RRLLB81
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
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: September 2025)
ABSTRACT
, For additional support +27 81 278 3372
This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
LIST OF ABBREVIATIONS AND ACRONYMS
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
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: September 2025)
ABSTRACT
, For additional support +27 81 278 3372
This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
LIST OF ABBREVIATIONS AND ACRONYMS
