, MRL3701 ASSIGNMENT 2 SEMESTER 2 2026
ANSWERS
DUE DATE: 31 AUGUST 2026
Question 1
Neliswa is an unrehabilitated insolvent and therefore her estate is under the control of a
trustee. The issue is whether the trustee may interfere with her intention to stand as a
candidate in the municipal elections for the Evolve party.
The powers of the trustee
The trustee’s primary responsibility is to administer Neliswa’s insolvent estate and protect
the interests of her creditors. The trustee does not, merely because of the sequestration of
Neliswa’s estate, acquire control over all aspects of her personal life.1 The trustee’s powers
must therefore be distinguished from Neliswa’s personal and political rights.
Political rights of an unrehabilitated insolvent
Insolvency may result in certain restrictions on an individual, but an unrehabilitated
insolvent does not automatically lose all civil and political rights.2 Section 47 of the
Insolvency Act 24 of 1936 deals with the position of an insolvent in relation to membership
of a legislative body.3 This indicates that insolvency does not, by itself, give the trustee the
power to prevent the insolvent from participating in political life.
Neliswa also enjoys the constitutional right to participate in political activities. Section 19 of
the Constitution provides that every citizen has the right to make political choices, including
1
Insolvency Act 24 of 1936.
2
Ibid.
3
Insolvency Act 24 of 1936 s 47.
ANSWERS
DUE DATE: 31 AUGUST 2026
Question 1
Neliswa is an unrehabilitated insolvent and therefore her estate is under the control of a
trustee. The issue is whether the trustee may interfere with her intention to stand as a
candidate in the municipal elections for the Evolve party.
The powers of the trustee
The trustee’s primary responsibility is to administer Neliswa’s insolvent estate and protect
the interests of her creditors. The trustee does not, merely because of the sequestration of
Neliswa’s estate, acquire control over all aspects of her personal life.1 The trustee’s powers
must therefore be distinguished from Neliswa’s personal and political rights.
Political rights of an unrehabilitated insolvent
Insolvency may result in certain restrictions on an individual, but an unrehabilitated
insolvent does not automatically lose all civil and political rights.2 Section 47 of the
Insolvency Act 24 of 1936 deals with the position of an insolvent in relation to membership
of a legislative body.3 This indicates that insolvency does not, by itself, give the trustee the
power to prevent the insolvent from participating in political life.
Neliswa also enjoys the constitutional right to participate in political activities. Section 19 of
the Constitution provides that every citizen has the right to make political choices, including
1
Insolvency Act 24 of 1936.
2
Ibid.
3
Insolvency Act 24 of 1936 s 47.
