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MRL3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 9 September 2025

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QUESTION: Bongani is experiencing financial difficulty. He has failed to pay his debts over the past few months, and his liabilities have exceeded his assets since 28 October 2024. Bongani owes a total of R2 500 000 to his creditors, including Flora to whom he owes R280 000. Although this debt was due and payable to Flora on 8 January 2024, Bongani failed to pay the debt. Frustrated by not having been paid back, Flora undertook an investigation into Bongani’s financial situation. She has established that Bongani owns a flat valued at R1 250 000 and a motor vehicle valued at R200,000. Flora is planning to apply for the sequestration of Bongani’s estate. Assume that the court grants an order for the sequestration of Bongani’s estate. Discuss the effect that such an order would have on Bongani.

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Uploaded on
July 26, 2025
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Written in
2024/2025
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, MRL3701 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 9 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
If the court grants an order for the sequestration of Bongani’s
estate, the following legal effects will arise for Bongani, as
outlined under the Insolvency Act 24 of 1936 (South African
law):


1. Loss of Control over Estate
 Bongani will lose legal control over his estate.
 His assets and financial affairs will be managed by a
trustee appointed by the Master of the High Court.
 He will no longer be able to enter into contracts that
affect his estate without the trustee’s consent.


2. Vesting of Estate in the Trustee
 All of Bongani’s assets, including his flat and motor vehicle,
will vest in the trustee.
 The trustee will take control of the assets, sell them, and
use the proceeds to pay creditors in accordance with the
legal ranking of claims.

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