SettleADebt C_ZA PASS-19 — South Africa
Voluntary surrender: High Court jurisdiction, Master-report procedure and publication directions
Scope: Only the reviewed P17 procedural-source gaps. No voluntary-surrender financial test, creditor-advantage assessment, asset administration, rehabilitation, involuntary sequestration or administration-order finding is rerun.
Fresh P19 access date: 27 October 2026, UTC and America/Los_Angeles. Individual source-opening times were not logged and are unknown.
Provenance: The P17 review completed at the supplied coordinator timestamp is not treated as a source-opening time or independent review. P18, P16 and other unreviewed reports are not premises. P17’s original failures remain historical failures even where P19 successfully obtained a source.
Focused disposition
The Rule 6(9) source gap is materially narrowed, but a universal Master-report rule for every voluntary-surrender application is not established. The final 2024 amendment requires pre-filing submission to the Master for applications concerning an estate of a deceased person, an alleged prodigal, or a person under legal disability. It also addresses proposed property curators and contains an express Rule 57 qualification. The mere appearance of the word “estate” does not make every capable living debtor’s surrender application fall within that list. The separate authority, practice direction or order requiring a report in that ordinary surrender case remains to be identified. C_ZA-P19-C009–C014. South African Government
The publication-directive gap is substantially narrowed. The signed Chief Master’s Directive 1 of 2025 was read from its primary-document scan on SAICA’s public host after the Justice endpoint failed. It conditionally accepts online estate advertisements where printed publication is not feasible, with geographical, applicable-language and free-access requirements. It is not proof of an electronic-only system or permission to replace the statutory Gazette/newspaper channels with any private website. Its linked Directive 1 of 2020 was also read. C027–C029. Saica Web PR Storage+2
The complete current §149 jurisdiction gap remains partial. A current-text reproduction was obtained, and the enacted 2001 amendment to its proviso was freshly read. That amendment expressly addresses refusal or postponement in favour of another appropriate domestic or specified foreign forum. But the complete current official §149 body and later amendment/commencement chain were not recovered. No particular High Court division, seat or Master’s office is certified. C001–C006, C036. Acts Online+1
1. Court, territorial nexus and the limited role of §151
Primary amendment
https://www.gov.za/sites/default/files/gcis_document/201409/a42-010.pdf
Judicial Matters Amendment Act 42 of 2001, §2, zero-based PDF P2 / printed Gazette page 4; §§47–48, zero P12 / printed page 24. South African Government+1
Current-text read aid—not an official consolidation
https://www.acts.co.za/insolvency-act-1936/149__jurisdiction_of_the_court
1.1 The jurisdictional connections
The §149 reproduction states that jurisdiction exists over a debtor who:
- is domiciled, owns property or is entitled to property within the court’s jurisdiction when the petition is lodged; or
- ordinarily resided or carried on business within that jurisdiction at some time during the 12 months immediately preceding lodgment.
These are different temporal tests. The first concerns the filing-date position; the second permits a specified look-back. Citizenship, a creditor’s address, an adviser’s office or the location of an online publisher is not substituted for those statutory connections. C001–C002. Acts Online
Evidence limit: This is a freshly read secondary reproduction, not a newly obtained official current consolidation. P19 therefore maps the apparent statutory connections but retains the primary-currentness and actual-facts hold.
For the Uniform Rules, “court” is the High Court referred to in the Superior Courts Act. That supports the High Court procedural setting; it does not verify the full current Insolvency Act definition or authorise a particular seat. C008. Justice
1.2 The enacted 2001 proviso
Section 2 of Act 42 of 2001 substituted the proviso to §149(1). It permits the court to refuse or postpone acceptance of surrender or sequestration where it appears equitable or convenient that:
- the estate of a person domiciled in a State not designated under §2 of the Cross-Border Insolvency Act should be sequestrated by a court outside South Africa; or
- the estate of a person over whom the court has jurisdiction should be sequestrated by another court within South Africa.
This is a refusal/postponement discretion. It is not, by its own wording, an automatic transfer mechanism or a power to manufacture jurisdiction where no statutory connection exists. C003, C005. South African Government
The same Act’s §47 repealed §33 of the Cross-Border Insolvency Act 42 of 2000. A source chain that relies only on the 2000 amendment would therefore be incomplete. Section 48’s special retrospective/deferred commencement clauses concern other identified sections; the complete later commencement and amendment history for the jurisdiction provision was not closed in P19. C004. South African Government
No foreign-State designation list was read. The foreign branch is preserved as a qualification, not converted into a cross-border insolvency opinion. C036.
1.3 Section 149(2) and §151 are not interchangeable
The §149 reproduction also states that a court may rescind or vary an order made by it under the Act. Its complete procedural application remains held. C006. Acts Online
Section 151 addresses a different question: review of specified decisions of the Master or a presiding officer. The final SCA judgment in Mayo NO v De Montlehu quotes the provision in paragraph 6:
- it is subject to §57;
- an aggrieved person may apply by motion;
- notice must go to the Master or presiding officer and affected persons;
- notice to the trustee can stand as notice to affected creditors in the stated circumstances; and
- a duly confirmed trustee’s account is not reopened otherwise than under §112.
C007.
Primary judgment:
https://www.supremecourtofappeal.org.za/index.php/component/jdownloads/send/25-judgments-2015/3019-mayo-no-v-de-montlehu-20504-14-2015-zasca-127-23-september-2015?Itemid=0
Paragraph 6, zero PDF P3 / internal printed page 4. Supreme Court of Appeal
That was a corporate-liquidation claim-proof appeal. P19 uses only the published statutory quotation to distinguish the review route. It does not import the case’s liquidation merits into voluntary surrender, establish a review deadline, or turn the Master into the court that grants surrender.
2. Rule 6(9): exact scope, delivery sequence and report limits
Controlling rulemaking body
https://www.gov.za/sites/default/files/gcis_document/202408/51056rg11724gon5124.pdf
Government Notice R.5124, Gazette 51056, 16 August 2024; clause 2(e), zero PDF P2 / printed Gazette page 18. Commencement clause 6, zero P13 / printed page 29: 20 September 2024. South African Government+1
2.1 Covered categories—not every estate
The substituted Rule 6(9) concerns applications connected with the estate of a person who is:
- deceased;
- alleged to be a prodigal; or
- under legal disability, mental or otherwise.
For a covered application, a copy must be submitted to the Master for consideration and report before the application is filed with the registrar. A proposed appointee as curator to property must likewise be submitted to the Master for report. C009–C010. South African Government
The rule expressly excludes applications under Rule 57, except where Rule 57 otherwise provides. Rule 6(10) extends the preceding mechanism to specified appointments of administrators or trustees under deeds/contracts concerning trust funds or testamentary trusts. These linked provisions do not automatically make every insolvency trustee appointment or voluntary surrender subject to the same reporting mechanism. C011. Justice
2.2 Ordinary capable living debtor: what remains open
The hypothetical ordinary surrender applicant has not been shown to be deceased, alleged prodigal or under a qualifying legal disability. P19 therefore does not use Rule 6(9) alone to prove that every such surrender application must follow that subrule.
The converse is equally important: P19 does not conclude that an ordinary surrender needs no Master’s report. An applicable statute, court direction, divisional practice or other current rule may require one. That specific authority remains missing for the general capable-living-debtor branch. C012.
2.3 What the rule actually times
The express sequence is:
Submission to the Master before filing with the registrar, when Rule 6(9) applies.
The subrule does not state:
- that the Master must report within 10, 15, 20 or 30 days;
- a universal report-content checklist;
- that the report must already be completed before registrar filing;
- that silence means approval; or
- that a favourable report binds the court.
Those propositions cannot be created from the words “consideration and report.” C013–C014. Justice
The Master’s report is the Master’s work product. The applicant supplies the required papers and evidence of submission; the registrar files and manages the roll; the court determines procedural directions and relief. The report is not the surrender order.
2.4 Missing or late report
If Rule 6(9) applies and the application was filed before being submitted to the Master, the express sequence has not been followed. Rule 27 gives the court extension/abridgement and condonation powers on good cause for rules-based noncompliance. It does not create automatic forgiveness, and it is not authority to disregard every statutory surrender requirement. C023. Justice
If the copy was submitted in time but no report is available, P19 cannot certify that the matter is ready to proceed or that it must automatically fail. The applicable local direction, any court order, the reason for the missing report and the relevant category must be established.
3. Petition, court application, statement and service are different documents
Official integrated rules body
https://www.justice.gov.za/legislation/rules/Uniform-Rules-of-Court-GG999-GNR48-19650112-SAFLII.pdf
The body read states that it incorporates changes through 4 July 2025. It was successfully opened in P19; P17’s earlier failed access is not rewritten.
3.1 Application papers and actors
Rule 6(1) ordinarily requires a notice of motion supported by an affidavit setting out the facts relied upon. Rule 6(2) directs the notice to the registrar and to persons against whom relief is sought or to whom notice is necessary or proper; otherwise it is addressed to the registrar. C015. Justice
For a non-ex-parte application, Rule 6(5)(a) requires a true copy of the notice and all annexures to be served on the persons to whom notice is due. The presence of the main affidavit without material annexures is therefore not automatically equivalent to the required package. C016. Justice
The applicant, agent, affidavit deponent, attorney, sheriff, registrar and Master have distinct roles. Rule 7 addresses authority to act; it does not convert an agent into an authorised legal practitioner or establish the accuracy of the deponent’s knowledge. C022.
3.2 Ex parte procedure and creditor participation
For an application properly brought ex parte, the amended Rule 6(4)(a) requires:
- notice to the registrar and the supporting affidavit;
- filing and set-down before noon on the second preceding court day; and
- the relief sought, identification of the supporting affidavit and a request to place the matter on the roll, substantially following Form 2.
Urgency requires stated grounds and court-controlled departure. C017. South African Government
Under Rule 6(4)(b), a materially interested person may apply for leave to oppose, supported by an affidavit explaining the interest and grounds. The registrar sets that request with the principal application, and the court may grant, dismiss or adjourn as the circumstances require. This is an opposition gateway, not an assurance that any creditor’s objection must succeed. C018. South African Government
The ordinary non-ex-parte periods in the compilation include a notice-to-oppose date at least ten rule days after service and 15 rule days for an answering affidavit after notice of opposition, with the relevant recess and court-order qualifications. These are not a universal Master-report timetable or a filing-ready surrender calendar. C019.
3.3 Service and “delivery”
Rule 1 defines “deliver” in the rules as serving copies on the parties and filing the original with the registrar. Rule 4 separately regulates service of originating process, including sheriff service and specified exceptions and proof. A statutory creditor copy, an email to the Master and court-process service should not be treated as synonyms. C020–C021. Justice+1
Document/actor comparison
| Document or act |
Purpose |
Actor/recipient |
Status in this pass |
| Statutory surrender notice |
Advertises intended surrender and inspection particulars |
Applicant; Gazette/newspaper and statutory recipients |
P17’s §§3–4 baseline retained as dated reuse; not rerun |
| Statement of affairs and affidavit |
Statutory estate disclosure |
Applicant to Master; additional statutory inspection arrangements |
Separate from the court motion and report |
| Notice of motion |
Requests identified court relief |
Applicant to registrar and required recipients |
Fresh Rule 6 read |
| Supporting affidavit and annexures |
Evidential basis for application |
Deponent/applicant; filed and served as applicable |
Fresh Rules 6(1), 6(5)(a) |
| Rule 6(9) copy submission |
Master consideration/report for listed categories |
Applicant submits to Master before registrar filing |
Fresh 2024 rule; scope is conditional |
| Master’s report |
Independent official report within applicable authority |
Master; court process must provide for its use |
No universal report deadline established |
| Service return or other authorised proof |
Demonstrates service of court process |
Sheriff or permitted serving actor |
Separate from advertisement/publication proof |
| Registrar filing/set-down |
Places papers on file and seeks a hearing slot |
Registrar/applicant |
Subject to rules, local system and directions |
| Court order |
Determines relief or procedural directions |
High Court |
Not replaced by publication or Master silence |
C015–C024.
3.4 Changed dates, disputed facts and directions
Rule 6(5)(g) permits directions for oral evidence or trial where an application cannot properly be decided on affidavit. Rule 6(6) permits renewal on supplemented papers in the stated circumstances. Rule 6(12) governs urgency; Rule 27 supplies rules-based extension and condonation powers. None establishes an automatic entitlement to surrender. C023. Justice+1
Changing the court hearing date does not by itself establish that an earlier statutory surrender notice remains valid, that inspection dates move automatically, or that all recipients have received adequate new notice. Those are separate statutory and procedural questions. C030.
4. Chief Master’s publication directions
4.1 Directive 1 of 2025: actual body recovered
Primary document scan, non-Justice public host:
https://saicawebprstorage.blob.core.windows.net/uploads/resources/Chief-Master-Directive-1-of-2025-Placing-of-online-estate-adverts.pdf
Operative §3.1, zero PDF P2–P3 / printed pages 2–3; effective clause §4, zero P3 / printed page 3.
The directive is signed 13 February 2025 and states that it takes effect on signature. It addresses estate advertisements and must be read with Directive 1 of 2020. It is a Chief Master administrative direction, not a Gazette amendment of Insolvency Act §4. C027. Saica Web PR Storage
Where printed publication is not feasible, the directive accepts online publication subject to:
- circulation relevant to the required district or principal business location;
- compliance with language requirements where the relevant Act prescribes them; and
- free online access for interested persons.
C028. Saica Web PR Storage+1
It does not establish that an applicant’s own website, a paid-access platform or an unrelated online newspaper always satisfies the law. Nor is the directive’s discussion of §40(3) language requirements automatically imported into every §4 surrender notice.
4.2 Directive 1 of 2020: linked qualification recovered
Official body:
https://www.justice.gov.za/master/m_docs/2020-01_CHM-directive.pdf
The cover gives an effective date of 8 August 2020. The signature date is earlier; it is not substituted for the stated effective date.
The directive addresses differing Gazette and newspaper publication dates where same-day publication is not possible. Its calculation approach is expressly subject to what the governing Act or the advertisement itself stipulates. It also contains a separate §108(3) inspection example that must not be confused with a voluntary-surrender §4(6) inspection period. C029. Justice+2
This resolves P17’s inability to obtain the directive bodies. It does not certify a particular publisher, platform, language combination, district reach or proof accepted by a particular court.
4.3 Currentness of the court rules
The final 2024 amendment establishes the relevant Rule 6 text with effect from 20 September 2024.
Two later final instruments were separately opened:
| Instrument |
Relevant content read |
Effective date |
P19 consequence |
| GN R6753, 24 October 2025 |
Amendments to Rules 68 and 70 tariffs |
28 November 2025 |
Does not amend Rule 6 in the body read; no fee figures adopted |
| GN R7532, 29 May 2026 |
Rule 49(13) appeal-security amendment |
3 July 2026 |
Not a Master-report or voluntary-surrender filing rule |
The 2026 recital also identifies later 2025 notices, including R6504 of 15 August 2025 and R6975 of 24 December 2025, whose complete bodies were not obtained. P19 therefore does not certify an exhaustive October 2026 rules chain. C025–C026. Justice+1
5. Six fictional procedural workflows
No workflow concerns a real applicant, estate, property or court file.
| No. |
Assumed facts |
Qualified procedural analysis |
Adverse branch and missing proof |
| 1 — Unknown jurisdiction |
A capable living debtor intends to surrender, but domicile, property rights and residence/business history are unknown. |
The apparent §149 connections cannot be applied without those facts. The 2001 proviso concerns refusal/postponement, not automatic forum selection. C001–C005. |
An adviser’s location does not establish the debtor’s nexus. Missing: current official §149, actual connecting facts, division/seat directions. |
| 2 — Late Master submission |
The application falls within a Rule 6(9) category. It is filed at time F; a copy reaches the Master only at later time M. |
The express pre-filing sequence was not followed. A court-controlled procedural response, potentially including good-cause relief under Rule 27, must be identified. C009–C010, C023. |
Neither automatic nullity nor automatic forgiveness is assumed. Missing: category, submission proof, explanation and applicable court direction. |
| 3 — No report received |
A qualifying application was submitted to the Master before filing, but no report has arrived. |
Rule 6(9) does not supply a fixed reporting period or a silence-equals-consent rule. Compliance with submission timing is not proof of readiness for hearing. C013–C014. |
A local direction or court order may require the report before hearing. Missing: that authority and actual communications; no contact is undertaken here. |
| 4 — Hearing date changes |
The statutory notice advertises hearing H1; the court roll later changes to H2. |
Registrar set-down, statutory advertisement and inspection periods must be examined separately. A date change does not automatically amend every notice. C017, C023–C024, C030. |
Republication, amended notice or judicial directions may be required; P19 does not decide which. Missing: reason for change, notice text, actual dates and local directive. |
| 5 — Service disputed and creditor objects |
Creditor says it received the Gazette notice but not the motion papers or annexures and wishes to oppose. |
Statutory advertisement is not necessarily service of the court application. The proper route depends on whether the application is ex parte or otherwise and on Rules 4 and 6. C016, C018–C021. |
Interested-person leave or ordinary opposition may be relevant. Missing: form of motion, service return, annexures and court order. |
| 6 — Online-publication claim |
Applicant posts an advert on its own website and relies on Directive 1 of 2025 to omit all Gazette/newspaper publication. |
The directive does not establish that result. Its conditional format permission preserves geographical, applicable-language and free-access requirements and must be read with the statute and 2020 directive. C027–C030. |
Actual online Gazette/newspaper publication may satisfy the relevant format direction, but private posting alone is not certified. Missing: feasibility evidence, publisher/channel, reach, access, publication proof and local court treatment. |
6. Two symbolic timing illustrations
Illustration A — Rule 6(9) sequence
Assumptions: The application actually falls within Rule 6(9), and no separate exception or court direction alters the position.
Let:
- M = completed submission of the application copy to the Master;
- F = filing of the application with the registrar.
The rule requires:
M occurs before F
It supplies an order of events, not a numerical turnaround period for the report. P19 does not derive report due = M + 10 days, or any other number. It also does not treat the report as necessarily completed before F, because the express pre-filing requirement concerns submission for consideration and report. C010, C013, C031. South African Government
Illustration B — Ordinary ex parte filing and set-down
Assumptions: Rule 6(4)(a) applies; the matter is not urgent; no different court direction or local requirement controls.
Let:
- H = hearing court day;
- C1 = the immediately preceding court day;
- C2 = the court day before C1.
The rule requires filing and set-down:
before 12:00 on C2
Rule 1 excludes Saturdays, Sundays and public holidays from court-day counting. This illustration does not calculate a live date and does not alter the Insolvency Act’s separate advertisement or inspection requirements. C017, C020, C031. South African Government+1
7. Exact P17 old-to-new crosswalk
| Reviewed P17 row |
Original supplied status and gap |
P19 addition |
Disposition |
| G1-10 — Domicile/residence/business/property nexus |
partial; C005; “Read current §149 and provisos.” |
Fresh §149 reproduction plus enacted 2001 proviso and repeal correction. Current official whole-section chain remains incomplete. P19 C001–C006, C036. |
Still partial, with substantive amendment evidence added. |
| G1-11 — Local venue/transfer |
unresolved; C005,C059; “Division rules/current jurisdiction text.” |
Distinguishes nexus from discretionary refusal/postponement and from actual transfer. No division/seat direction read. C003–C008, C032. |
Partial national boundary; local venue remains unresolved. |
| G2-11 — Master report |
unresolved; C023; “Current Uniform Rule and practice.” |
Final Rule 6(9) identified, including restricted scope, pre-filing submission, Rule 57 exception and absence of a numerical report deadline. C009–C014. |
Rule identity answered; ordinary capable-debtor report basis and local completion requirements remain unresolved. |
| G2-13 — Creditor opposition |
partial; C024; “Current filing/opposition rules.” |
Rules 6(4)(b), 6(5), service, annexures and judicial directions read. C015–C023. |
National procedural gateway augmented; not filing-ready or all-local. |
| G5-03 — Current rules/directives |
unresolved; C023,C052–C054; “Open operative current official bodies.” |
2024 final amendment, July 2025 rules, two later amendments, and 2025/2020 directive bodies read. Employee-notice constitutional authorities remain separate. C025–C030, C033–C034. |
Materially narrowed; later-rule, local and constitutional holds remain. |
The supplied historical queue labels are not rewritten. The later same-coordinator review and this P19 overlay are additional provenance, not retroactive source access.
8. Source register — C_ZA-P19-S001 onward
All fresh P19 accesses below occurred on 27 October 2026 UTC/Pacific. Exact individual clocks are unknown. “P” is zero-based PDF index. Where a printed number was not verified, none is inferred.
| ID |
Issuer/title and complete literal HTTPS URL |
Actual read bounds and page locators |
Edition/status and limits |
| C_ZA-P19-S001 |
Justice, Uniform Rules of Court, compilation. https://www.justice.gov.za/legislation/rules/Uniform-Rules-of-Court-GG999-GNR48-19650112-SAFLII.pdf |
Rule1 P7; Rule4 P11–15; Rule6 P19–24; Rule7 P25; Rule27 P49; linked Rule57 P137–138. Relevant images inspected. Printed labels unverified. |
Fresh official body read. Incorporates changes to 4 July 2025. Not a complete October 2026 certification; P17’s failure unchanged. |
| S002 |
Rules Board/Minister, GN R5124, GG51056, 16 Aug 2024. https://www.gov.za/sites/default/files/gcis_document/202408/51056rg11724gon5124.pdf |
Rule6 amendment, P1–P2/GG17–18; 6(9) specifically P2/GG18; commencement P13/GG29. |
Fresh final Gazette and images. Effective 20 Sept 2024. |
| S003 |
Parliament/Presidency, Judicial Matters Amendment Act 42 of 2001, GG22912, 7 Dec 2001. https://www.gov.za/sites/default/files/gcis_document/201409/a42-010.pdf |
§2 P2/GG4; §§47–48 P12/GG24. |
Fresh enacted body/images. Material §149 proviso and repeal of Cross-Border Act §33. Full later-currentness/commencement chain not certified. |
| S004 |
Acts Online, Insolvency Act §149 reproduction. https://www.acts.co.za/insolvency-act-1936/149__jurisdiction_of_the_court |
Full HTML §§149(1)–(2), including proviso. |
Fresh secondary read aid. Not official current-law certification. |
| S005 |
SCA, Mayo NO v De Montlehu [2015] ZASCA127, 23 Sept 2015. https://www.supremecourtofappeal.org.za/index.php/component/jdownloads/send/25-judgments-2015/3019-mayo-no-v-de-montlehu-20504-14-2015-zasca-127-23-september-2015?Itemid=0 |
Paragraph6, P3/printed4; final outcome read for posture. |
Fresh official final unanimous judgment/image. Used only for §151 quotation and review distinction; liquidation merits not adopted. |
| S006 |
Chief Master, Directive 1 of 2025: Placing of Online Estate Adverts, primary scan hosted by SAICA. https://saicawebprstorage.blob.core.windows.net/uploads/resources/Chief-Master-Directive-1-of-2025-Placing-of-online-estate-adverts.pdf |
Cover P0; purpose P1/printed1; §§2.3–3.1 P2/printed2; conditions/effective clause P3/printed3. All page images read. |
Fresh signed primary administrative document on non-Justice host. Effective on signature, 13 Feb 2025. Not statutory repeal or court judgment. |
| S007 |
Chief Master, Directive 1 of 2020. https://www.justice.gov.za/master/m_docs/2020-01_CHM-directive.pdf |
Cover P0; §§2–3 P1–P2/printed1–2; signature P3/printed3. Images read. |
Fresh official body read earlier in P19. Cover effective date 8 Aug 2020; signature 3 Aug. A later reopening of an image reference failed; the successful earlier read is preserved. |
| S008 |
Rules Board/Minister, GN R6753, GG53572, 24 Oct 2025. https://www.justice.gov.za/legislation/notices/2025/20251024-gg53572rg11899gon6753-RB-HC.pdf |
Rule68 clause2 P1/GG133; Rule70 clause3 P6/GG138; commencement clause4 P11/GG143. |
Fresh final body. Effective 28 Nov 2025; scope read as tariff amendments, not Rule6. No amounts adopted. |
| S009 |
Rules Board/Minister, GN R7532, GG54757, 29 May 2026. https://www.justice.gov.za/legislation/notices/2026/20260529-gg54757-RG7532-RB-HighCourt.pdf |
English body P0–P2; Rule49(13)/commencement P2/GG262. |
Fresh final body/image. Effective 3 July 2026. Recital identifies additional 2025 instruments not all read. |
| S010 |
South African Government, Insolvency Act legislative record. https://www.gov.za/documents/insolvency-act-24-jun-1936-0000 |
HTML commencement/amendment list. |
Fresh official metadata only. Not section149 body or complete source-currentness proof. |
| S011 |
Justice, Insolvency Act compilation. https://justice.gov.za/legislation/acts/1936-024.pdf |
P19 fetch failed; no fresh body. |
Fresh failure plus separate P17 attribution. P17 reported §3/§4 reads on 26 Oct PDT/27 Oct UTC; that earlier record is retained, not re-certified. |
| S012 |
Government Gazette, original Insolvency Act. https://www.gov.za/sites/default/files/gcis_document/201505/act24of1936s.pdf |
P19 fetch timed out; no body. |
Failed official alternate. No absence or substantive inference. |
| S013 |
Chief Master, official Directive1/2025 endpoint. https://www.justice.gov.za/master/m_docs/2025-01_CHM-directive.pdf |
Direct fetch failed. |
Failed official endpoint. Actual signed body obtained separately as S006. |
| S014 |
Chief Master directives index. https://www.justice.gov.za/master/directives.html |
Body not obtained. |
Failed official index. No complete directive inventory claimed. |
| S015 |
Justice-hosted Act42/2001. https://www.justice.gov.za/legislation/acts/2001-042.pdf |
Direct fetch failed. |
Failed official route. Different official gov.za body succeeded as S003. |
| S016 |
South African Government, Judicial Matters Amendment Act metadata. https://www.gov.za/documents/judicial-matters-amendment-act-1 |
Search metadata surfaced; direct body timed out. |
Discovery/failure only. No precise commencement claim derived from snippet. |
| S017 |
Justice, Acts promoted since 1994 list. https://www.justice.gov.za/legislation/acts/dojcd-acts-promoted-since94.pdf |
No body obtained. |
Failed currentness aid. Not commencement evidence. |
| S018 |
SAICA resource page for Chief Master Directive1/2025. https://www.saica.org.za/resources/267067/ |
HTML title and download link. |
Fresh discovery page only. Legal wording comes from signed scan S006. |
| S019 |
Justice, 2025 legislation notices index. https://www.justice.gov.za/legislation/notices/notice2025.html |
Search metadata only; direct open failed. |
Failed later-amendment inventory route. R6504/R6975 bodies remain unread. |
| S020 |
Justice Rules Board notices index. https://www.justice.gov.za/rules_board/RB_Notices.html |
Search metadata only; direct open failed. |
Failed official alternate index. Not evidence of no later Rule6 amendment. |
9. Atomic claim register — C_ZA-P19-C001 onward
All claims are bounded to this procedural component. A066/A097/A098 remain held.
| Claim |
Actor/predicate/act/effect |
Source/pinpoint |
Exception or hold |
| C_ZA-P19-C001 |
§149 core wording was recovered only in secondary reproduction, not a full current official body. |
S004 §§149(1)–(2); S011–S012 failures |
Current primary chain remains partial |
| C002 |
Reproduced nexus distinguishes filing-date domicile/property from residence/business in preceding 12 months. |
S004 §149(1)(a)–(b) |
Actual facts and current official text needed |
| C003 |
Enacted 2001 proviso permits refusal/postponement in stated domestic or foreign-forum circumstances. |
S003 §2, P2/GG4 |
Foreign-designation facts unexamined |
| C004 |
Act42/2001 §47 repeals Cross-Border Act §33; §48 has separate special commencement clauses. |
S003 P12/GG24 |
Complete later chain unclosed |
| C005 |
Proviso is not automatic transfer or a cure for absent nexus. |
S003 §2 |
Separate transfer authority held |
| C006 |
Reproduction says court may rescind/vary its own Act order. |
S004 §149(2) |
Full current procedure unverified |
| C007 |
§151 review concerns specified Master/presiding-officer decisions with notice and statutory qualifications. |
S005 para6, P3/printed4 |
Not initial surrender jurisdiction |
| C008 |
Uniform Rules define court as High Court; Master and registrar remain separate roles. |
S001 Rule1 P7 |
Insolvency definition/current division chain held |
| C009 |
Rule6(9) names deceased, alleged prodigal and legally disabled estates. |
S002 cl2(e), P2/GG18 |
No blanket all-estates inference |
| C010 |
Covered copy and curator suggestion must be submitted to Master before registrar filing. |
Same |
Actual category/submission proof |
| C011 |
Rule57 exception and Rule6(10) trust-appointment extension have their own scope. |
S001 Rules6(9)–(10),57 |
Not automatically insolvency trustee/surrender |
| C012 |
Rule6(9) alone does not establish report duty for every capable living surrender applicant. |
C009–C011 analysis |
Other authority/local duty may exist |
| C013 |
Rule6(9) has submission sequence, not numerical report deadline or fixed report checklist. |
S002 cl2(e) |
No report-before-filing completion rule inferred |
| C014 |
Master silence/report is not surrender approval; court readiness remains separate. |
Rule6 text and actor distinction |
Actual direction/order needed |
| C015 |
Motion supported by affidavit; notice to registrar and required/proper recipients. |
S001 Rules6(1)–(2), P19 |
Special procedure/local direction |
| C016 |
Non-ex-parte notice and all annexures served on persons due notice. |
S001 Rule6(5)(a), P20 |
Actual service and package |
| C017 |
Ordinary ex parte filing/set-down before noon on second preceding court day. |
S002 cl2, P2/GG18 |
Urgent/local/order qualifications |
| C018 |
Affected person may seek leave to oppose ex parte application by supported notice. |
S002 Rule6(4)(b), P2/GG18 |
Court decides |
| C019 |
Ordinary Rule6(5) response periods are distinct from Master reporting. |
S001 P21–22 |
Recess/urgency/currentness |
| C020 |
Rule court-day and “deliver” definitions apply in their proper rules context. |
S001 Rule1, P7 |
Not every Act period |
| C021 |
Court-process service/proof differs from publication and Master submission. |
S001 Rule4, P11–15 |
Permitted exceptions and facts |
| C022 |
Agent, deponent and practitioner authority are different questions. |
S001 Rules6–7 |
No professional permission inferred |
| C023 |
Court may direct evidence/renewal/urgency and rules-based time relief. |
S001 Rules6(5)(g),(6),(12),27 |
No automatic statutory waiver |
| C024 |
Statement of affairs, publication notice, motion and Master report are distinct. |
P17 §§3–4 attributable reuse; S001 Rule6 |
Prior body not freshly re-certified |
| C025 |
Final 2024 Rule6 amendment commenced 20 Sept 2024. |
S002 cl6, P13/GG29 |
Later chain separately held |
| C026 |
July2025 compilation plus limited 2025/2026 amendments do not certify all Oct2026 rules. |
S001,S008–S009,S019–S020 |
R6504/R6975 bodies unread |
| C027 |
Directive1/2025 is signed administrative primary text, effective 13 Feb 2025. |
S006 §4, P3/printed3 |
Not statute or court judgment |
| C028 |
Online-publication permission is conditional on infeasible print, relevant reach, applicable language and free access. |
S006 §3.1, P2–P3 |
No arbitrary private-website substitution |
| C029 |
Directive1/2020 must be read with 2025 directive; different publication dates remain subject to statute/ad wording. |
S007 §3, P2; effective cover |
No imported §108 period |
| C030 |
Changed hearing date does not automatically validate unchanged statutory notices. |
C023–C024,C028–C029 analysis |
Republication/directions fact-specific |
| C031 |
Timing examples are conditional rule sequences, not live deadlines. |
Rules6(9),6(4)(a),1 |
Local calendar/order unknown |
| C032 |
No division, seat or Master office has been cleared. |
Scope |
Nine territorial holds |
| C033 |
Five P17 rows receive bounded additions, not wholesale acceptance. |
Crosswalk |
Existing merits/currentness holds |
| C034 |
P19 success/failure does not rewrite P17 reported access history. |
Source-status record |
Review time not source clock |
| C035 |
No actual proceeding, contact, file, account or private-record action occurred. |
Research-method fact |
No operational approval |
| C036 |
Foreign designation, complete §149 commencement and later law remain unresolved. |
S003–S004,S010–S017 |
A098 held |
10. Granular coverage register
Jurisdiction and review: 9 rows
| Row |
Question |
Status / claims |
Exact next evidence |
| J01 |
Current official §149 core |
Partial — C001–C002 |
Operative official consolidated body |
| J02 |
Domicile/property at filing |
Partial — C002 |
Actual nexus plus primary verification |
| J03 |
Twelve-month residence/business |
Partial — C002 |
Actual period/evidence |
| J04 |
Domestic alternative forum |
Answered as enacted proviso — C003–C005 |
Applicable division facts |
| J05 |
Foreign alternative forum |
Partial — C003,C036 |
Designation and foreign nexus |
| J06 |
Transfer versus refusal/postponement |
Boundary answered — C005 |
Separate transfer law if material |
| J07 |
§149(2) variation/rescission |
Partial — C006 |
Current primary text/procedure |
| J08 |
§151 Master review |
Narrow gateway answered — C007 |
Actual decision, standing and rules |
| J09 |
High Court/seat/Master distinction |
Partial — C008,C032 |
Current local jurisdiction/office |
Master-report mechanism: 10 rows
| Row |
Question |
Status / claims |
Exact next evidence |
| M01 |
Correct Rule6(9) numbering/body |
Answered — C009,C025 |
Later chain still held |
| M02 |
Covered categories |
Answered — C009 |
Actual applicant status |
| M03 |
Pre-filing submission |
Answered — C010 |
Submission/filing records |
| M04 |
Suggested curator |
Answered conditionally — C010 |
Actual proposal |
| M05 |
Rule57 exception |
Answered as scope — C011 |
Specific Rule57 application, if any |
| M06 |
Rule6(10) extension |
Answered as scope — C011 |
Trust/deed category |
| M07 |
Ordinary capable debtor’s report duty |
Unresolved — C012 |
Separate operative authority/direction |
| M08 |
Master’s report completion deadline |
Not supplied by6(9) — C013 |
Specific rule/direction/order |
| M09 |
Report content/positive approval |
Unresolved beyond purpose — C013–C014 |
Actual applicable requirements |
| M10 |
Late submission or absent report |
Partial — C014,C023 |
Good cause/local/court direction |
Application papers and opposition: 9 rows
| Row |
Question |
Status / claims |
Exact next evidence |
| F01 |
Petition/notice/affidavit distinction |
Answered — C015,C024 |
Actual filed papers |
| F02 |
Applicant/agent/deponent authority |
Partial — C022 |
Mandate and professional authority |
| F03 |
Annexures |
Answered — C016 |
Complete service bundle |
| F04 |
Ex parte filing/set-down |
Answered in read rule — C017 |
Local roll and order |
| F05 |
Interested creditor opposition |
Gateway answered — C018 |
Interest/grounds/leave |
| F06 |
Ordinary opposed route |
Partial-currentness — C019 |
Actual service/current timetable |
| F07 |
Service and proof |
Partial — C020–C021 |
Return or authorised proof |
| F08 |
Oral evidence/renewal/urgency |
Boundary answered — C023 |
Court decision |
| F09 |
Changed hearing date |
Unresolved application — C030 |
Statutory notice and local order |
Publication and source currentness: 8 rows
| Row |
Question |
Status / claims |
Exact next evidence |
| P01 |
Directive1/2025 body |
Answered — C027 |
No source-body gap remains |
| P02 |
Online versus print |
Conditional — C028 |
Feasibility and actual medium |
| P03 |
Gazette/newspaper channels |
Boundary answered — C028 |
Publisher/court proof |
| P04 |
Reach/language/free access |
Conditional — C028 |
Actual advert/access evidence |
| P05 |
Linked Directive1/2020 |
Answered as direction — C029 |
Apply exact statute/notice |
| P06 |
2020 signature/effective date |
Answered — S007 |
Effective date not signature date |
| P07 |
2025/2026 later Rules |
Partial — C026 |
R6504/R6975 and any later material rule |
| P08 |
National versus local directions |
Unresolved locally — C032 |
Specific division/Master direction |
Workflows: 6 rows
| Row |
Workflow |
Status / claims |
Missing fact |
| W01 |
Unknown nexus |
Unresolved — C001–C005 |
Debtor/location evidence |
| W02 |
Late Master submission |
Conditional — C010,C023 |
Applicable category and cure order |
| W03 |
Absent report |
Unresolved — C013–C014 |
Actual requirement/court response |
| W04 |
Changed date |
Unresolved — C030 |
Notice/order history |
| W05 |
Disputed service/opposition |
Partial — C016,C018–C021 |
Service and standing evidence |
| W06 |
Online-publication conflict |
Conditional — C027–C029 |
Actual channel and statutory compliance |
Reconciliation and controls: 4 rows
| Row |
Matter |
Status / claims |
Next action |
| V01 |
Five P17 rows |
Partially augmented — C033 |
Separate coordinator review |
| V02 |
Historical access provenance |
Preserved — C034 |
No retroactive fresh-read claim |
| V03 |
No actual action |
Confirmed — C035 |
None |
| V04 |
Country/parent/A066/A097/A098 |
Held — C032,C036 |
No acceptance |
Core coverage: 46 rows.
11. Separately retained/deferred families
| Row |
Family |
Exact hold |
| D01 |
Complete current Insolvency Act |
§149 and court-definition primary chain incomplete |
| D02 |
Master report for ordinary capable debtor |
Rule6(9) alone is insufficient to establish universal duty |
| D03 |
Complete current Uniform Rules |
Later identified 2025 instruments not fully read |
| D04 |
Local filing-ready bundle |
No court-seat pack, e-filing specification or calendar verified |
| D05 |
Full opposition/appeal/review litigation |
Only national entry points addressed |
| D06 |
Employee/union constitutional notice authorities |
P17 C054 remains separate and unresolved here |
| D07 |
Valuation and creditor advantage |
No merits rerun |
| D08 |
Trustee appointment/assets/client money |
No technical or operational findings |
| D09 |
Rehabilitation/discharge |
No effect or eligibility finding |
| D10 |
Involuntary sequestration |
P18 not adopted |
| D11 |
Administration/liquidation/business rescue |
P16 and other alternatives not adopted |
| D12 |
Private facts, professional authority and costs |
No actual mandate, contract, estate, fee or permission |
| D13 |
Foreign law/designations/recognition |
Only §149 proviso boundary; A098 held |
| D14 |
Parent/country/publication acceptance |
A066/A097/A098 and whole-country holds remain |
Nine provincial/local branches
| Province |
Status |
Next required local fact/body |
| Eastern Cape |
Unexamined |
Applicable division/seat practice direction, Master-report requirement, filing system and motion calendar |
| Free State |
Unexamined |
Current surrender bundle, report timing and registrar set-down directions |
| Gauteng |
Unexamined |
Correct seat, current electronic-filing and insolvency-motion directives, Master liaison requirements |
| KwaZulu-Natal |
Unexamined |
Seat-specific report, publication-proof, service and hearing directions |
| Limpopo |
Unexamined |
Current divisional forms, Master office and roll requirements |
| Mpumalanga |
Unexamined |
Current divisional forms, Master office and roll requirements |
| Northern Cape |
Unexamined |
Current local filing, report and publication-proof practice |
| North West |
Unexamined |
Competent seat, Master office, motion timetable and form requirements |
| Western Cape |
Unexamined |
Current division directions and reconciliation of statutory local-filing references with present Master arrangements |
12. Search/read audit, opportunities and counts
Audit
The bounded searches used exact §149/§151 language, Rule 6(9), the 2024 Rules amendment, Chief Master Directive 1/2025 and its express 1/2020 cross-reference. Later-rule searches were limited to the identified 2025/2026 instruments and official notices indexes.
The decisive new bodies were:
- final R5124/2024;
- Act42/2001’s §149 proviso and repeal;
- the official Uniform Rules compilation;
- the final SCA §151 quotation;
- signed Directive1/2025;
- official Directive1/2020; and
- two later rule amendments with distinct subject matter.
Failures remain failures. An unrelated judgment search result was excluded when its “149” reference proved not to concern Insolvency Act §149. No local practice document was treated as read merely because it appeared in search results.
Supported opportunities
| Candidate |
Supported purpose |
Limitation |
| Master-report applicability checklist |
Separate Rule6(9) categories, other report authority and pre-filing sequence |
Must not label every surrender application automatically covered |
| Document/actor checklist |
Distinguish statutory notice, statement, motion, annexures, report and service proof |
Not a filing-ready court bundle |
| Publication evidence checklist |
Record channel, print feasibility, reach, language, free access and dates |
No platform certification or online-only claim |
| Procedural currentness card |
Show final Gazette, compilation date, later amendment and local gap |
No complete 2026 certification |
Reconciled counts
| Output |
Actual count |
| P19 source-register rows |
20 |
| P19 atomic claims |
36 |
| Core coverage rows |
46 |
| Deferred-family rows |
14 |
| Provincial/local rows |
9 |
| Total coverage/hold rows |
69 |
| Fictional workflows |
6 |
| Symbolic timing illustrations |
2 |
| Reviewed P17 crosswalk rows |
5 |
| Document/actor comparison rows |
9 |
| Actual filings, contacts, decisions or deadlines |
0 |
Final self-check
Rule 6(9)’s categories, Rule 57 exception and linked Rule 6(10) were read rather than assumed. Submission before filing is not rewritten as a fixed Master turnaround or completed report before filing. No silence-equals-approval rule is invented. Statutory surrender publication remains separate from motion service. The 2025 directive is conditional administrative guidance, not an electronic-only statutory repeal. Section 149’s fresh amendment evidence is not presented as a complete current official consolidation. Section 151 review is not initial surrender jurisdiction. No province, seat, Master office, private estate or operational filing is approved.
Exact remaining primary-source question: What current national provision, binding final judgment or applicable divisional direction requires and regulates the Master’s report for an ordinary capable living debtor’s voluntary surrender, and what is the complete current official §149 and post-July-2025 Rule 6/local-practice chain governing that court?
P19 disposition: The identified P17 gaps are partially resolved. Rule 6(9) and the publication directives are now materially evidenced, with important scope qualifications. Complete current §149 verification, the ordinary capable-debtor report basis, report-completion requirements and all local filing practice remain held.
END C_ZA PASS-19