Act24/1936 commenced 1 July 1936; the Justice compilation is not a complete 2026 consolidation.
Recorded check status: not yet checked
- Primary pinpoint
- S001 header; S002 metadata
- Limit
- Later amendments separately qualified
FIND THE EXPLANATION
Start with the country and, where necessary, the province or legal system. Familiar debt words can describe different procedures.
Explore South Africa information →This address preserves a dated source document behind the guide. The complete explanation covers the questions, comparisons and next steps for this subject.
If you came here to check a specific citation, open the original archive below. It includes its source dates and recorded qualifications.
The explanation above is written for readers. These original working documents preserve the evidence trail, including technical language, dated passages and known corrections. They have not all received independent professional review. Use the marked limits before relying on a particular rule or figure.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
These components repair their stated scope. They do not replace every other finding in this research series.
CZA four bounded consistency repairs →Focused component: The voluntary-surrender portion of reviewed P05 D09 only.
Fresh research access: 26 October 2026 PDT; 27 October 2026 UTC and SAST. Exact source-opening clock times were not logged and are unknown.
Provenance: Regular Chat with public-source browsing. No model-power, Pro-tier, quota-reset, measured-ranking or independent-review claim is made. P06, P10, P13, P15 and P16 remain unreviewed and are not adopted as premises. P11’s scoped review supplies no insolvency premise.
Disposition: The core voluntary-surrender provisions and immediate consequences were read in the official Insolvency Act compilation and relevant amending Acts. This establishes a substantive national gateway. Important gaps remain: the complete current High Court procedural package, the current §149 jurisdiction text, the operative Master-report requirement, applicable local directives, and a fully opened controlling judgment on the identified constitutional/employee-notice issue. Those gaps prevent treating this as a filing-ready or fully current country-level statement.
Under Insolvency Act 24 of 1936 §3(1), an insolvent debtor or authorised agent may petition the court to accept surrender of the debtor’s estate for the benefit of creditors. The section also permits an application by a person entrusted with administering the estate of a deceased debtor or a debtor incapable of managing their own affairs. Partnership surrender has a separate statutory branch and is outside this pass.
The court does not merely approve a debtor’s preference to stop paying. Section 6(1) requires it to be satisfied about statutory procedure, insolvency, sufficient realisable property to cover the relevant costs from the free residue, and advantage to creditors. Even then, the provision says the court may accept surrender and make a sequestration order. C_ZA-P17-C002–C008.
Primary text: https://www.justice.gov.za/legislation/acts/1936-024.pdf, §§3–6, zero-based PDF P3–P5, internal printed pages 4–6. Justice+2
The Act’s definition of a debtor covers a person, partnership or estate capable of sequestration but excludes a body corporate, company or association capable of liquidation under the relevant company law. An “insolvent estate” is an estate under sequestration.
This pass addresses a living natural person’s estate. It does not transfer the surrender mechanism to companies, business-rescue proceedings or ordinary contractual payment plans. C002. Justice+1
Section 3(1) supplies standing to the person entrusted with administering a deceased insolvent debtor’s estate. That does not establish that every insolvent deceased estate should be brought to sequestration. The Administration of Estates Act supplies a separate insolvent-estate administration route, but its material body could not be opened here. The deceased-estate branch therefore remains limited to the §3 standing point; no full executor, estate-distribution or sequestration-choice conclusion is made. C003, C051.
Matrimonial Property Act 88 of 1984 §17(4)(a) requires an application for surrender of a joint estate to be made by both spouses. A spouse cannot assume that the joint estate is treated as their separate estate merely because the debts were incurred in their name.
Separate estates and the potential effect of Insolvency Act §21 on a solvent spouse’s property are different questions. C004, C037.
Primary text: https://www.justice.gov.za/legislation/acts/1984-088.pdf, §17(4)(a), zero PDF P4; printed page label not independently verified. Justice
The Insolvency Act’s definition of “Court” points to the superior-court jurisdiction governed by §§149 and 151. The ordinary voluntary-surrender application is therefore a High Court matter, not the Magistrates’ Court administration-order process researched separately in P16.
The official judicial training paper examined here describes §149’s connecting factors as domicile or property at the filing date, or ordinary residence or business during the preceding 12 months. However, the actual §149 page in the official compilation did not render. The complete current wording, provisos, transfer/convenience qualifications and application to a particular division are therefore not certified in P17. C005.
The training paper is educational commentary, not a judgment or substitute for the operative jurisdiction provision: https://www.supremecourtofappeal.org.za/index.php/speeches-and-conferences/category/14-conference-papers?download=107%3Ainsolvency-law, zero P2/internal page 3. Supreme Court of Appeal
Section 6 requires the estate to be insolvent. On the sources read, this is actual or balance-sheet insolvency: liabilities exceed the legally relevant value of assets. Temporary inability to pay a bill does not necessarily establish that test.
A debtor whose assets exceed liabilities but who lacks ready cash may be in financial distress without satisfying the voluntary-surrender insolvency predicate. Conversely, estimated values cannot be accepted at face value merely because a schedule is signed. C006, C010. Justice+1
Section 6(1) separately requires realisable property of sufficient value to defray all costs of sequestration payable out of the free residue.
“Free residue” excludes the portion of the estate subject to a preference arising from a special mortgage, legal hypothec, pledge or right of retention. Gross property value is therefore not automatically available to meet ordinary sequestration costs or unsecured creditors. C007, C009. Justice+1
A debtor can be insolvent yet fail this cost-assets requirement. A future salary estimate is not automatically a substitute for proof of realisable property and an adequately evidenced benefit to creditors.
The court must be satisfied that sequestration will be to the advantage of creditors. The voluntary-surrender wording must not be replaced by the differently framed tests applicable to provisional or compulsory sequestration.
A positive arithmetic remainder is evidence relevant to the inquiry, not the judicial conclusion itself. The court must assess the actual estate, realisable values, costs, creditor claims and practical distribution prospects. No fixed national minimum dividend percentage was established in §6 or any final instrument read in this pass. C008, C011–C012. Justice
The judicial training paper discusses differing decisions and local approaches to small dividends and valuations. P17 does not convert a figure mentioned in that paper into a national statutory minimum, current tariff or universally binding acceptance test. Nor is the paper treated as a controlling judgment. C055.
Under §4(4), the Master may require valuation of property by a sworn appraiser or another person designated by the Master. The statement of affairs must supply the statutory financial particulars and be verified by affidavit.
Evidence must distinguish:
The detailed model below is an analytical illustration of these distinctions, not a prescribed court form or valuation standard. C009–C012, C019. Justice
Section 4(1) requires a notice substantially in First Schedule Form A:
Publication must be not more than 30 days and not less than 14 days before the date identified for applying to court. C013–C014.
Primary text: https://www.justice.gov.za/legislation/acts/1936-024.pdf, §4(1), zero P3/internal page 4; First Schedule Form A, zero P76/internal page 77. Justice+1
The statute uses “days,” not “business days,” in this provision. The general time-computation statute and current local court calendar were not fully read, so P17 does not state an actual last publication date or assume holiday extensions.
Within seven days from Gazette publication, the debtor must deliver or post a copy of the notice to every creditor whose address is known or can be ascertained. This is not restricted to the creditors the debtor expects to vote favourably.
The current §4(2) wording was substituted by Insolvency Second Amendment Act 69 of 2002, effective 1 January 2003. C015.
Primary amendment: https://www.gov.za/sites/default/files/gcis_document/201409/a69-020.pdf, §1 substituting §4(2), zero P1/printed Gazette page 2; §10 commencement at zero P4/printed Gazette page 8. South African Government+1
Within the same seven-day period, §4(2)(b) requires a copy to be posted to every registered trade union that, to the debtor’s knowledge, represents employees.
Employees must receive notice through the statutory workplace-display sequence:
C016–C017. South African Government
The exact constitutional treatment of employee categories and the effect of inadequate notice remain a judicial-authority gap in this pass. No domestic-worker exclusion is inferred from the business-premises wording. The identified Constitutional Court final judgment was not successfully obtained, so no majority ratio is claimed.
Section 4(2)(b) also requires a copy to be posted to the South African Revenue Service within seven days after Gazette publication. This is a notice requirement, not a tax clearance, tax discharge or confirmation that a tax liability is included in the unsecured dividend calculation. C018. South African Government
Section 4(3) requires the debtor to lodge a statement of affairs in duplicate with the Master, substantially in First Schedule Form B, containing the prescribed particulars and verified by affidavit.
The statutory Form B is evidence of the required financial disclosure structure. The version printed in the old compilation contains historical currency/layout features and is not presented as a modern completed filing template. C019. Justice+1
Section 4(5) provides for a further copy at the local magistrate’s office in specified circumstances where the debtor resides or trades in a district without a Master’s office. The text contains historical district exceptions. P17 does not silently erase those exceptions or declare a universal modern local-filing rule.
Section 4(6) requires the statement to lie open for creditors’ inspection during office hours for 14 days from the date stated in the notice. C020–C021. Justice
The inspection period, the 14–30-day publication window and the seven-day creditor/employee/SARS notice period have different triggers. They are not one common clock.
Section 3(3) allows the court to examine the petitioner or another person concerning the petition. Sections 4 and 6 supply the statutory disclosure and satisfaction requirements.
The current Uniform Rules PDF could not be opened. P17 therefore does not certify the precise current rule governing:
Those are material unresolved procedural requirements, not optional omissions. C022–C023.
Publication and inspection provide creditors an opportunity to assess the application. Creditor opposition can challenge:
Section 6 does not make every creditor’s consent a prerequisite. Equally, absence of opposition does not relieve the court of its statutory satisfaction requirements. The exact opposition mechanics remain governed by the unread current court rules and local practice. C024. Justice
Section 157(1) prevents a formal defect or irregularity from invalidating an act unless it causes substantial injustice that the court cannot remedy. It does not establish that every premature publication, missed employee notice or incomplete statement is a curable formality.
Whether the defect is formal, whether injustice occurred and whether it is remediable remain judicial questions. P17 did not obtain the full controlling judgment chain resolving the identified notice scenarios. C025. Justice
Publication of the surrender notice restricts the sale of estate property already attached under a writ or similar process, subject to the statutory knowledge and authorised-sale qualifications. It is not a universal suspension of every lawsuit, demand, interest charge or collection communication.
Section 5 also permits the Master to appoint a curator bonis to take possession and control pending the court outcome and the Master’s directions. C026–C027. Justice
The old compilation’s monetary division between Master- and court-authorised sales was not independently brought current. No present rand threshold for that exception is published here.
After publication, the debtor cannot simply withdraw the notice privately.
Section 7 requires:
Only then is the notice treated as withdrawn in the prescribed way. C028. Justice
Under §6(2), the notice lapses if:
Where a curator bonis has taken possession, restoration of the property is subject to provision for the relevant costs to the Master’s satisfaction. C029. Justice
Section 8(f) separately identifies failures involving the published notice, statement or advertised application date as possible acts of insolvency. The 14-day lapse rule is therefore not a licence to disregard the advertised hearing date. P17 identifies that adverse boundary but does not research a creditor’s subsequent compulsory-sequestration application. C030. Justice
No current legal-fee, publication, valuation or trustee-cost tariff was verified. A failed application is not represented as cost-free or as producing an automatic refund; exact adverse-cost liability requires the court rules, any order and the actual retainer. C031.
A sequestration order divests the insolvent of the estate. It initially vests in the Master, and then in the trustee when appointed. The estate includes property at sequestration, including attached property or proceeds still subject to the statutory rule, and certain property acquired during sequestration, subject to §23 exceptions. C032, C036.
Primary text: https://www.justice.gov.za/legislation/acts/1936-024.pdf, §§20–23, zero P12–P16/internal pages 13–17. Justice+3
This is statutory estate control, not permission for an ordinary debt adviser to take ownership or beneficial use of the debtor’s assets.
Section 18 permits the Master to appoint a provisional trustee after sequestration, subject to the required security and the Master’s directions. The Act also provides for creditor participation in trustee election and the Master’s confirmation/appointment process.
The precise current wording of every permanent-trustee appointment, certificate and security requirement was not fully recovered: one relevant page failed. P17 therefore does not give an actual appointee, security amount, bank account title or final professional-permission conclusion. C033, C043. Justice+1
A provisional trustee or trustee acts under the Insolvency Act and the Master/court appointment structure. NCR debt-counsellor status, PDA registration, debt-collector registration or an ordinary attorney retainer does not substitute for that appointment. Nor does insolvency appointment automatically confer every unrelated financial or professional permission. C034.
Section 20 has broader consequences than the pre-order notice:
This is not a statement that every proceeding ends permanently or that every secured creditor loses its rights. C035. Justice+1
Section 21 can temporarily vest the solvent spouse’s property in the Master/trustee as part of the statutory investigation and release mechanism. The trustee must release property when the statutory entitlement predicates are proved.
The provision is distinct from a joint estate in community of property. P17 does not determine the ownership of any spouse’s asset, the validity of an antenuptial contract or the complete release procedure. C037. Justice+1
A mortgage, pledge, legal hypothec or retention right does not disappear merely because the estate is surrendered. Section 47, for example, preserves specified retention/hypothec rights where property is delivered to the trustee with the required notice and proof.
The realisation, secured-cost allocation, deficiency and security-release rules are more detailed than this gateway. They remain deferred, particularly because later financial-sector legislation amended portions of the secured-asset regime. C038, C050. Justice+1
Section 23 permits an insolvent to follow a profession, occupation or employment, with specified restrictions on certain trading activities and requirements for trustee consent. It also imposes recordkeeping and assistance obligations.
Under §23(5), the trustee may recover the portion of post-sequestration earnings that the Master considers unnecessary for the support of the insolvent and dependants. This is neither automatic confiscation of all wages nor an entitlement to retain all future earnings. C039. Justice
Section 23 separately protects certain benefits and recoveries, subject to its exact wording. P17 does not supply a comprehensive exempt-property or income schedule. C040. Justice
Before the second creditors’ meeting, §79 permits the trustee, with the Master’s consent, to make a support allowance from the estate for the insolvent and dependants. It is a controlled power, not a fixed household allowance or minimum guaranteed salary. C041. Justice
Listing a creditor in the statement of affairs is not automatically the same as an admitted claim for distribution. Section 44 provides the claim-proof process, including affidavits and the information required for secured claims. Creditor meetings and the proof/admission process remain subject to the Act and current directions. C042. Justice
Sections 26, 29, 30 and 31 provide distinct grounds concerning dispositions without value, voidable preferences, undue preferences and collusive dealings. They require their own facts, timing, insolvency and statutory predicates.
Surrender does not automatically reverse every earlier transaction. Equally, an applicant cannot assume that a recent transfer, preference or asset disposal will be ignored. No avoidance claim, limitation calculation or asset-protection strategy is given here. C044. Justice+1
The sequestration order is not itself an immediate discharge of debts. Rehabilitation is a separate legal event with separate routes and conditions. C045.
Section 127A contains a deemed-rehabilitation rule after ten years from sequestration, unless the court orders otherwise on an interested person’s timely application with notice. That is a boundary statement only, not a complete rehabilitation guide or prediction of an individual date. C046. Justice
Section 129 provides that rehabilitation generally terminates sequestration, discharges debts due before sequestration or arising from an earlier cause, except debt arising out of the insolvent’s fraud, and removes specified disabilities, subject to the section and conditions of the order. C047. Justice
The portions read also preserve, among other things, certain composition rights, trustee/Master duties concerning the estate, property already vested and not yet distributed, and a surety’s liability. The continuation of §129 was not completely read, so this is not an exhaustive discharge-exception list. C048. Justice
Section 151 supplies a court-review gateway for a person aggrieved by a Master’s decision, subject to notice and the statutory procedure. Section 151bis addresses costs in that context. P17 does not certify the full current High Court appeal/review timetable, standing for every decision or an actual costs outcome. C049. Justice
All costs, values and claims below are stipulated hypothetical inputs—not legal tariffs, appraisals, admitted claims or court-approved amounts. No fixed minimum dividend is inferred.
Assume:
Balance-sheet comparison
R300,000 liabilities − R160,000 assets = R140,000 shortfall
Distribution model
R160,000 free residue − R40,000 costs = R120,000 distributable
R120,000 ÷ R300,000 × 100 = 40%
The model produces 40 cents per rand before any unmodelled change. It does not prove statutory advantage, acceptable valuation, admissible claims or that the court will accept surrender. C006–C012, C056.
Assume:
Base case
R600,000 − R40,000 = R560,000 net property proceeds
R560,000 − R520,000 secured claim = R40,000 surplus
R40,000 + R20,000 = R60,000 free residue
R60,000 − R50,000 = R10,000 concurrent distribution
R10,000 ÷ R250,000 × 100 = 4%
Downside: property realises only R550,000
R550,000 − R40,000 = R510,000 net property proceeds
R520,000 − R510,000 = R10,000 secured shortfall
Assuming solely for the model that the shortfall is an admissible concurrent claim:
R250,000 + R10,000 = R260,000 concurrent claims
No surplus comes from the property. Free residue is only R20,000:
R20,000 − R50,000 = −R30,000 cost shortfall
There is no positive dividend pool on those assumptions. The model fails the cost-coverage premise, quite apart from creditor advantage. It does not decide the actual security priority or treatment of a real deficiency. C007–C012, C038, C056.
Assume:
R90,000 − R80,000 = R10,000
R10,000 ÷ R1,000,000 × 100 = 1%
A positive one-cent-per-rand estimate does not compel acceptance. Section 6 still requires the court to be satisfied of advantage to creditors and permits refusal. There is no verified national “1% accepted” or “20% required” rule in this pass. C008, C011–C012, C056.
Let:
The statutory requirements are:
P17 does not convert these periods to “clear business days,” determine included/excluded endpoints or supply a live hearing date. The current Interpretation Act, Uniform Rules and local calendar application remain unresolved. C014–C021, C053.
| No. | Fictional facts and actor | Required proof, legal route and possible effect | Adverse branch / missing facts | Claims |
|---|---|---|---|---|
| 1 | A natural person’s liabilities exceed assets, but no unencumbered realisable assets are identified. | §6 requires sufficient property to cover costs from free residue as well as insolvency and creditor advantage. | Insolvency alone is insufficient. Recoverable assets or another lawful funding basis would need substantiation, not speculation. | C006–C012 |
| 2 | A debtor cannot pay this month’s bills, but conservatively valued assets exceed liabilities. | Actual insolvency must be established. | Cash-flow distress alone does not establish the surrender test. Values and contingent obligations may change the conclusion. | C006 |
| 3 | The principal asset is mortgaged and most sale proceeds would satisfy security and sale costs. | Separate gross value, secured debt, sale costs and free-residue surplus. | A high property value can coexist with no cost-bearing free residue. Actual bond, costs and valuation required. | C007,C009,C038 |
| 4 | An applicant’s valuation assumes a high sale price without supporting evidence. | Statement, affidavit and any required appraiser valuation must support realisability. | Master may require valuation; court need not accept optimistic figures. No fixed valuation fee or universal appraisal format is assumed. | C010,C019 |
| 5 | Estimated creditor dividend is 1%. | Court must still find advantage and exercise discretion. | Positive arithmetic is not legal acceptance; costs or claim changes can eliminate it. | C008,C011–C012,C056 |
| 6 | One spouse seeks to surrender a joint estate in community of property. | Both spouses must apply under Matrimonial Property Act §17(4)(a). | A separate-estate marriage engages different ownership and potential §21 issues. Actual marital regime required. | C004,C037 |
| 7 | Debtor has irregular commission income but few current assets. | Existing realisable property, cost coverage and creditor advantage must be proved; later surplus earnings may be relevant under §23(5). | A favourable future-income forecast does not automatically replace the initial cost-assets test. Household necessities and Master’s assessment remain material. | C007,C012,C039–C041 |
| 8 | Gazette notice is published, but the newspaper or statement inspection is defective. | Court must assess §4 compliance; §157 is not blanket condonation. | Whether defect is formal and remediable is judicial; current controlling notice cases and local rules remain held. | C013–C025 |
| 9 | A creditor opposes on valuation, omitted assets or costs. | Court can examine the petitioner and evidence; §6 predicates still apply. | Creditor objection is not automatically a veto, but no opposition is not proof of advantage. Actual opposition procedure required. | C022–C024 |
| 10 | Debtor has employees and a tax account. | Within seven days from Gazette publication, satisfy creditor/union/employee/SARS notice branches. | A personal declaration of “no employees” must be factually correct; constitutional employee-scope details were not fully verified. | C015–C018,C054 |
| 11 | After publication, debtor changes their mind. | §7 written Master consent plus Gazette and same-newspaper withdrawal publication. | Private withdrawal is insufficient; lapse and act-of-insolvency consequences may arise. | C028–C030 |
| 12 | Court accepts surrender; debtor assumes all debts disappear and they can keep directing asset sales. | Estate vests in Master then trustee; administration and later rehabilitation are separate. | No immediate discharge or freedom to dispose of vested assets follows. | C032–C048 |
| 13 | Executor considers surrender of a deceased insolvent estate. | §3 permits the entrusted estate administrator to apply. | Separate Administration of Estates Act alternatives, authority and procedures were not read completely. | C003,C051 |
| 14 | Notice is published while an attached asset is scheduled for sale; debtor assumes every legal action has stopped. | §5 gives a limited attached-property sale restriction with exceptions; order effects under §20 are separate. | No universal pre-order collection stay, interest freeze or debt cancellation is established. | C026–C027,C035,C045 |
| Prior component | Original reviewed position | P17 addition | Disposition |
|---|---|---|---|
| P05 D09: Statutory insolvency, sequestration, administration orders, business rescue | excluded_with_reason — Separate statutory-solution fee/actor study. | Natural-person voluntary-surrender gateway, national notice procedure, cost/advantage tests and limited order consequences researched. | Partial substantive completion for voluntary surrender only. |
| Administration orders | Separate P16 report, unreviewed | No P16 conclusion used. | Held separately |
| Compulsory creditor sequestration | Deferred | Only necessary boundary and adverse act-of-insolvency risk noted. | Deferred |
| Voluntary surrender of deceased estate | Not previously completed | §3 standing identified; alternative estate law not completed. | Partial boundary only |
| Business rescue | Deferred | Not researched. | Deferred |
| Company liquidation | Deferred | Not researched. | Deferred |
| Full rehabilitation/discharge | Deferred | §§127A/129 boundary read only. | Deferred |
| P06/P10/P13/P15 and broader country | Unreviewed or scoped with holds | Not used as accepted premises. | Holds unchanged |
All fresh accesses occurred on 26 October 2026 PDT / 27 October 2026 UTC. Exact opening times are unknown. Internal page numbers below are those of the PDF compilation, not Gazette pages unless explicitly stated.
| Source ID | Issuer, title and complete literal HTTPS URL | Material body actually read / locator | Status and limits |
|---|---|---|---|
| C_ZA-P17-S001 | Department of Justice, Insolvency Act 24 of 1936, amended 96-page compilation. https://www.justice.gov.za/legislation/acts/1936-024.pdf | Header/amendments P0; definitions P1–2; §§3–8 P3–5; §18 P10; §§20–23 P12–16; §§25–31 P17–18; §§39,44 P24,26; §47 P28; appointment portions P31; removal P34; §79 P42; §§127A/129 P65; §151 P73; §157 P75; Form A/Form B start P76. Internal printed page = zero index +1 on inspected pages. | Fresh official parsed body and listed page images read. Later section opens and some pages failed. Compilation lists amendments through 2005, not all later amendments. §149, part of §56 and continuation of §129 not fully read. |
| S002 | South African Government, Insolvency Act 24 of 1936 legislative record. https://www.gov.za/documents/insolvency-act-24-jun-1936-0000 | HTML commencement and amendment list. | Fresh metadata. Commencement 1 July 1936; lists later amendments through Act23/2021. Not operative section text. |
| S003 | Parliament/Presidency, Insolvency Second Amendment Act 69 of 2002, GG24285, GoN121. https://www.gov.za/sites/default/files/gcis_document/201409/a69-020.pdf | §1 replacing §4(2), zero P1/GG p2; §10 commencement, zero P4/GG p8. | Fresh enacted body; P1 image inspected. Commencement 1 January 2003. Gazette publication 22 January 2003 is not substituted for commencement. |
| S004 | Department of Justice, Matrimonial Property Act 88 of 1984, amended compilation. https://www.justice.gov.za/legislation/acts/1984-088.pdf | §17(4)(a), zero P4; printed label unverified. | Fresh body and page image read. Both spouses required for joint-estate surrender. No full matrimonial-property review. |
| S005 | Parliament/Presidency, Financial Sector Laws Amendment Act 23 of 2021, GG45825, notice789. https://www.gov.za/sites/default/files/gcis_document/202203/45825gen789.pdf | Clauses 1–3, zero P3/GG p4 and adjacent text: §22A and amendments touching §§35A/83. | Fresh enacted body and P3 image read. Later financial-sector overlay; not a rewrite of §§3–7. Different commencement provisions must be separated. |
| S006 | Minister of Finance, Commencement of Certain Provisions of Financial Sector Laws Amendment Act, 2021, GN3202, GG48294, 24 March 2023. https://www.gov.za/sites/default/files/gcis_document/202303/48294gon3202.pdf | Operative notice, zero P0/GG p80. | Fresh body/image read. Section 1 of Act23/2021 commenced 1 June 2023. The notice does not list sections 2–3 among that group; their full commencement chain remains held. |
| S007 | Supreme Court of Appeal, Justice V. Ponnan, Insolvency Law, SAJEI educational paper. https://www.supremecourtofappeal.org.za/index.php/speeches-and-conferences/category/14-conference-papers?download=107%3Ainsolvency-law | Jurisdiction summary zero P2/internal p3; voluntary-surrender discussion P24–P31/internal pp25–32; P24 image inspected. | Fresh judicial educational commentary, not a judgment. Used to locate unresolved authorities, not as a binding national tariff/dividend test. |
| S008 | SARS, Personal Income Tax: Insolvency. https://www.sars.gov.za/types-of-tax/personal-income-tax/pit-insolvency/ | HTML description of actual insolvency, sequestration and deceased-estate distinctions. | Fresh official guidance. Tax treatment and full deceased-estate procedure not researched. |
| S009 | Justice, Uniform Rules of Court, official hosted compilation. https://www.justice.gov.za/legislation/rules/Uniform-Rules-of-Court-GG999-GNR48-19650112-SAFLII.pdf | No substantive body obtained. | Failed current procedural candidate. Timeout. No rule 6 or Master-report deadline is asserted from it. |
| S010 | Chief Master, Directive 1 of 2025, online advertisement/publication material. https://www.justice.gov.za/master/m_docs/2025-01_CHM-directive.pdf | No substantive body obtained. | Failed candidate. Search metadata cannot prove replacement of §4 Gazette/newspaper publication. |
| S011 | Chief Master, Directives index. https://www.justice.gov.za/master/directives.html | No substantive body obtained. | Failed official alternate/index. No complete directive-currentness claim. |
| S012 | Department of Justice, Administration of Estates Act 66 of 1965. https://www.justice.gov.za/legislation/acts/1965-066%20admin%20estates.pdf | No substantive body obtained. | Failed deceased-estate boundary candidate. No §34 procedure adopted. |
| S013 | Department of Justice, Interpretation Act 33 of 1957. https://www.justice.gov.za/legislation/acts/1957-033.pdf | No substantive body obtained. | Failed time-computation source. No general holiday or endpoint rule inferred. |
| S014 | South African Government, Interpretation Act legislative record. https://www.gov.za/documents/interpretation-act-24-may-1957-0000 | HTML record opened; linked statutory file failed. | Metadata only. Does not resolve exact surrender notice computation. |
| S015 | Government Gazette, original Insolvency Act 24 of 1936. https://www.gov.za/sites/default/files/gcis_document/201505/act24of1936s.pdf | No body obtained; file exceeded retrieval size limit. | Failed official original-law alternate. No original-page claim. |
| S016 | Constitutional Court, catalogue for Stratford and Others v Investec Bank Limited and Others [2014] ZACC38. https://collections.concourt.org.za/items/5028100e-ca2d-47df-b0e7-430c1c20db3d | Catalogue citation/status information only. | Fresh official metadata. Final judgment body not obtained; no ratio, majority holding or current citator conclusion adopted. |
| S017 | Constitutional Court, historical link to official final judgment in [2014] ZACC38. https://collections.concourt.org.za/bitstream/handle/20.500.12144/3759/Full%20judgment%20Official%20version%20%28268%20Kb%29-22515.pdf?sequence=14&isAllowed=y | No body obtained; 404 response. | Failed final-opinion candidate. Employee-notice/constitutional qualification remains unresolved. |
| S018 | Constitutional Court, pre-hearing media summary associated with the same litigation. https://collections.concourt.org.za/bitstreams/7c2897cc-304c-4c51-95ea-b1a38519f463/download | Two-page pre-hearing summary. | Fresh document identified, excluded as final merits authority. Not relied on for legal holding. |
| S019 | SAFLII, Insolvency Act consolidation. https://www.saflii.org/za/legis/consol_act/ia1936149/ | No body obtained; access denied. | Failed public alternate. No statutory claim rests on it. |
| S020 | LawLibrary, Insolvency Act 24 of 1936. https://lawlibrary.org.za/akn/za/act/1936/24 | No body obtained; access denied. | Failed public alternate. No body or currentness claim. |
| S021 | South African Government, Financial Matters Amendment Act 18 of 2019 legislative page. https://www.gov.za/documents/acts/financial-matters-amendment-act-18-2019-english-afrikaans-23-may-2019 | Amendment identity surfaced; substantive body not obtained. | Unresolved later-amendment candidate. Detailed secured-asset effects remain held. |
| S022 | Department of Justice, Master: Insolvency. https://www.justice.gov.za/master/insolvency.html | No substantive body obtained. | Failed guidance candidate. No service procedure or absence finding inferred. |
Source hierarchy: S001, S003–S006 are the substantive legislative evidence. S002/S014/S016 are metadata. S007 is educational commentary. S008 is official guidance. The remaining entries preserve failed or excluded candidates; they do not prove substantive rules.
All claims are national and bounded. A066, A097 and A098 remain unaccepted. Pinpoints refer to the full URLs in the source register.
| Claim ID | Exact proposition, actor, trigger and effect | Primary pinpoint | Limit |
|---|---|---|---|
| C_ZA-P17-C001 | Act24/1936 commenced 1 July 1936; the Justice compilation is not a complete 2026 consolidation. | S001 header; S002 metadata | Later amendments separately qualified |
| C002 | “Debtor” includes the relevant person/estate but excludes bodies capable of company-law liquidation. | S001 §2, zero P1 | Partnerships/company regimes deferred |
| C003 | Debtor/agent or entrusted administrator of deceased/incapable debtor estate may petition voluntary surrender. | S001 §3(1), P3 | Authority and estate status required |
| C004 | Both spouses must apply to surrender a community-of-property joint estate. | S004 §17(4)(a), P4 | Marital regime unknown |
| C005 | Superior-court jurisdiction applies; exact current §149 nexus/proviso was not fully read. | S001 §2; S007 P2 | Educational jurisdiction summary is not complete primary verification |
| C006 | Court must be satisfied the estate is actually insolvent. | S001 §6(1), P5 | Cash-flow difficulty alone insufficient |
| C007 | Realisable property must cover all sequestration costs payable from free residue. | §6(1), P5 | Actual costs/values required |
| C008 | Court must find advantage to creditors and retains discretion to refuse. | §6(1), P5 | Positive dividend is not the finding |
| C009 | Free residue excludes value subject to specified security preferences. | §2, P2 | Actual security/priority facts required |
| C010 | Master may require sworn-appraiser/designated valuation. | §4(4), P4 | Not every self-estimate accepted |
| C011 | No fixed national minimum dividend percentage was established. | §6(1); source review | Not proof no relevant local judicial approach exists |
| C012 | Financial model is evidence only and must avoid double-counting costs/security. | §6 and stated model assumptions | No appraisal or court approval |
| C013 | Notice substantially Form A goes in Gazette and relevant circulating newspaper. | §4(1), P3; Form A P76 | Current directive overlay held |
| C014 | Publication window is no more than 30 and no less than 14 days before advertised application. | §4(1), P3 | Exact endpoint/holiday computation held |
| C015 | Within seven days from Gazette publication, deliver/post copy to known/ascertainable creditors. | S003 §1, P1 | Address and delivery evidence required |
| C016 | Same seven-day period applies to posting to known registered employee unions. | S003 §1, P1 | Actual employee/union facts |
| C017 | Employee notice follows accessible-board, gate or door statutory sequence. | S003 §1, P1 | Constitutional/category qualification not fully verified |
| C018 | Copy must be posted to SARS within the same seven-day period. | S003 §1, P1 | Not tax clearance/discharge |
| C019 | Duplicate Form B statement with affidavit lodged with Master. | S001 §4(3), P4 | Current local filing/electronic form held |
| C020 | Additional magistrate-copy rule has geographic predicates and historic exceptions. | §4(5), P4 | Modern local application unverified |
| C021 | Statement available for 14-day creditor inspection from notice’s stated date. | §4(6), P4 | Office hours/start date evidence |
| C022 | Court may examine petitioner or another person regarding petition. | §3(3), P3 | Hearing procedure separate |
| C023 | Current Uniform Rule/Master-report mechanics were not obtained. | S009 failure | No report deadline invented |
| C024 | Creditor opposition can test the statutory case; consent/no opposition does not replace §6 satisfaction. | §§3–6 | Exact opposition rules held |
| C025 | §157 protects against formal defects only within substantial-injustice/remedy qualification. | §157(1), P75 | Not automatic condonation of every failure |
| C026 | Publication restricts specified attached-property sales, with statutory exceptions. | §5(1), P4 | Not universal collection stay; sale-authority threshold not certified |
| C027 | Master may appoint curator bonis before surrender outcome. | §5(2), P4 | Directions/security facts required |
| C028 | Withdrawal requires Master’s written consent and publication of withdrawal/consent. | §7, P5 | Good faith/good cause predicates |
| C029 | Refusal, proper withdrawal or failure to apply within statutory post-advertised period causes lapse; curator costs may remain. | §6(2), P5 | No automatic refund |
| C030 | Published-notice failures can constitute an act of insolvency; 14-day lapse rule is not general grace to ignore hearing. | §8(f), P5 | Compulsory route not researched |
| C031 | Current professional, publication, appraisal and trustee tariffs/adverse-cost outcome were not verified. | Source limitation | No fee quote or cost immunity |
| C032 | Sequestration divests estate to Master and then trustee. | §20(1)(a), P12 | Statutory capacity, not personal beneficial ownership |
| C033 | Master may appoint provisional trustee after order subject to security/directions. | §18, P10 | Actual appointment absent |
| C034 | Trustee appointment is not supplied by NCR/PDA/collector/ordinary attorney status. | §§18,20,56 | Other permissions remain separate |
| C035 | Order stays specified civil proceedings until appointment and stays execution subject to court/statutory exceptions. | §20(1), P12–13 | Not permanent end of all proceedings |
| C036 | Estate can include post-order acquisitions subject to §23. | §20(2), P13 | Full exemptions deferred |
| C037 | Solvent-spouse property can vest temporarily, subject to statutory release. | §21, P13–15 | Ownership/marital facts essential |
| C038 | Security rights are not automatically extinguished; §47 preserves specified rights on compliant delivery/proof. | §47, P28 | Full security/§83 law held |
| C039 | Insolvent may work subject to statutory limits; earnings surplus beyond support needs can be recovered under Master’s assessment. | §23, P15–16 | No fixed income retention amount |
| C040 | Certain pensions, compensation and other benefits receive qualified treatment. | §23(7)–(9), P16 | Not exhaustive exemptions list |
| C041 | Trustee may, with Master consent, make pre-second-meeting support allowance. | §79, P42 | Discretionary, no fixed amount |
| C042 | Creditors must prove claims through statutory process; statement listing is not automatic admission. | §44, P26 | Full meetings/voting process held |
| C043 | Complete current permanent-trustee appointment/security chain not fully read. | §56 partial P31; P32 failed | No certificate/account/signatory finding |
| C044 | Prior dispositions/preferences/collusion may be challenged under distinct statutory predicates. | §§26,29–31, P17–18 | No automatic avoidance or asset-sheltering advice |
| C045 | Surrender/sequestration does not itself immediately discharge debts. | §§20,127A,129 | Rehabilitation separate |
| C046 | §127A has a ten-year deemed-rehabilitation rule subject to a contrary court order on timely application. | §127A, P65 | Full earlier rehabilitation routes held |
| C047 | Rehabilitation generally discharges specified pre-sequestration debts except fraud debts, subject to statutory conditions. | §129(1), P65 | Not exhaustive exception analysis |
| C048 | Rehabilitation does not necessarily free already vested undistributed property or sureties. | §129(3), P65 | Continuation not completely read |
| C049 | Aggrieved person has a statutory court-review gateway for Master decisions. | §151, P73 | Full current procedural rules/appeal held |
| C050 | Later financial-sector amendments affect special institutions/security; §22A amendment commenced 1 June 2023. | S005 cl1; S006 P0/GG80 | Other later provisions’ commencement/effects held |
| C051 | Deceased-estate §3 standing does not complete the Administration of Estates Act alternative. | §3(1); S012 failure | Full deceased-estate route deferred |
| C052 | Unread 2025 Master directive cannot establish replacement of §4 publication duties. | S010–S011 failures | No online-only substitution assumed |
| C053 | Notice periods are stated symbolically because complete day/holiday computation was not verified. | §§4,6; S013–S014 | No actual deadline |
| C054 | No final constitutional/controlling judgment was successfully opened for the employee-notice issue. | S016–S018 | No ratio or full citator claimed |
| C055 | SCA educational paper is not a controlling judgment or national dividend/cost tariff. | S007 | Cases quoted there not adopted as freshly read judgments |
| C056 | Numerical examples are hypothetical arithmetic, not court findings or accepted fees. | §6 plus stipulated inputs | Values/costs/claims unknown |
| C057 | P05 D09 becomes partially researched for voluntary surrender only. | C001–C056 | Other statutory solutions held |
| C058 | Full liquidation, rescue, compulsory sequestration and rehabilitation remain deferred. | Scope boundary | No substitute report |
| C059 | All nine provincial/divisional/local branches remain unexamined. | Scope boundary | National Act not local clearance |
| C060 | No actual applicant, estate, trustee, creditor, property, account or docket was investigated. | Research-method fact | Generic public sources only |
| C061 | A066/A097/A098, parent, country and publication acceptance remain held. | Scope/provenance | Separate review required |
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G1-01 | Act identity/commencement | answered historically | C001 | Later amendment chain separately qualified |
| G1-02 | Complete current consolidation | partial-currentness | C001,C050 | Read all later material amendments/commencements |
| G1-03 | Debtor/estate definition | answered | C002 | Actual entity/estate facts |
| G1-04 | Natural-person applicant | answered | C003 | Actual authority/status |
| G1-05 | Agent applicant | partial | C003 | Mandate and procedural proof |
| G1-06 | Incapable debtor estate | partial | C003 | Entrusted-administrator authority |
| G1-07 | Deceased estate | partial boundary | C003,C051 | Administration of Estates Act route |
| G1-08 | Joint community estate | answered conditionally | C004 | Both spouses/marital regime |
| G1-09 | High Court versus Magistrates’ Court | answered at institutional level | C005 | Actual division |
| G1-10 | Domicile/residence/business/property nexus | partial | C005 | Read current §149 and provisos |
| G1-11 | Local venue/transfer | unresolved | C005,C059 | Division rules/current jurisdiction text |
| G1-12 | Actual insolvency | answered at statutory level | C006 | Full liabilities/values |
| G1-13 | Cash-flow distress alone | answered negatively | C006 | Actual estate balance |
| G1-14 | Cost-bearing property | answered | C007 | Realisation and cost evidence |
| G1-15 | Free residue | answered | C009 | Actual security/priorities |
| G1-16 | Advantage to creditors | answered at statutory level | C008 | Evidential assessment by court |
| G1-17 | Minimum dividend | no fixed rule established | C011,C055 | Any applicable controlling/local decision |
| G1-18 | Court discretion | answered | C008 | Actual application |
| G1-19 | Valuation requirement | answered conditionally | C010 | Appraiser/report/assumptions |
| G1-20 | Current cost/tariff amounts | unresolved | C031 | Current tariff and actual allowed costs |
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G2-01 | Form A notice | answered | C013 | Current local submission format |
| G2-02 | Gazette and newspaper | answered | C013 | Publication proof/circulation |
| G2-03 | 14–30-day window | answered textually | C014 | Exact calendar computation |
| G2-04 | Creditor notice | answered | C015 | Address and delivery records |
| G2-05 | Union notice | answered conditionally | C016 | Employee/union facts |
| G2-06 | Employee display notice | answered textually | C017 | Constitutional/local qualification |
| G2-07 | SARS notice | answered | C018 | Posting proof |
| G2-08 | Form B statement/affidavit | answered | C019 | Current form and true financial facts |
| G2-09 | Additional magistrate copy | partial | C020 | Modern local exceptions/practice |
| G2-10 | Fourteen-day inspection | answered textually | C021 | Notice start/office proof |
| G2-11 | Master report | unresolved | C023 | Current Uniform Rule and practice |
| G2-12 | Court examination | answered | C022 | Hearing evidence |
| G2-13 | Creditor opposition | partial | C024 | Current filing/opposition rules |
| G2-14 | Notice defect/condonation | partial | C025,C054 | Final controlling judgments/local rules |
| G2-15 | Pre-order sale restriction | answered narrowly | C026 | Exceptions and current authority limits |
| G2-16 | Curator bonis | answered conditionally | C027 | Appointment/directions |
| G2-17 | Withdrawal | answered | C028 | Written consent/publication |
| G2-18 | Lapse/adverse acts/costs | answered at gateway level | C029–C031 | Actual chronology/order/costs |
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G3-01 | Divestment/vesting | answered | C032 | Actual order/assets |
| G3-02 | Provisional trustee | answered conditionally | C033 | Appointment/security |
| G3-03 | Permanent trustee | partial | C043 | Complete §56/current conditions |
| G3-04 | Separate professional permissions | boundary answered | C034 | Actual regulated activities |
| G3-05 | Civil-proceedings stay | answered narrowly | C035 | Exceptions/procedural posture |
| G3-06 | Execution stay | answered narrowly | C035 | Order notice/court directions |
| G3-07 | After-acquired property | partial | C036,C040 | Full exemptions/current law |
| G3-08 | Solvent-spouse property | partial | C037 | Ownership/release evidence |
| G3-09 | Secured rights | partial boundary | C038,C050 | Current §83/security law |
| G3-10 | Work/business restrictions | partial | C039 | Occupation/consent facts |
| G3-11 | Earnings/necessities/dependants | answered conditionally | C039 | Master’s assessment |
| G3-12 | Support allowance | answered conditionally | C041 | Master consent/estate resources |
| G3-13 | Creditors’ proof/participation | partial | C042 | Current meeting/claim procedures |
| G3-14 | Money/account/signatory controls | deferred technical detail | C034,C043 | Current trustee banking rules |
| G3-15 | Avoidance gateway | partial boundary | C044 | Actual disposition and full statutory elements |
| G3-16 | Immediate discharge | answered negatively | C045 | Rehabilitation separate |
| G3-17 | Ten-year deemed rehabilitation | answered at text boundary | C046 | Exceptions and actual court history |
| G3-18 | Rehabilitation debt effect | partial | C047–C048 | Full §129 and other routes/exceptions |
| G3-19 | Master decision review | partial | C049 | Current procedure/standing |
| G3-20 | Modern financial-sector overlay | partial | C050 | Later commencement/security provisions |
| Row | Workflow | Status | Claims | Missing facts |
|---|---|---|---|---|
| G4-01 | Insolvent/no free-residue assets | adverse branch established | C006–C012 | Realisable assets/costs |
| G4-02 | Solvent cash-flow distress | adverse branch established | C006 | Actual balance sheet |
| G4-03 | Encumbered property | conditional model | C007,C009,C038 | Security/realisation values |
| G4-04 | Valuation challenge | conditional | C010,C019 | Appraisal evidence |
| G4-05 | Minimal dividend | no automatic acceptance | C008,C011,C056 | Court advantage finding |
| G4-06 | Joint estate | conditional | C004,C037 | Marital regime/applicants |
| G4-07 | Irregular income | partial | C007,C039–C041 | Reliable earnings/support evidence |
| G4-08 | Notice failure | partial | C013–C025 | Defect/remedy/case authority |
| G4-09 | Creditor opposition | partial | C022–C024 | Current rules and evidence |
| G4-10 | Employee/tax notice | conditional | C015–C018 | Actual persons/address/posting |
| G4-11 | Attempted withdrawal | conditional | C028–C030 | Master consent/publication |
| G4-12 | Asset control/discharge assumption | boundary answered | C032–C048 | Actual order/rehabilitation |
| G4-13 | Deceased estate | partial boundary | C003,C051 | Executor/alternative process |
| G4-14 | Universal-stay assumption | rejected | C026,C035 | Specific execution/order facts |
| Row | Matter | Status | Finding/claims | Exact next action |
|---|---|---|---|---|
| G5-01 | P05 D09 surrender part | partial substantive completion | C057 | Resolve listed procedural/currentness gaps |
| G5-02 | Other insolvency solutions | deferred | C058 | Separate focused passes |
| G5-03 | Current rules/directives | unresolved | C023,C052–C054 | Open operative current official bodies |
| G5-04 | Unreviewed previous reports | not adopted | C061 | Separate coordinator review |
| G5-05 | No actual records/actions | confirmed | C060 | None |
| G5-06 | Acceptance/provinces/foreign | held | C059,C061 | Separate jurisdictional and review work |
| Row | Deferred family | Exact retained question |
|---|---|---|
| D01 | Compulsory creditor sequestration | What applicant standing, provisional/final tests and procedures apply? |
| D02 | Magistrates’ Court administration orders | P16 remains unreviewed; no premise adopted. |
| D03 | Company liquidation | Separate company/insolvency regime. |
| D04 | Business rescue | Separate practitioner, rescue-plan and court process. |
| D05 | Full deceased-estate insolvency | Executor authority and Administration of Estates Act procedure. |
| D06 | Full trustee appointment/security policy | Current appointment policy, certificate, security and challenge mechanisms. |
| D07 | Estate banking/client-money technicalities | Account title, ownership, signatories, investment, interest and reconciliation. |
| D08 | Full secured-asset realisation | Current §§83 and related priorities, costs, deficiencies and release. |
| D09 | Full avoidance law | Disposition type, timing, defences, standing and recovery. |
| D10 | All exemptions and protected income | Complete current property, benefit, pension and support regime. |
| D11 | Full rehabilitation | Earlier applications, statutory periods, notice, opposition, conditions and exclusions. |
| D12 | Private contracts and advisers’ fees | Actual mandate, services, invoices, cost agreements and consumer remedies. |
| D13 | NCA debt review and credit classification | Separate statutory pathway; P13 unreviewed. |
| D14 | PDA/payment-distribution permissions | P06 unreviewed and not applicable by analogy. |
| D15 | NCR/NCT enforcement | P10 unreviewed; no enforcement premise. |
| D16 | Credit reporting and clearance | P15 unreviewed; no automatic reporting outcome. |
| D17 | Prescription | No interruption, revival or limitation result decided here. |
| D18 | Tax and SARS claims | Notice is established; tax priority, return and discharge consequences are not. |
| D19 | Maintenance, public and special claims | Classification and priority require separate sources. |
| D20 | Foreign law/cross-border assets/recognition | Jurisdiction and recognition outside the national gateway remain held. |
| D21 | Customary/tribal/local arrangements | No customary-law or local community-property analysis. |
| D22 | Whole parent/country/A066/A097/A098/publication approval | No acceptance or operational publication clearance follows. |
| Province | Status | Exact remaining question |
|---|---|---|
| Eastern Cape | Unexamined locally | Which High Court division/seat, practice directive, filing package, calendar and Master’s office apply? |
| Free State | Unexamined locally | Same division, local forms, valuation practice and hearing inquiry. |
| Gauteng | Unexamined locally | Which division/seat and current insolvency practice requirements govern? No local dividend standard is assumed. |
| KwaZulu-Natal | Unexamined locally | Current division procedure and final local notice/valuation authorities require primary reading. |
| Limpopo | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Mpumalanga | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Northern Cape | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| North West | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Western Cape | Unexamined locally | Historical §4(5) district wording must be reconciled with current court/Master arrangements. |
National legislation does not clear every province, High Court seat, Master’s office or local practice.
| Candidate | Supported educational function | Required limit |
|---|---|---|
| Voluntary-surrender gateway checklist | Separate actual insolvency, cost-bearing assets, creditor advantage and procedure. | Not an eligibility or court-acceptance certificate. |
| Free-residue worksheet | Separate gross value, security, realisation costs, free residue and concurrent claims. | Inputs must be independently supported; no fixed dividend promise. |
| Notice-event map | Distinguish Gazette/newspaper, creditor, union, employee, SARS and inspection triggers. | No live deadlines until current computation rules and local calendar are verified. |
| Statement-of-affairs evidence checklist | Assets, liabilities, valuations, security, claims and supporting affidavits. | Not a replacement for the prescribed form or current court bundle. |
| Publication-versus-order explainer | Show limited §5 effects versus broader §20 vesting/stays. | No universal pre-order collection freeze. |
| Surrender-versus-discharge article | Explain that rehabilitation is separate and qualified. | Full rehabilitation procedure requires another pass. |
| Joint-estate decision gate | Require marital-regime and both-spouse analysis. | No assumption that every spouse’s asset belongs to the same estate. |
The research used the Justice and gov.za statutory repositories, official Master/SARS materials, the SCA’s published judicial education paper and the Constitutional Court’s public catalogue.
Material search themes were:
Read bounds and failures
| Deliverable | Actual displayed count |
|---|---|
| P17 source-register rows | 22 |
| P17 atomic claims | 61 |
| G1 core coverage | 20 |
| G2 core coverage | 18 |
| G3 core coverage | 20 |
| G4 workflow coverage | 14 |
| G5 scope/reconciliation coverage | 6 |
| Total core coverage | 78 |
| Deferred-family rows | 22 |
| Provincial/local rows | 9 |
| Total coverage/hold rows | 109 |
| Fictional workflows | 14 |
| Financial calculation models | 3 |
| Symbolic timetable model | 1 |
| Reviewed-gap crosswalk rows | 8 |
| Opportunity rows | 7 |
| Actual eligibility, order, dividend or discharge findings | 0 |
What is the complete currently operative High Court and Master procedural package for a voluntary-surrender application in the relevant division—including Insolvency Act §149, Uniform Rule requirements for the Master’s report and service, operative publication directives, time computation, and the controlling final judgments on employee notice, defective publication, valuation and creditor advantage?
Final P17 disposition: The voluntary-surrender portion of P05 D09 moves from wholly deferred to partial substantive national coverage. The statutory applicant, financial, notice and immediate-effect gateway is established with material procedural, judicial-authority, currentness and local-practice gaps expressly retained. No actual surrender eligibility, court order, dividend, discharge or country/parent/A066/A097/A098 acceptance is determined.
END C_ZA PASS-17
Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
These components repair their stated scope. They do not replace every other finding in this research series.
CZA four bounded consistency repairs →No. · Fictional facts and actor · Required proof, legal route and possible effect · 14 data rows
| No. | Fictional facts and actor | Required proof, legal route and possible effect | Adverse branch / missing facts | Claims |
|---|---|---|---|---|
| 1 | A natural person’s liabilities exceed assets, but no unencumbered realisable assets are identified. | §6 requires sufficient property to cover costs from free residue as well as insolvency and creditor advantage. | Insolvency alone is insufficient. Recoverable assets or another lawful funding basis would need substantiation, not speculation. | C006–C012 |
| 2 | A debtor cannot pay this month’s bills, but conservatively valued assets exceed liabilities. | Actual insolvency must be established. | Cash-flow distress alone does not establish the surrender test. Values and contingent obligations may change the conclusion. | C006 |
| 3 | The principal asset is mortgaged and most sale proceeds would satisfy security and sale costs. | Separate gross value, secured debt, sale costs and free-residue surplus. | A high property value can coexist with no cost-bearing free residue. Actual bond, costs and valuation required. | C007,C009,C038 |
| 4 | An applicant’s valuation assumes a high sale price without supporting evidence. | Statement, affidavit and any required appraiser valuation must support realisability. | Master may require valuation; court need not accept optimistic figures. No fixed valuation fee or universal appraisal format is assumed. | C010,C019 |
| 5 | Estimated creditor dividend is 1%. | Court must still find advantage and exercise discretion. | Positive arithmetic is not legal acceptance; costs or claim changes can eliminate it. | C008,C011–C012,C056 |
| 6 | One spouse seeks to surrender a joint estate in community of property. | Both spouses must apply under Matrimonial Property Act §17(4)(a). | A separate-estate marriage engages different ownership and potential §21 issues. Actual marital regime required. | C004,C037 |
| 7 | Debtor has irregular commission income but few current assets. | Existing realisable property, cost coverage and creditor advantage must be proved; later surplus earnings may be relevant under §23(5). | A favourable future-income forecast does not automatically replace the initial cost-assets test. Household necessities and Master’s assessment remain material. | C007,C012,C039–C041 |
| 8 | Gazette notice is published, but the newspaper or statement inspection is defective. | Court must assess §4 compliance; §157 is not blanket condonation. | Whether defect is formal and remediable is judicial; current controlling notice cases and local rules remain held. | C013–C025 |
| 9 | A creditor opposes on valuation, omitted assets or costs. | Court can examine the petitioner and evidence; §6 predicates still apply. | Creditor objection is not automatically a veto, but no opposition is not proof of advantage. Actual opposition procedure required. | C022–C024 |
| 10 | Debtor has employees and a tax account. | Within seven days from Gazette publication, satisfy creditor/union/employee/SARS notice branches. | A personal declaration of “no employees” must be factually correct; constitutional employee-scope details were not fully verified. | C015–C018,C054 |
| 11 | After publication, debtor changes their mind. | §7 written Master consent plus Gazette and same-newspaper withdrawal publication. | Private withdrawal is insufficient; lapse and act-of-insolvency consequences may arise. | C028–C030 |
| 12 | Court accepts surrender; debtor assumes all debts disappear and they can keep directing asset sales. | Estate vests in Master then trustee; administration and later rehabilitation are separate. | No immediate discharge or freedom to dispose of vested assets follows. | C032–C048 |
| 13 | Executor considers surrender of a deceased insolvent estate. | §3 permits the entrusted estate administrator to apply. | Separate Administration of Estates Act alternatives, authority and procedures were not read completely. | C003,C051 |
| 14 | Notice is published while an attached asset is scheduled for sale; debtor assumes every legal action has stopped. | §5 gives a limited attached-property sale restriction with exceptions; order effects under §20 are separate. | No universal pre-order collection stay, interest freeze or debt cancellation is established. | C026–C027,C035,C045 |
Prior component · Original reviewed position · P17 addition · 8 data rows
| Prior component | Original reviewed position | P17 addition | Disposition |
|---|---|---|---|
| P05 D09: Statutory insolvency, sequestration, administration orders, business rescue | excluded_with_reason — Separate statutory-solution fee/actor study. | Natural-person voluntary-surrender gateway, national notice procedure, cost/advantage tests and limited order consequences researched. | Partial substantive completion for voluntary surrender only. |
| Administration orders | Separate P16 report, unreviewed | No P16 conclusion used. | Held separately |
| Compulsory creditor sequestration | Deferred | Only necessary boundary and adverse act-of-insolvency risk noted. | Deferred |
| Voluntary surrender of deceased estate | Not previously completed | §3 standing identified; alternative estate law not completed. | Partial boundary only |
| Business rescue | Deferred | Not researched. | Deferred |
| Company liquidation | Deferred | Not researched. | Deferred |
| Full rehabilitation/discharge | Deferred | §§127A/129 boundary read only. | Deferred |
| P06/P10/P13/P15 and broader country | Unreviewed or scoped with holds | Not used as accepted premises. | Holds unchanged |
Source ID · Issuer, title and complete literal HTTPS URL · Material body actually read / locator · 22 data rows
| Source ID | Issuer, title and complete literal HTTPS URL | Material body actually read / locator | Status and limits |
|---|---|---|---|
| C_ZA-P17-S001 | Department of Justice, Insolvency Act 24 of 1936, amended 96-page compilation. https://www.justice.gov.za/legislation/acts/1936-024.pdf | Header/amendments P0; definitions P1–2; §§3–8 P3–5; §18 P10; §§20–23 P12–16; §§25–31 P17–18; §§39,44 P24,26; §47 P28; appointment portions P31; removal P34; §79 P42; §§127A/129 P65; §151 P73; §157 P75; Form A/Form B start P76. Internal printed page = zero index +1 on inspected pages. | Fresh official parsed body and listed page images read. Later section opens and some pages failed. Compilation lists amendments through 2005, not all later amendments. §149, part of §56 and continuation of §129 not fully read. |
| S002 | South African Government, Insolvency Act 24 of 1936 legislative record. https://www.gov.za/documents/insolvency-act-24-jun-1936-0000 | HTML commencement and amendment list. | Fresh metadata. Commencement 1 July 1936; lists later amendments through Act23/2021. Not operative section text. |
| S003 | Parliament/Presidency, Insolvency Second Amendment Act 69 of 2002, GG24285, GoN121. https://www.gov.za/sites/default/files/gcis_document/201409/a69-020.pdf | §1 replacing §4(2), zero P1/GG p2; §10 commencement, zero P4/GG p8. | Fresh enacted body; P1 image inspected. Commencement 1 January 2003. Gazette publication 22 January 2003 is not substituted for commencement. |
| S004 | Department of Justice, Matrimonial Property Act 88 of 1984, amended compilation. https://www.justice.gov.za/legislation/acts/1984-088.pdf | §17(4)(a), zero P4; printed label unverified. | Fresh body and page image read. Both spouses required for joint-estate surrender. No full matrimonial-property review. |
| S005 | Parliament/Presidency, Financial Sector Laws Amendment Act 23 of 2021, GG45825, notice789. https://www.gov.za/sites/default/files/gcis_document/202203/45825gen789.pdf | Clauses 1–3, zero P3/GG p4 and adjacent text: §22A and amendments touching §§35A/83. | Fresh enacted body and P3 image read. Later financial-sector overlay; not a rewrite of §§3–7. Different commencement provisions must be separated. |
| S006 | Minister of Finance, Commencement of Certain Provisions of Financial Sector Laws Amendment Act, 2021, GN3202, GG48294, 24 March 2023. https://www.gov.za/sites/default/files/gcis_document/202303/48294gon3202.pdf | Operative notice, zero P0/GG p80. | Fresh body/image read. Section 1 of Act23/2021 commenced 1 June 2023. The notice does not list sections 2–3 among that group; their full commencement chain remains held. |
| S007 | Supreme Court of Appeal, Justice V. Ponnan, Insolvency Law, SAJEI educational paper. https://www.supremecourtofappeal.org.za/index.php/speeches-and-conferences/category/14-conference-papers?download=107%3Ainsolvency-law | Jurisdiction summary zero P2/internal p3; voluntary-surrender discussion P24–P31/internal pp25–32; P24 image inspected. | Fresh judicial educational commentary, not a judgment. Used to locate unresolved authorities, not as a binding national tariff/dividend test. |
| S008 | SARS, Personal Income Tax: Insolvency. https://www.sars.gov.za/types-of-tax/personal-income-tax/pit-insolvency/ | HTML description of actual insolvency, sequestration and deceased-estate distinctions. | Fresh official guidance. Tax treatment and full deceased-estate procedure not researched. |
| S009 | Justice, Uniform Rules of Court, official hosted compilation. https://www.justice.gov.za/legislation/rules/Uniform-Rules-of-Court-GG999-GNR48-19650112-SAFLII.pdf | No substantive body obtained. | Failed current procedural candidate. Timeout. No rule 6 or Master-report deadline is asserted from it. |
| S010 | Chief Master, Directive 1 of 2025, online advertisement/publication material. https://www.justice.gov.za/master/m_docs/2025-01_CHM-directive.pdf | No substantive body obtained. | Failed candidate. Search metadata cannot prove replacement of §4 Gazette/newspaper publication. |
| S011 | Chief Master, Directives index. https://www.justice.gov.za/master/directives.html | No substantive body obtained. | Failed official alternate/index. No complete directive-currentness claim. |
| S012 | Department of Justice, Administration of Estates Act 66 of 1965. https://www.justice.gov.za/legislation/acts/1965-066%20admin%20estates.pdf | No substantive body obtained. | Failed deceased-estate boundary candidate. No §34 procedure adopted. |
| S013 | Department of Justice, Interpretation Act 33 of 1957. https://www.justice.gov.za/legislation/acts/1957-033.pdf | No substantive body obtained. | Failed time-computation source. No general holiday or endpoint rule inferred. |
| S014 | South African Government, Interpretation Act legislative record. https://www.gov.za/documents/interpretation-act-24-may-1957-0000 | HTML record opened; linked statutory file failed. | Metadata only. Does not resolve exact surrender notice computation. |
| S015 | Government Gazette, original Insolvency Act 24 of 1936. https://www.gov.za/sites/default/files/gcis_document/201505/act24of1936s.pdf | No body obtained; file exceeded retrieval size limit. | Failed official original-law alternate. No original-page claim. |
| S016 | Constitutional Court, catalogue for Stratford and Others v Investec Bank Limited and Others [2014] ZACC38. https://collections.concourt.org.za/items/5028100e-ca2d-47df-b0e7-430c1c20db3d | Catalogue citation/status information only. | Fresh official metadata. Final judgment body not obtained; no ratio, majority holding or current citator conclusion adopted. |
| S017 | Constitutional Court, historical link to official final judgment in [2014] ZACC38. https://collections.concourt.org.za/bitstream/handle/20.500.12144/3759/Full%20judgment%20Official%20version%20%28268%20Kb%29-22515.pdf?sequence=14&isAllowed=y | No body obtained; 404 response. | Failed final-opinion candidate. Employee-notice/constitutional qualification remains unresolved. |
| S018 | Constitutional Court, pre-hearing media summary associated with the same litigation. https://collections.concourt.org.za/bitstreams/7c2897cc-304c-4c51-95ea-b1a38519f463/download | Two-page pre-hearing summary. | Fresh document identified, excluded as final merits authority. Not relied on for legal holding. |
| S019 | SAFLII, Insolvency Act consolidation. https://www.saflii.org/za/legis/consol_act/ia1936149/ | No body obtained; access denied. | Failed public alternate. No statutory claim rests on it. |
| S020 | LawLibrary, Insolvency Act 24 of 1936. https://lawlibrary.org.za/akn/za/act/1936/24 | No body obtained; access denied. | Failed public alternate. No body or currentness claim. |
| S021 | South African Government, Financial Matters Amendment Act 18 of 2019 legislative page. https://www.gov.za/documents/acts/financial-matters-amendment-act-18-2019-english-afrikaans-23-may-2019 | Amendment identity surfaced; substantive body not obtained. | Unresolved later-amendment candidate. Detailed secured-asset effects remain held. |
| S022 | Department of Justice, Master: Insolvency. https://www.justice.gov.za/master/insolvency.html | No substantive body obtained. | Failed guidance candidate. No service procedure or absence finding inferred. |
Claim ID · Exact proposition, actor, trigger and effect · Primary pinpoint · 61 data rows
| Claim ID | Exact proposition, actor, trigger and effect | Primary pinpoint | Limit |
|---|---|---|---|
| C_ZA-P17-C001 | Act24/1936 commenced 1 July 1936; the Justice compilation is not a complete 2026 consolidation. | S001 header; S002 metadata | Later amendments separately qualified |
| C002 | “Debtor” includes the relevant person/estate but excludes bodies capable of company-law liquidation. | S001 §2, zero P1 | Partnerships/company regimes deferred |
| C003 | Debtor/agent or entrusted administrator of deceased/incapable debtor estate may petition voluntary surrender. | S001 §3(1), P3 | Authority and estate status required |
| C004 | Both spouses must apply to surrender a community-of-property joint estate. | S004 §17(4)(a), P4 | Marital regime unknown |
| C005 | Superior-court jurisdiction applies; exact current §149 nexus/proviso was not fully read. | S001 §2; S007 P2 | Educational jurisdiction summary is not complete primary verification |
| C006 | Court must be satisfied the estate is actually insolvent. | S001 §6(1), P5 | Cash-flow difficulty alone insufficient |
| C007 | Realisable property must cover all sequestration costs payable from free residue. | §6(1), P5 | Actual costs/values required |
| C008 | Court must find advantage to creditors and retains discretion to refuse. | §6(1), P5 | Positive dividend is not the finding |
| C009 | Free residue excludes value subject to specified security preferences. | §2, P2 | Actual security/priority facts required |
| C010 | Master may require sworn-appraiser/designated valuation. | §4(4), P4 | Not every self-estimate accepted |
| C011 | No fixed national minimum dividend percentage was established. | §6(1); source review | Not proof no relevant local judicial approach exists |
| C012 | Financial model is evidence only and must avoid double-counting costs/security. | §6 and stated model assumptions | No appraisal or court approval |
| C013 | Notice substantially Form A goes in Gazette and relevant circulating newspaper. | §4(1), P3; Form A P76 | Current directive overlay held |
| C014 | Publication window is no more than 30 and no less than 14 days before advertised application. | §4(1), P3 | Exact endpoint/holiday computation held |
| C015 | Within seven days from Gazette publication, deliver/post copy to known/ascertainable creditors. | S003 §1, P1 | Address and delivery evidence required |
| C016 | Same seven-day period applies to posting to known registered employee unions. | S003 §1, P1 | Actual employee/union facts |
| C017 | Employee notice follows accessible-board, gate or door statutory sequence. | S003 §1, P1 | Constitutional/category qualification not fully verified |
| C018 | Copy must be posted to SARS within the same seven-day period. | S003 §1, P1 | Not tax clearance/discharge |
| C019 | Duplicate Form B statement with affidavit lodged with Master. | S001 §4(3), P4 | Current local filing/electronic form held |
| C020 | Additional magistrate-copy rule has geographic predicates and historic exceptions. | §4(5), P4 | Modern local application unverified |
| C021 | Statement available for 14-day creditor inspection from notice’s stated date. | §4(6), P4 | Office hours/start date evidence |
| C022 | Court may examine petitioner or another person regarding petition. | §3(3), P3 | Hearing procedure separate |
| C023 | Current Uniform Rule/Master-report mechanics were not obtained. | S009 failure | No report deadline invented |
| C024 | Creditor opposition can test the statutory case; consent/no opposition does not replace §6 satisfaction. | §§3–6 | Exact opposition rules held |
| C025 | §157 protects against formal defects only within substantial-injustice/remedy qualification. | §157(1), P75 | Not automatic condonation of every failure |
| C026 | Publication restricts specified attached-property sales, with statutory exceptions. | §5(1), P4 | Not universal collection stay; sale-authority threshold not certified |
| C027 | Master may appoint curator bonis before surrender outcome. | §5(2), P4 | Directions/security facts required |
| C028 | Withdrawal requires Master’s written consent and publication of withdrawal/consent. | §7, P5 | Good faith/good cause predicates |
| C029 | Refusal, proper withdrawal or failure to apply within statutory post-advertised period causes lapse; curator costs may remain. | §6(2), P5 | No automatic refund |
| C030 | Published-notice failures can constitute an act of insolvency; 14-day lapse rule is not general grace to ignore hearing. | §8(f), P5 | Compulsory route not researched |
| C031 | Current professional, publication, appraisal and trustee tariffs/adverse-cost outcome were not verified. | Source limitation | No fee quote or cost immunity |
| C032 | Sequestration divests estate to Master and then trustee. | §20(1)(a), P12 | Statutory capacity, not personal beneficial ownership |
| C033 | Master may appoint provisional trustee after order subject to security/directions. | §18, P10 | Actual appointment absent |
| C034 | Trustee appointment is not supplied by NCR/PDA/collector/ordinary attorney status. | §§18,20,56 | Other permissions remain separate |
| C035 | Order stays specified civil proceedings until appointment and stays execution subject to court/statutory exceptions. | §20(1), P12–13 | Not permanent end of all proceedings |
| C036 | Estate can include post-order acquisitions subject to §23. | §20(2), P13 | Full exemptions deferred |
| C037 | Solvent-spouse property can vest temporarily, subject to statutory release. | §21, P13–15 | Ownership/marital facts essential |
| C038 | Security rights are not automatically extinguished; §47 preserves specified rights on compliant delivery/proof. | §47, P28 | Full security/§83 law held |
| C039 | Insolvent may work subject to statutory limits; earnings surplus beyond support needs can be recovered under Master’s assessment. | §23, P15–16 | No fixed income retention amount |
| C040 | Certain pensions, compensation and other benefits receive qualified treatment. | §23(7)–(9), P16 | Not exhaustive exemptions list |
| C041 | Trustee may, with Master consent, make pre-second-meeting support allowance. | §79, P42 | Discretionary, no fixed amount |
| C042 | Creditors must prove claims through statutory process; statement listing is not automatic admission. | §44, P26 | Full meetings/voting process held |
| C043 | Complete current permanent-trustee appointment/security chain not fully read. | §56 partial P31; P32 failed | No certificate/account/signatory finding |
| C044 | Prior dispositions/preferences/collusion may be challenged under distinct statutory predicates. | §§26,29–31, P17–18 | No automatic avoidance or asset-sheltering advice |
| C045 | Surrender/sequestration does not itself immediately discharge debts. | §§20,127A,129 | Rehabilitation separate |
| C046 | §127A has a ten-year deemed-rehabilitation rule subject to a contrary court order on timely application. | §127A, P65 | Full earlier rehabilitation routes held |
| C047 | Rehabilitation generally discharges specified pre-sequestration debts except fraud debts, subject to statutory conditions. | §129(1), P65 | Not exhaustive exception analysis |
| C048 | Rehabilitation does not necessarily free already vested undistributed property or sureties. | §129(3), P65 | Continuation not completely read |
| C049 | Aggrieved person has a statutory court-review gateway for Master decisions. | §151, P73 | Full current procedural rules/appeal held |
| C050 | Later financial-sector amendments affect special institutions/security; §22A amendment commenced 1 June 2023. | S005 cl1; S006 P0/GG80 | Other later provisions’ commencement/effects held |
| C051 | Deceased-estate §3 standing does not complete the Administration of Estates Act alternative. | §3(1); S012 failure | Full deceased-estate route deferred |
| C052 | Unread 2025 Master directive cannot establish replacement of §4 publication duties. | S010–S011 failures | No online-only substitution assumed |
| C053 | Notice periods are stated symbolically because complete day/holiday computation was not verified. | §§4,6; S013–S014 | No actual deadline |
| C054 | No final constitutional/controlling judgment was successfully opened for the employee-notice issue. | S016–S018 | No ratio or full citator claimed |
| C055 | SCA educational paper is not a controlling judgment or national dividend/cost tariff. | S007 | Cases quoted there not adopted as freshly read judgments |
| C056 | Numerical examples are hypothetical arithmetic, not court findings or accepted fees. | §6 plus stipulated inputs | Values/costs/claims unknown |
| C057 | P05 D09 becomes partially researched for voluntary surrender only. | C001–C056 | Other statutory solutions held |
| C058 | Full liquidation, rescue, compulsory sequestration and rehabilitation remain deferred. | Scope boundary | No substitute report |
| C059 | All nine provincial/divisional/local branches remain unexamined. | Scope boundary | National Act not local clearance |
| C060 | No actual applicant, estate, trustee, creditor, property, account or docket was investigated. | Research-method fact | Generic public sources only |
| C061 | A066/A097/A098, parent, country and publication acceptance remain held. | Scope/provenance | Separate review required |
Row · Subquestion · Status · 20 data rows
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G1-01 | Act identity/commencement | answered historically | C001 | Later amendment chain separately qualified |
| G1-02 | Complete current consolidation | partial-currentness | C001,C050 | Read all later material amendments/commencements |
| G1-03 | Debtor/estate definition | answered | C002 | Actual entity/estate facts |
| G1-04 | Natural-person applicant | answered | C003 | Actual authority/status |
| G1-05 | Agent applicant | partial | C003 | Mandate and procedural proof |
| G1-06 | Incapable debtor estate | partial | C003 | Entrusted-administrator authority |
| G1-07 | Deceased estate | partial boundary | C003,C051 | Administration of Estates Act route |
| G1-08 | Joint community estate | answered conditionally | C004 | Both spouses/marital regime |
| G1-09 | High Court versus Magistrates’ Court | answered at institutional level | C005 | Actual division |
| G1-10 | Domicile/residence/business/property nexus | partial | C005 | Read current §149 and provisos |
| G1-11 | Local venue/transfer | unresolved | C005,C059 | Division rules/current jurisdiction text |
| G1-12 | Actual insolvency | answered at statutory level | C006 | Full liabilities/values |
| G1-13 | Cash-flow distress alone | answered negatively | C006 | Actual estate balance |
| G1-14 | Cost-bearing property | answered | C007 | Realisation and cost evidence |
| G1-15 | Free residue | answered | C009 | Actual security/priorities |
| G1-16 | Advantage to creditors | answered at statutory level | C008 | Evidential assessment by court |
| G1-17 | Minimum dividend | no fixed rule established | C011,C055 | Any applicable controlling/local decision |
| G1-18 | Court discretion | answered | C008 | Actual application |
| G1-19 | Valuation requirement | answered conditionally | C010 | Appraiser/report/assumptions |
| G1-20 | Current cost/tariff amounts | unresolved | C031 | Current tariff and actual allowed costs |
Row · Subquestion · Status · 18 data rows
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G2-01 | Form A notice | answered | C013 | Current local submission format |
| G2-02 | Gazette and newspaper | answered | C013 | Publication proof/circulation |
| G2-03 | 14–30-day window | answered textually | C014 | Exact calendar computation |
| G2-04 | Creditor notice | answered | C015 | Address and delivery records |
| G2-05 | Union notice | answered conditionally | C016 | Employee/union facts |
| G2-06 | Employee display notice | answered textually | C017 | Constitutional/local qualification |
| G2-07 | SARS notice | answered | C018 | Posting proof |
| G2-08 | Form B statement/affidavit | answered | C019 | Current form and true financial facts |
| G2-09 | Additional magistrate copy | partial | C020 | Modern local exceptions/practice |
| G2-10 | Fourteen-day inspection | answered textually | C021 | Notice start/office proof |
| G2-11 | Master report | unresolved | C023 | Current Uniform Rule and practice |
| G2-12 | Court examination | answered | C022 | Hearing evidence |
| G2-13 | Creditor opposition | partial | C024 | Current filing/opposition rules |
| G2-14 | Notice defect/condonation | partial | C025,C054 | Final controlling judgments/local rules |
| G2-15 | Pre-order sale restriction | answered narrowly | C026 | Exceptions and current authority limits |
| G2-16 | Curator bonis | answered conditionally | C027 | Appointment/directions |
| G2-17 | Withdrawal | answered | C028 | Written consent/publication |
| G2-18 | Lapse/adverse acts/costs | answered at gateway level | C029–C031 | Actual chronology/order/costs |
Row · Subquestion · Status · 20 data rows
| Row | Subquestion | Status | Finding/claims | Missing evidence / next action |
|---|---|---|---|---|
| G3-01 | Divestment/vesting | answered | C032 | Actual order/assets |
| G3-02 | Provisional trustee | answered conditionally | C033 | Appointment/security |
| G3-03 | Permanent trustee | partial | C043 | Complete §56/current conditions |
| G3-04 | Separate professional permissions | boundary answered | C034 | Actual regulated activities |
| G3-05 | Civil-proceedings stay | answered narrowly | C035 | Exceptions/procedural posture |
| G3-06 | Execution stay | answered narrowly | C035 | Order notice/court directions |
| G3-07 | After-acquired property | partial | C036,C040 | Full exemptions/current law |
| G3-08 | Solvent-spouse property | partial | C037 | Ownership/release evidence |
| G3-09 | Secured rights | partial boundary | C038,C050 | Current §83/security law |
| G3-10 | Work/business restrictions | partial | C039 | Occupation/consent facts |
| G3-11 | Earnings/necessities/dependants | answered conditionally | C039 | Master’s assessment |
| G3-12 | Support allowance | answered conditionally | C041 | Master consent/estate resources |
| G3-13 | Creditors’ proof/participation | partial | C042 | Current meeting/claim procedures |
| G3-14 | Money/account/signatory controls | deferred technical detail | C034,C043 | Current trustee banking rules |
| G3-15 | Avoidance gateway | partial boundary | C044 | Actual disposition and full statutory elements |
| G3-16 | Immediate discharge | answered negatively | C045 | Rehabilitation separate |
| G3-17 | Ten-year deemed rehabilitation | answered at text boundary | C046 | Exceptions and actual court history |
| G3-18 | Rehabilitation debt effect | partial | C047–C048 | Full §129 and other routes/exceptions |
| G3-19 | Master decision review | partial | C049 | Current procedure/standing |
| G3-20 | Modern financial-sector overlay | partial | C050 | Later commencement/security provisions |
Row · Workflow · Status · 14 data rows
| Row | Workflow | Status | Claims | Missing facts |
|---|---|---|---|---|
| G4-01 | Insolvent/no free-residue assets | adverse branch established | C006–C012 | Realisable assets/costs |
| G4-02 | Solvent cash-flow distress | adverse branch established | C006 | Actual balance sheet |
| G4-03 | Encumbered property | conditional model | C007,C009,C038 | Security/realisation values |
| G4-04 | Valuation challenge | conditional | C010,C019 | Appraisal evidence |
| G4-05 | Minimal dividend | no automatic acceptance | C008,C011,C056 | Court advantage finding |
| G4-06 | Joint estate | conditional | C004,C037 | Marital regime/applicants |
| G4-07 | Irregular income | partial | C007,C039–C041 | Reliable earnings/support evidence |
| G4-08 | Notice failure | partial | C013–C025 | Defect/remedy/case authority |
| G4-09 | Creditor opposition | partial | C022–C024 | Current rules and evidence |
| G4-10 | Employee/tax notice | conditional | C015–C018 | Actual persons/address/posting |
| G4-11 | Attempted withdrawal | conditional | C028–C030 | Master consent/publication |
| G4-12 | Asset control/discharge assumption | boundary answered | C032–C048 | Actual order/rehabilitation |
| G4-13 | Deceased estate | partial boundary | C003,C051 | Executor/alternative process |
| G4-14 | Universal-stay assumption | rejected | C026,C035 | Specific execution/order facts |
Row · Matter · Status · 6 data rows
| Row | Matter | Status | Finding/claims | Exact next action |
|---|---|---|---|---|
| G5-01 | P05 D09 surrender part | partial substantive completion | C057 | Resolve listed procedural/currentness gaps |
| G5-02 | Other insolvency solutions | deferred | C058 | Separate focused passes |
| G5-03 | Current rules/directives | unresolved | C023,C052–C054 | Open operative current official bodies |
| G5-04 | Unreviewed previous reports | not adopted | C061 | Separate coordinator review |
| G5-05 | No actual records/actions | confirmed | C060 | None |
| G5-06 | Acceptance/provinces/foreign | held | C059,C061 | Separate jurisdictional and review work |
Row · Deferred family · Exact retained question · 22 data rows
| Row | Deferred family | Exact retained question |
|---|---|---|
| D01 | Compulsory creditor sequestration | What applicant standing, provisional/final tests and procedures apply? |
| D02 | Magistrates’ Court administration orders | P16 remains unreviewed; no premise adopted. |
| D03 | Company liquidation | Separate company/insolvency regime. |
| D04 | Business rescue | Separate practitioner, rescue-plan and court process. |
| D05 | Full deceased-estate insolvency | Executor authority and Administration of Estates Act procedure. |
| D06 | Full trustee appointment/security policy | Current appointment policy, certificate, security and challenge mechanisms. |
| D07 | Estate banking/client-money technicalities | Account title, ownership, signatories, investment, interest and reconciliation. |
| D08 | Full secured-asset realisation | Current §§83 and related priorities, costs, deficiencies and release. |
| D09 | Full avoidance law | Disposition type, timing, defences, standing and recovery. |
| D10 | All exemptions and protected income | Complete current property, benefit, pension and support regime. |
| D11 | Full rehabilitation | Earlier applications, statutory periods, notice, opposition, conditions and exclusions. |
| D12 | Private contracts and advisers’ fees | Actual mandate, services, invoices, cost agreements and consumer remedies. |
| D13 | NCA debt review and credit classification | Separate statutory pathway; P13 unreviewed. |
| D14 | PDA/payment-distribution permissions | P06 unreviewed and not applicable by analogy. |
| D15 | NCR/NCT enforcement | P10 unreviewed; no enforcement premise. |
| D16 | Credit reporting and clearance | P15 unreviewed; no automatic reporting outcome. |
| D17 | Prescription | No interruption, revival or limitation result decided here. |
| D18 | Tax and SARS claims | Notice is established; tax priority, return and discharge consequences are not. |
| D19 | Maintenance, public and special claims | Classification and priority require separate sources. |
| D20 | Foreign law/cross-border assets/recognition | Jurisdiction and recognition outside the national gateway remain held. |
| D21 | Customary/tribal/local arrangements | No customary-law or local community-property analysis. |
| D22 | Whole parent/country/A066/A097/A098/publication approval | No acceptance or operational publication clearance follows. |
Province · Status · Exact remaining question · 9 data rows
| Province | Status | Exact remaining question |
|---|---|---|
| Eastern Cape | Unexamined locally | Which High Court division/seat, practice directive, filing package, calendar and Master’s office apply? |
| Free State | Unexamined locally | Same division, local forms, valuation practice and hearing inquiry. |
| Gauteng | Unexamined locally | Which division/seat and current insolvency practice requirements govern? No local dividend standard is assumed. |
| KwaZulu-Natal | Unexamined locally | Current division procedure and final local notice/valuation authorities require primary reading. |
| Limpopo | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Mpumalanga | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Northern Cape | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| North West | Unexamined locally | Division, Master, filing and calendar requirements not checked. |
| Western Cape | Unexamined locally | Historical §4(5) district wording must be reconciled with current court/Master arrangements. |
Candidate · Supported educational function · Required limit · 7 data rows
| Candidate | Supported educational function | Required limit |
|---|---|---|
| Voluntary-surrender gateway checklist | Separate actual insolvency, cost-bearing assets, creditor advantage and procedure. | Not an eligibility or court-acceptance certificate. |
| Free-residue worksheet | Separate gross value, security, realisation costs, free residue and concurrent claims. | Inputs must be independently supported; no fixed dividend promise. |
| Notice-event map | Distinguish Gazette/newspaper, creditor, union, employee, SARS and inspection triggers. | No live deadlines until current computation rules and local calendar are verified. |
| Statement-of-affairs evidence checklist | Assets, liabilities, valuations, security, claims and supporting affidavits. | Not a replacement for the prescribed form or current court bundle. |
| Publication-versus-order explainer | Show limited §5 effects versus broader §20 vesting/stays. | No universal pre-order collection freeze. |
| Surrender-versus-discharge article | Explain that rehabilitation is separate and qualified. | Full rehabilitation procedure requires another pass. |
| Joint-estate decision gate | Require marital-regime and both-spouse analysis. | No assumption that every spouse’s asset belongs to the same estate. |
Deliverable · Actual displayed count · 17 data rows
| Deliverable | Actual displayed count |
|---|---|
| P17 source-register rows | 22 |
| P17 atomic claims | 61 |
| G1 core coverage | 20 |
| G2 core coverage | 18 |
| G3 core coverage | 20 |
| G4 workflow coverage | 14 |
| G5 scope/reconciliation coverage | 6 |
| Total core coverage | 78 |
| Deferred-family rows | 22 |
| Provincial/local rows | 9 |
| Total coverage/hold rows | 109 |
| Fictional workflows | 14 |
| Financial calculation models | 3 |
| Symbolic timetable model | 1 |
| Reviewed-gap crosswalk rows | 8 |
| Opportunity rows | 7 |
| Actual eligibility, order, dividend or discharge findings | 0 |
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
These components repair their stated scope. They do not replace every other finding in this research series.
CZA four bounded consistency repairs →Recorded check status: not yet checked
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Keep the source version, actual read extent and jurisdiction with the proposition. A link or researcher access claim is not a substitute for an operative primary passage.
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The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.
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Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
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Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
No currently queued material correction is mapped to this component. This does not remove its currentness, access, jurisdiction or application limits.
whole answer math counts and selected primary checked;coreActbody not freshly confirmed;material currentness procedure authority holds retained
Inside: 1. Principal findings · 1.1 South Africa has distinct legal categories that must not be combined · 1.3 Publication holds already established
Inside: Focused finding: 2019 debt-intervention commencement and implementation · Verification window and result · G1 — Enactment, commencement and transitional status
Inside: Narrow correction: §87A suspension duration · 1. Finding and exact replacement sentence · 2. Narrow statutory reading
Inside: C_ZA PASS-05 — continuation from the preserved P04 stopping point · 7. Controlling authority: the crucial distinction is statutory prescription versus NCR guidance · 8. Recovered 2018 fee cells and exact stage conditions
Inside: Ordinary NCA debt-review payment-distribution agents: client money, trust accounts and reconciliation · G1. Registration and who may control the money · G2. What the enacted client-money requirements say
Inside: Ordinary NCA debt-counsellor fees: currentness, incorporation and final-adoption chain · G1.1 What Circular 01 adds to the P05 finding · G1.2 What Circular 01 does not establish
Inside: General consumer-service contract, disclosure, cancellation and refund gateway · G1.1 The hypothetical service may be a CPA “service” · G1.3 Natural consumers, juristic consumers and business purpose
Inside: Repair 1 — aftercare source linkage · Replacement for C_ZA-P07-C021 · Repair 2 — exact 2025/26 annual-report gap reference
Inside: Generic NCR consumer complaint, investigation and public-enforcement/NCT gateway for ordinary debt-counselling conduct · Focused disposition · G1.1 Who may complain
Inside: Three bounded qualification and traceability repairs to reviewed P08 · Focused disposition · R1 — CPA §14(1): both parties must be juristic persons
Inside: Ordinary unsecured private consumer-debt prescription gateway · Principal disposition · G1.1 Current statutory architecture and currentness
Inside: NCA agreement, applicability and debt-type classification gateway · Principal disposition · G1.1 Source edition, amendment and commencement
Inside: Three bounded repairs to P12, plus count and link consistency · Focused disposition · Replacement for P12 G2.2 — acknowledgment during negotiations
Inside: National credit-reporting, debt-review clearance and correction gateway · Principal disposition · G1.1 Source chain and currentness
Inside: Narrow Magistrates’ Court administration-order gateway · Principal disposition · G1.1 Current statute and source limitations
Inside: Creditor-initiated sequestration of a natural person: application, provisional order and final-order gateway · Principal findings · Primary anchors
Inside: Voluntary surrender: High Court jurisdiction, Master-report procedure and publication directions · Focused disposition · Primary amendment
Inside: Section 9 qualifying-claim thresholds and monetary continuity · 1.1 Single-creditor R100: fresh primary judicial confirmation · 1.2 Statutory conversion rule found—not merely historical commentary
Inside: Insolvency Act §149: primary jurisdiction text, amendment chain and foreign-designation boundary · Fresh primary judicial text · 1.1 The alternatives and their different dates
Inside: 1. Replacement for P21 §II.2.2’s §2(3) paragraph · 2. Replacement atomic claim · 4. Effect on workflow and model references
Original saved Markdown SHA-256: faee3e7229728340f97a452e05697a2f05384101feea64a80da16220b1de705c. Public formatting, private-reference removal and correction annotations are separate from that immutable original.