INSOLVENCY LAW
MRL3701
DEPARTMENT OF
MERCANTILE LAW
ASSESSMENT 2
100% ANSWERS
SEMESTER 1 – 2024
, Assessment 02:
Question 1: (10 marks)
Wandile owes a total of R3 million to various creditors. His creditors include
Zozo to whom he owes R400 000. He also owes R1,3 million to DRG Bank.
Last year Wandile invested in a get-rich-quick scheme as a result of which he
lost a lot of money. This left him in a dire financial situation. By 31 October
2023 his liabilities exceeded his assets by R800 000. Over the past few months
Wandile has failed to pay some of his debts. In particular he failed to pay the
R400 000 he owes to Zozo. This debt was due and payable on 1 February 2024.
Disappointed at not having been paid back the R400 000 owed to her, Zozo
undertook an investigation into Wandile’s financial situation. The
investigation turned up unassailable proof that Simphiwe had owed R100 000
to his father-in-law, and that Simphiwe repaid R80 000 to his father-in-law on
3 February 2024. Mindful that he was technically insolvent and that one of his
creditors could apply for the sequestration of his estate at any time, Simphiwe
had wanted to ensure that whatever happened, his father-in-law would at
least get something from his estate. Hence, he repaid the loan that he had
obtained from his father-in-law even though the amount was only due and
payable on 30 November 2024. Zozo has established that Wandile owns a
house in Mamelodi valued at R700 000, household furniture valued at R300
000 and a motor vehicle valued at R800 000. Zozois planning to apply for the
sequestration of Wandile’s estate.
Answer the following questions based on the facts given above:
a. Discuss the requirements that an applicant must prove in order to obtain a
court order for the sequestration of a debtor’s estate. (3)
b. Discuss whether Zozo may successfully apply for a court order for the
sequestration of Wandile’s estate. (5)
c. Explain the concept of an act of insolvency, and also discuss the main
purpose of section 8 of the Insolvency Act 24 of 1936.
MRL3701
DEPARTMENT OF
MERCANTILE LAW
ASSESSMENT 2
100% ANSWERS
SEMESTER 1 – 2024
, Assessment 02:
Question 1: (10 marks)
Wandile owes a total of R3 million to various creditors. His creditors include
Zozo to whom he owes R400 000. He also owes R1,3 million to DRG Bank.
Last year Wandile invested in a get-rich-quick scheme as a result of which he
lost a lot of money. This left him in a dire financial situation. By 31 October
2023 his liabilities exceeded his assets by R800 000. Over the past few months
Wandile has failed to pay some of his debts. In particular he failed to pay the
R400 000 he owes to Zozo. This debt was due and payable on 1 February 2024.
Disappointed at not having been paid back the R400 000 owed to her, Zozo
undertook an investigation into Wandile’s financial situation. The
investigation turned up unassailable proof that Simphiwe had owed R100 000
to his father-in-law, and that Simphiwe repaid R80 000 to his father-in-law on
3 February 2024. Mindful that he was technically insolvent and that one of his
creditors could apply for the sequestration of his estate at any time, Simphiwe
had wanted to ensure that whatever happened, his father-in-law would at
least get something from his estate. Hence, he repaid the loan that he had
obtained from his father-in-law even though the amount was only due and
payable on 30 November 2024. Zozo has established that Wandile owns a
house in Mamelodi valued at R700 000, household furniture valued at R300
000 and a motor vehicle valued at R800 000. Zozois planning to apply for the
sequestration of Wandile’s estate.
Answer the following questions based on the facts given above:
a. Discuss the requirements that an applicant must prove in order to obtain a
court order for the sequestration of a debtor’s estate. (3)
b. Discuss whether Zozo may successfully apply for a court order for the
sequestration of Wandile’s estate. (5)
c. Explain the concept of an act of insolvency, and also discuss the main
purpose of section 8 of the Insolvency Act 24 of 1936.
