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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
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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 a sequestration order against Bongani’s
estate, it means that Bongani has been declared insolvent, and
his estate will be placed under the control of a trustee. The
primary effect is that Bongani loses control over his estate, and
all his property will be used to pay his creditors in a fair and
orderly manner. Below is a detailed discussion of the effects of
the sequestration order on Bongani:


1. Loss of Control Over His Estate
Once the court grants the final sequestration order, Bongani’s
estate vests in the Master of the High Court and later in a
trustee appointed to administer the estate. Bongani no longer
has the legal capacity to manage, sell, or dispose of his
property.


2. Surrender of Assets
All assets owned by Bongani at the time of sequestration—
including his flat (R1 250 000) and motor vehicle (R200 000)—

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