Lecturers

, QUESTION


Thabo owes an amount of R2 567 374.00 to his creditors. Since Thabo’s retrenchment
by his long-standing employer in March 2024, Thabo has been experiencing ongoing
financial difficulty. He has failed to pay his debts over the past few months, and since
30 November
2024 his liabilities have exceeded his assets. Maria is one of Thabo’s creditors, who is
owed an amount of R320 000 by Thabo. Thabo’s debt to Maria was due and payable
on 5 January
2025, but Thabo failed to pay the debt. Disappointed at this, Maria undertook an
investigation into Thabo’s financial affairs. She has established that Thabo owns an
apartment valued at R2 250 000 and furniture valued at R300,000.


She has also discovered that Thabo had owed his cousin an amount of R400,000,
which was due and payable only on 30 April 2025, and that Thabo had made an early
repayment in full to his cousin on 29 January 2025. Thabo had wanted to ensure that
should one of his creditors apply for the sequestration of his estate, his family members
would not suffer any financial loss.


With the above in mind, discuss whether Maria is likely to be successful in an
application for a court order for the sequestration of Thabo’s estate. Include in your
discussion the requirements she must prove to succeed with such an application.
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