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.
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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 →Disposition: materially strengthened primary support, but not complete current-law certification. P21 obtained published final judgments that quote and apply §149(1), including a 2025 judgment, and a separate final judgment quoting §149(2). It also obtained official primary legislation connecting older High Court terminology to the modern High Court and Division structure.
The remaining gaps are specific: the complete current official Insolvency Act definition and §149 consolidation; parts of the amendment/commencement chain; the amended Cross-Border Insolvency Act designation procedure; and the current designation status of any particular foreign State. No conclusion that “no States are designated” is made.
Fresh P21 access: 27 October 2026 UTC and America/Los_Angeles. Individual source-opening times were not logged and remain unknown.
P19’s original access history, Rule 6(9) correction, symbolic examples and local/private holds remain intact. P20 is not adopted as a premise. The supplied P19 coordinator-review time is not treated as a source-opening time or independent review.
These are reproductions of actual final judicial opinions on a non-official public host, not fresh official statutory consolidations. Both arose in creditor-initiated proceedings, but they quote the shared jurisdiction provision expressly covering acceptance of surrender or sequestration. Only that jurisdictional text and its application are used here. C_ZA-P21-C001.
The quoted §149(1) gives jurisdiction over a debtor through either of these routes:
| Route | Required connection with the court’s area | Relevant time |
|---|---|---|
| §149(1)(a) | Debtor is domiciled there, or owns property there, or is entitled to property there | Date the surrender/sequestration petition is lodged with the registrar |
| §149(1)(b) | Debtor ordinarily resided there, or carried on business there | At any time within the twelve months immediately preceding lodgment |
These are alternatives, not cumulative requirements. The twelve-month look-back does not mean twelve months of continuous residence or business must always be proved. The words require the relevant connection at some time within that period, subject to the legal meaning and proof of ordinary residence or carrying on business. C002–C004. Semantis+1
The filing event is lodgment with the registrar. Identifying a Master’s office, publishing a notice, emailing an application, or obtaining a hearing allocation does not substitute for proving a §149 connection at the appropriate statutory time. C004, C025.
In Chapman, the court quoted §149(1) and found the relevant residence/business connection within the preceding twelve months. The judgment proceeded to provisional sequestration with a rule nisi. It does not establish a present local filing practice or every possible jurisdictional fact pattern. C005. Semantis+2
In Mel Properties, the court quoted the core and proviso and held, in paragraph 40, that the debtor had carried on business within its jurisdiction during the twelve months immediately preceding lodgment. The order was provisional sequestration, not a final sequestration order. This is a 2025 judicial application of §149(1)(b), not a complete 2026 statutory-amendment audit. C006. Semantis+2
The judgment’s fact-specific business finding must not be flattened into a rule that every director, shareholder, visitor or person associated with a local company carries on business in that area. Nor is property owned by a company automatically property owned by its director or shareholder. Actual legal rights and activities remain necessary evidence. C007. Semantis
P21 has now moved beyond P19’s sole reliance on a statutory read-aid for the core wording. It has primary judicial quotation and application. Nevertheless:
C001, C008, C028.
https://www.justice.gov.za/legislation/acts/2013-010.pdf
Superior Courts Act 10 of 2013, §§1, 2(3), 6(3), 50–53. The hosted edition read carries a May 2025 publication/download marker; that is not P21’s access time or proof of all later amendments.
Section 53 supplies a statutory interpretation bridge for references in other laws to older Supreme Court, High Court and provincial/local division terminology. They are construed as the High Court of South Africa or a Division, as the context requires. Sections 50–52 deal with institutional and pending-proceeding transitions. C009. Justice
This materially supports the modern institutional description, but it does not replace the missing exact current Insolvency Act definition or determine which Division or seat has jurisdiction over an actual debtor.
Under §6(3), the Minister, following the required consultation, defines or changes Divisional areas and local seats by Gazette notice. An area may comprise parts of one or more provinces. Existing proceedings receive the statutory protection stated in that subsection when notices change the arrangements. C010. Justice
Thus:
Section 2(3) also treats the Superior Courts Act as complementary to specific legislation governing a superior court’s functioning, with the specific legislation prevailing where the stated conflict arises. The Insolvency Act’s particular jurisdiction test must therefore still be applied. C011. Justice
https://www.gov.za/sites/default/files/gcis_document/201409/a42-010.pdf
Judicial Matters Amendment Act 42 of 2001:
The domestic branch concerns the estate of a person over whom the court has jurisdiction where it appears equitable or convenient that the estate should be sequestrated by another court within South Africa.
The stated power is to refuse or postpone acceptance of surrender or sequestration. It is not an automatic transfer, an instruction that the other court must accept the matter, or a means of creating a missing §149 nexus. C012. gov.za
A contention that another court is more suitable therefore raises a different question from denying that the first court has jurisdiction at all.
The foreign branch concerns the estate of a person:
The resulting power is again refusal or postponement, not automatic foreign recognition, referral or transfer. A historical residence, nationality, foreign bank account or property connection is not automatically the required foreign domicile. C013. gov.za
The proviso presupposes a court properly considering the surrender/sequestration petition. Its reference to a foreign State does not supply an independent South African jurisdictional connection where §149(1)’s gateway is otherwise missing.
The original Cross-Border Insolvency Act’s §33 proposed a different substitution of the §149 proviso, retaining the domestic branch. But Act 42 of 2001:
The original 2000 §33 cannot simply be treated as the presently operative amendment without accounting for that repeal. C014. CISP+2
Section 48 of the 2001 Act contains specific retrospective/deferred arrangements for other numbered provisions. P21 did not recover the complete general commencement foundation and all subsequent material instruments. The 2016 and 2025 judgments’ use of the fuller proviso corroborates its judicial application, but does not replace an exhaustive commencement chain. C015.
https://cisp.cachefly.net/assets/articles/attachments/03534_crossboronsact42.pdf
Cross-Border Insolvency Act 42 of 2000:
The original §2(2)(a) makes the Act applicable to a State designated by the Minister by notice in the Gazette. Section 2(2)(b) requires the Minister to be satisfied about the relevant recognition position under the foreign State’s law before designation. The original Act’s defined “foreign State” is tied to designation. C016. CISP+1
That is materially different from:
None of those facts, alone, is the Gazette designation required by the text.
The original §2(3) addresses withdrawal of designation and the original §2(4) addresses parliamentary approval. A material later amendment by Judicial Matters Second Amendment Act 55 of 2003, §30, was identified. Its exact operative clause was not successfully read despite obtaining part of the official Act file and attempting a different official route. C017.
Consequently, P21 does not publish the original approval/withdrawal wording as the complete current procedure. The missing body is precise: Act 55 of 2003 §30, its commencement instrument and any subsequent amendment or designation/withdrawal notices.
The original Cross-Border Insolvency Act §34 requires commencement by presidential proclamation. Official metadata identifies commencement on 28 November 2003, associated with Gazette 25768. The underlying proclamation body was not obtained here.
Even a fully verified commencement date would not itself identify designated States. Commencement of the Act, designation of a State and withdrawal or amendment of a designation are separate legal events. C018. CISP
The bounded official searches did not produce a designation notice or a complete authoritative current list. P21 therefore makes neither of these statements:
Failure to find a notice is not proof of non-designation. For the §149 proviso’s foreign branch, unknown designation status must remain unknown, not be replaced by “not designated.” C019.
The original Act also preserves other South African-law assistance in §7. Absence or uncertainty of designation is therefore not treated as a complete ruling on all common-law or other statutory recognition possibilities. Those issues are deferred. C020. cisp.cachefly.net
In Smith v National Urban Reconstruction and Housing Agency and Others, KwaZulu-Natal High Court, Durban, 22 May 2013, Lopes J quoted §149(2) in paragraph 6:
“The court may rescind or vary any order made by it under the provisions of this Act.”
Source:
https://semantis.ai/resources/35289.pdf
Paragraph 6, zero PDF P2 / printed page 3. The parsed final judgment was read; the attempted image of that target page failed. No pixel inspection of that paragraph is claimed. C021. Semantis
The words establish a power, not an automatic entitlement. In Smith, the applicant’s assertion that sufficient grounds need not be shown was an argument, not the holding. The court declined relief and dismissed the application. P21 does not reproduce the judgment’s wider rescission analysis or treat it as a complete current rescission code. C022.
Section 149(2), on its wording, concerns orders made by that court under the Act. It does not by itself authorise an unrelated court to alter another court’s order.
That does not mean the same individual judge must always act. Court identity, Division/seat arrangements, transfer, appeal and review routes require their own authority. P21 does not resolve those procedural questions from the phrase “made by it.” C023.
In Courtney v Boshoff NO and Others [2024] ZASCA 104, the unanimous SCA held that the particular final sequestration order, although not preceded by the expected provisional sequence, was not simply a nullity that could be ignored; it remained effective until set aside. The appeal against the principal dismissal was dismissed, while specified contingent lower-court orders were set aside. C024.
Official final judgment:
Paragraphs 18, 23–25 and 30–31; zero P12 / printed 13 and zero P14 / printed 15 for the material boundary and order. Supreme Court of Appeal+2
This does not decide every defect, jurisdictional nullity or permissible correction. Nor is the lower court’s discarded conditional alteration treated as a general SCA endorsement of an unlimited §149(2) curing power.
P19’s precisely attributed read of Mayo NO v De Montlehu [2015] ZASCA 127, paragraph 6, remains the source for the §151 quotation. It concerns review of specified Master or presiding-officer decisions, subject to §57, notice to affected persons and the confirmed-account qualification. It is not the initial jurisdiction test for surrender and not the same as varying the court’s own order under §149(2). C026.
P19 source, not freshly reopened in P21:
Paragraph 6, zero PDF P3 / printed page 4.
| Instrument or judgment | What P21 actually establishes | What it does not establish |
|---|---|---|
| §149(1) in Chapman, 2016 | Core and proviso quoted; jurisdiction applied on residence/business facts | Complete current consolidation or every Division’s practice |
| §149(1) in Mel Properties, 2025 | Core/proviso quoted; §149(1)(b) applied to business connection | Foreign designation decision or a rule that every directorship suffices |
| Act42/2001 §§2,47 | Enacted fuller proviso and repeal of original Cross-Border Act §33 | Complete later amendment/commencement chain |
| Original Cross-Border Act §§1–2,34 | Gazette designation mechanism and proclamation commencement structure | Current amended approval/withdrawal rules or actual designated-State list |
| Act55/2003 §30 | Material amendment identified | Operative text and commencement not closed |
| Superior Courts Act §§2,6,53 | Modern institutional interpretation and Gazette-defined areas | Actual current jurisdiction boundaries for a selected court |
| §149(2) in Smith, 2013 | Exact own-order power quoted; relief refused on those facts | Automatic rescission or a complete current remedial code |
| Courtney, SCA 2024 | Particular order remained effective; no adequate rescission case; conditional lower orders set aside | Every defect is cured or every order is immune from challenge |
| §151 in Mayo, P19 reuse | Different Master/presiding-officer review route | Initial surrender jurisdiction or cross-court variation |
These are invented classification exercises, not court-selection or litigation advice.
| No. | Assumed facts | Conditional analysis | Adverse branch and missing evidence |
|---|---|---|---|
| 1 — Domestic nexus, another court asserted | At lodgment, a debtor is domiciled in Area A. A party says Area B is more convenient. | On the quoted §149(1)(a), Area A’s nexus is potentially present. The domestic proviso raises a separate equitable/convenient refusal-or-postponement question. C002–C004, C012. | Convenience does not erase or create jurisdiction automatically. Missing: actual domicile, current area notices, evidence supporting the alternative and applicable procedural authority. |
| 2 — Domestic nexus disputed | A debtor moved away; it is unclear whether ordinary residence or business continued in the preceding twelve months. | The filing-date and look-back alternatives must be tested separately. A failed present-residence argument does not necessarily defeat a proven business look-back. C002–C007. | A mailing address, company connection or occasional visit may not prove the relevant legal fact. Missing: dates, activities and actual property rights. |
| 3 — Historical foreign connection, no designation proof | Debtor lived abroad years earlier; a party asserts that the foreign State is “not designated.” | The foreign proviso requires the relevant domicile, not any historical connection, plus reliable designation-status evidence. C013, C016–C019. | No notice was produced; absence from a search is not proof of non-designation. No foreign-forum conclusion follows. |
| 4 — Domestic connection plus foreign domicile | A debtor owns qualifying property in Area A when filing and is assumed domiciled in State F. | Domestic nexus and possible foreign-forum discretion are separate. If non-designation and equitable/convenient treatment are properly established, the court may refuse or postpone. C002, C013–C019. | If State F’s status is unknown, the foreign proviso is not factually established. If designated, other law may matter; no recognition result is supplied. |
| 5 — Different court asked to change order | Court A made an Insolvency Act order; an applicant asks Court B to vary it solely under §149(2). | “Made by it” does not itself establish Court B’s power. C021–C024. | Court identity, lawful transfer, appeal or review may provide a different route, but none is assumed. This is not a requirement to return to the same individual judge. |
| 6 — Master office known, court nexus unknown | Applicant has identified a Master’s office and an online publication channel, but no court-area connection is proved. | Administrative readiness does not supply §149 jurisdiction. The Master-report and publication issues remain distinct from court competence. C010–C011, C025–C026. | Missing: current court area, debtor nexus and relevant court process. No filing-ready conclusion follows. |
Let:
The quoted statutory gateway is:
J = D OR P OR R OR B
This is a classification model, not a substitute for proof. Unknown inputs remain unknown. If J is established, the proviso and other requirements still remain. If none is established, a Master’s office, publication or preference for that forum does not make J true. C002–C004, C025, C027. Semantis
No exact calendar endpoint or live filing date is computed.
Assume J is established.
Domestic branch
Another domestic court + equitable/convenient finding → court MAY refuse or postpone
Foreign branch
Foreign domicile + verified non-designation + equitable/convenient finding → court MAY refuse or postpone
Neither branch is:
→ automatic transfer, foreign recognition, surrender acceptance or discharge.
If designation status is unknown, it must not be substituted with not designated. C012–C020, C027. South African Government+1
| P19 row | Supplied original position | P21 replacement/status |
|---|---|---|
| C_ZA-P19-J01 — Current official §149 core | Partial — C001–C002; operative official consolidated body required | Partial, materially strengthened. Final primary judgments quote and apply §149(1), including a 2025 application. Complete current official statutory body remains missing. P21 C001–C008. |
| C_ZA-P19-J05 — Foreign alternative forum | Partial — C003,C036; designation and foreign nexus needed | Still partial. Enacted proviso and original Gazette-designation mechanism read. Actual State designation status, amended procedure and complete commencement chain remain unconfirmed. P21 C013–C020. |
| C_ZA-P19-J07 — §149(2) variation/rescission | Partial — C006; current primary text/procedure needed | Primary quotation now obtained; currentness/application still partial. Smith para6 quotes exact text; “made by it,” discretion and no automatic outcome are preserved. P21 C021–C024. |
| C_ZA-P19-D01 — Complete current Insolvency Act | §149 and court-definition primary chain incomplete | Hold narrowed, not closed. Modern High Court terminology/area bridge verified in official Superior Courts Act; exact current Insolvency Act definition and complete §149 chain still missing. |
| C_ZA-P19-D13 — Foreign law/designations/recognition | Only §149 proviso boundary; A098 held | Hold retained with added designation-source detail. Original §2 mechanism read; actual designations and material amended approval/withdrawal body remain unresolved. No recognition dossier or A098 acceptance. |
C_ZA-P19-J09 remains unchanged: actual court, seat, Master’s office and local application remain unverified.
| P19 claim | Exact replacement or retained qualification |
|---|---|
| C_ZA-P19-C001 — replace | P19 recovered §149’s core only through a secondary reproduction. P21 adds fresh final judicial quotations and applications in Chapman and Mel Properties. No complete current official Insolvency Act consolidation is claimed. |
| C_ZA-P19-C002 — replace | Section 149(1), as quoted in those judgments, distinguishes filing-date domicile/ownership/entitlement from ordinary residence or business at any time within the immediately preceding twelve months. These are alternative connections; actual nexus and current court-area evidence remain required. |
| C_ZA-P19-C003 — retain and augment | Act42/2001 §2 supplies the enacted domestic/foreign refusal-or-postponement proviso. P21 separately reads the original Cross-Border designation mechanism but does not establish current designation status or a complete amended procedure. |
| C_ZA-P19-C006 — replace | Section149(2) is freshly quoted in the final Smith judgment: the court may rescind or vary an order made by it under the Act. This is a discretionary own-order power, not automatic relief or an established power in a different court. |
| C_ZA-P19-C036 — replace | Foreign designation status, the full material commencement/amendment chain and recognition consequences remain unresolved. P21 identifies Act55/2003 §30 as a material unread amendment and does not turn an unsuccessful designation search into a finding that none exist. |
No other P19 claim, model or source history is replaced.
Fresh access date: 27 October 2026 UTC/Pacific. Exact opening clocks unknown. Page indices are zero-based; printed labels are stated only where actually established.
| ID | Issuer/title and full literal HTTPS URL | Actual reading and locator | Status and limitation |
|---|---|---|---|
| C_ZA-P21-S001 | Western Cape High Court, Mel Properties 100 (Pty) Ltd v van der Walt and Another [2025] ZAWCHC366, 19 Aug2025. https://semantis.ai/resources/53880.pdf | Paras12–40; §149 quote zero P4–P5; holding para40 zero P12; provisional order para60 zero P18–P19. Images inspected. Printed page labels not shown. | Fresh final judicial opinion on non-official mirror. Mangcu-Lockwood J, single judge. Jurisdiction established through business look-back; provisional order granted. No final designation holding or full citator. |
| S002 | Gauteng High Court, Chapman Fund Managers (Pty) Ltd and Another v Phala, 11 Nov2016. https://semantis.ai/resources/32205.pdf | Paras11–12, zero P4–P5 / printed pp5–6; rule-nisi order continuation zero P17/printed18. Images read. | Fresh final judicial opinion on mirror. Avvakoumides AJ, single judge. Jurisdiction applied; provisional order/rule nisi. No all-local practice finding. |
| S003 | KwaZulu-Natal High Court, Smith v National Urban Reconstruction and Housing Agency and Others, 22 May2013. https://semantis.ai/resources/35289.pdf | Para6, zero P2/printed3; paras24–25 outcome, zero P10/printed11; date P11/printed12. Target P2 image failed; parsed text read. | Fresh final opinion, Lopes J. Exact §149(2) quoted; application dismissed. Other successfully viewed pages do not make the failed target a pixel read. |
| S004 | SCA, Courtney v Boshoff NO and Others [2024] ZASCA104, 21 June2024. https://www.supremecourtofappeal.org.za/index.php/component/jdownloads/send/94-judgements-2024/4280-eamonn-courtney-v-izak-johannes-boshoff-no-others-483-2023-2024-zasca-104-21-june-2024?Itemid=0 | Paras18,23–25,28,30–31; zero P12/printed13 and P14/printed15 images; order P1/printed2. | Fresh official final unanimous judgment, Nicholls JA, four concurrences. Principal appeal dismissed; specified contingent lower orders set aside. Narrow non-nullity boundary only. |
| S005 | Parliament/Presidency, Judicial Matters Amendment Act42/2001, GG22912, GoN1313, 7 Dec2001. https://www.gov.za/sites/default/files/gcis_document/201409/a42-010.pdf | §2 zero P2/GG4; §§47–48 zero P12/GG24, images read. | Fresh enacted body. Later text reopen failed, without undoing successful body/image reads. Complete general/later commencement chain not certified. |
| S006 | Justice, Superior Courts Act10/2013, amended compilation. https://www.justice.gov.za/legislation/acts/2013-010.pdf | §1 zero P1; §2(3) P2; §6(3) P3; §§50–53 P15. Images read. Printed labels unverified. | Fresh official-hosted legislative compilation, May2025 marker. Header commencement23 Aug2013 attributed; underlying proclamation not freshly read. Actual area notices not examined. |
| S007 | Parliament/Presidency, original Cross-Border Insolvency Act42/2000. https://cisp.cachefly.net/assets/articles/attachments/03534_crossboronsact42.pdf | §1(i) zero P3/printed6; §§2(2)–(4),4,7 P4/printed8; §§33–34 P11/printed22. Images read. | Fresh primary enactment reproduction on non-official host. Original, not amended current text. |
| S008 | Justice, Judicial Matters Second Amendment Act55/2003, GG26206, GoN428, 31 Mar2004. https://www.justice.gov.za/legislation/acts/2003-055.pdf | Initial document/header obtained; relevant §30 body not verified after subsequent retrieval/image failures. | Partial source access. Amendment identity located; exact current amended designation terms not adopted. |
| S009 | SCA, Mayo NO v De Montlehu [2015] ZASCA127, 23 Sept2015. 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 | Para6, zero P3/printed4. | Precisely attributed P19 reuse, accessed there27 Oct2026 and selected by coordinator. Not freshly reopened P21. Only statutory review-route distinction used. |
| S010 | gov.za, original Cross-Border Act PDF. https://www.gov.za/sites/default/files/gcis_document/201409/a42-000.pdf | Timeout; no body. | Failed official route. Successful primary reproduction is S007. |
| S011 | Justice, Cross-Border Act compilation. https://www.justice.gov.za/legislation/acts/2000-042.pdf | Direct fetch failed. Search metadata identifies §2 amendment by Act55/2003 §30. | Failed body/discovery-only amendment locator. No current amended section inferred. |
| S012 | gov.za, Cross-Border Insolvency Act legislative record. https://www.gov.za/documents/cross-border-insolvency-act | Search metadata gives28 Nov2003/GG25768; direct page fetch failed. | Metadata only. Underlying commencement proclamation not read. |
| S013 | gov.za, Act55/2003 PDF candidate. https://www.gov.za/sites/default/files/gcis_document/201409/a55-03.pdf | Failed fetch; no body. | Different official alternate. Does not close §30 gap. |
| S014 | gov.za, Judicial Matters Second Amendment Act metadata. https://www.gov.za/documents/judicial-matters-second-amendment-act | Search metadata identifies commencement arrangements; direct body failed. | Discovery only. No exact operative amendment date certified from it. |
| S015 | Justice, Constitution PDF. https://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng.pdf | Failed body. | Unresolved general commencement-law candidate. No default rule derived. |
| S016 | Justice, Constitution Chapter4 HTML. https://www.justice.gov.za/constitution/chp04.html | Failed alternate. | No §81 body read. General commencement proof remains limited. |
| S017 | SAFLII, official-law-repository route to Mel Properties. https://www.saflii.org/za/cases/ZAWCHC/2025/366.html | HTTP403; no body. | Failed repository route. Final opinion read on S001 mirror. |
| S018 | SAFLII, route to Chapman. https://www.saflii.org/za/cases/ZAGPPHC/2016/1016.html | HTTP403; no body. | Failed repository route. Final opinion read on S002 mirror. |
| S019 | gov.za, Act42/2001 legislative metadata. https://www.gov.za/documents/judicial-matters-amendment-act-1 | Fresh search metadata only; P19 failed page route not retried. | Discovery-only overlay. Publication/metadata dates do not replace a complete commencement chain. |
All claims are national, bounded and not accepted as A066/A097/A098 completion.
| Claim | Exact proposition, actor and effect | Evidence/pinpoint | Continuing limit |
|---|---|---|---|
| C_ZA-P21-C001 | Primary final judgments now quote/apply §149(1); evidence is no longer solely a read-aid. | S001 paras12,40; S002 paras11–12 | Not complete current consolidation |
| C002 | Filing-date nexus is domicile, ownership or entitlement to property within court area. | S001 P5; S002 P4 | Actual legal facts required |
| C003 | Look-back nexus is ordinary residence or business at some time in preceding twelve months. | Same | Not a required twelve-month duration |
| C004 | The connections are alternatives and use registrar lodgment as temporal anchor. | §149(1) quoted in S001/S002 | Exact filing and facts unknown |
| C005 | Chapman applied the residence/business connection and issued provisional relief. | S002 paras11–12/order | Single-judge dated holding |
| C006 | Mel Properties applied §149(1)(b) in2025 and granted provisional sequestration. | S001 para40,60 | Not foreign-designation decision |
| C007 | A company relationship or address alone does not prove the debtor’s personal property/business nexus. | S001 paras24–40 | Actual rights/activities required |
| C008 | Exact current Insolvency Act Court definition remains unconfirmed. | Source gap | Modern bridge does not erase gap |
| C009 | Superior Courts §53 converts older court references contextually. | S006 §53, P15 | Exact court/seat still needed |
| C010 | Gazette-defined Divisional areas can cross provincial boundaries. | S006 §6(3), P3 | Actual notices not read |
| C011 | Specific superior-court legislation can prevail under §2(3). | S006 P2 | Insolvency nexus still applies |
| C012 | Domestic proviso permits refusal/postponement where another domestic court is equitable/convenient. | S005 §2 | Jurisdiction first; no automatic transfer |
| C013 | Foreign proviso requires foreign domicile, non-designation and equitable/convenient foreign treatment. | S005 §2 | Actual status/facts unknown |
| C014 | Act42/2001 §47 repealed original Cross-Border §33. | S005 P12; S007 P11 | Do not use original amendment alone |
| C015 | Complete general/material commencement chain remains open. | S005 §48; failed sources | Later judicial use is not exhaustive chain |
| C016 | Original designation mechanism requires Ministerial Gazette notice and statutory satisfaction. | S007 §§1(i),2(2), P3–P4 | Current amended procedure held |
| C017 | Material Act55/2003 §30 amendment was identified but not fully read. | S008,S011,S013 | Approval/withdrawal current text unresolved |
| C018 | Commencement of Cross-Border Act is separate from State designation. | S007 §34; S012 metadata | Proclamation body not read |
| C019 | No current State designation or exhaustive no-designation finding was established. | Search audit | Unknown is not non-designated |
| C020 | Missing designation does not decide every other-law assistance route. | S007 §7 | Full recognition law deferred |
| C021 | §149(2) permits court to rescind/vary its own Act orders. | S003 para6, P2/printed3 | Power, not automatic relief |
| C022 | Smith rejected relief on its facts; applicant argument was not holding. | S003 paras5–6,24–25 | No full current rescission test supplied |
| C023 | “Made by it” does not itself authorise another court; same individual judge is not inferred. | §149(2) text/inference | Court identity and separate routes held |
| C024 | Courtney rejects automatic-nullity conclusion for its particular irregularity. | S004 paras23–25,30–31 | Not universal cure/validity rule |
| C025 | Master office, publication or readiness does not supply §149 nexus. | C002–C011 distinction | P19 procedure unchanged |
| C026 | §151 review of Master/presiding officer differs from §149 jurisdiction/own-order power. | S009 P19 reuse, para6 | Full review merits/procedure held |
| C027 | Fictional models separate nexus, discretion and missing facts. | C002–C026 | No live court selection |
| C028 | No complete later statutory or case citator was performed. | Source/read audit | Currentness limits retained |
| C029 | Only identified P19 rows/claims receive this overlay; P20 not adopted. | Crosswalk | Original raw provenance preserved |
| C030 | No actual record, contact, filing or publication occurred; broader acceptance remains held. | Research-method record | No operational approval |
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| J01 | Primary §149(1) core | Partial, strengthened — C001 | Complete current official statutory body |
| J02 | Registrar-lodgment date | Answered in quoted text — C004 | Actual lodgment evidence |
| J03 | Domicile at filing | Conditional — C002 | Actual domicile facts/law |
| J04 | Ownership/entitlement | Conditional — C002,C007 | Debtor’s legal property right |
| J05 | Ordinary residence look-back | Conditional — C003 | Actual dates and ordinary residence |
| J06 | Business look-back | Conditional — C003,C006 | Actual activity and dates |
| J07 | Alternative rather than cumulative tests | Answered — C004 | No automatic factual conclusion |
| J08 | Exact Insolvency Act Court definition | Unresolved — C008 | Current official definition |
| J09 | Modern court-reference bridge | Answered at statutory level — C009 | Contextual application |
| J10 | Division/seat/area notices | Partial — C010 | Current applicable notices |
| J11 | Specific-law interaction | Answered boundary — C011 | Actual conflict, if any |
| J12 | Local application | Unresolved — C008–C011 | Actual court and private nexus |
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| F01 | Act42/2001 proviso | Fresh primary body — C012–C014 | Complete later chain |
| F02 | Domestic alternative court | Conditional — C012 | Equitable/convenient facts |
| F03 | Foreign domicile | Conditional — C013 | Actual domicile |
| F04 | Non-designated-State condition | Conditional — C013,C019 | Gazette status at relevant time |
| F05 | Refuse/postpone versus transfer | Boundary answered — C012–C013 | Separate transfer authority |
| F06 | Original Cross-Border §33 | Historical only — C014 | Do not treat as unrepealed current rule |
| F07 | 2001 repeal of §33 | Answered as enacted text — C014 | Commencement reconciliation |
| F08 | Act42/2001 commencement | Partial — C015 | General and later operative chain |
| F09 | Gazette designation mechanism | Original primary rule read — C016 | Current amended text |
| F10 | Approval/withdrawal amendment | Unresolved — C017 | Act55/2003 §30 and commencement |
| F11 | Cross-Border Act commencement | Metadata-supported, primary gap — C018 | Proclamation body |
| F12 | Actual current designation status | Unresolved — C019–C020 | Official notices/withdrawals/current inventory |
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| R01 | Exact §149(2) text | Primary judicial quotation obtained — C021 | Current official consolidation |
| R02 | Own court versus different court | Boundary answered — C023 | Court identity/other jurisdiction |
| R03 | Discretion versus entitlement | Answered narrowly — C021–C022 | Actual grounds and procedure |
| R04 | Automatic-nullity/cure claim | Rejected as universal inference — C024 | Actual defect and remedy |
| R05 | §151 distinction | Retained dated primary reuse — C026 | Actual decision/standing/notice |
| R06 | Master office/publication | Not jurisdictional substitute — C025 | Independent §149 proof |
| Row | Workflow | Status / claims | Missing fact |
|---|---|---|---|
| W01 | Domestic nexus/other domestic court | Conditional — C002,C012 | Nexus and convenience evidence |
| W02 | Disputed domestic nexus | Unresolved factual application — C002–C007 | Dates, activities, rights |
| W03 | Historical foreign connection | Insufficient as assumed — C013,C019 | Domicile and designation |
| W04 | Domestic plus foreign forum | Conditional — C012–C020 | Verified foreign branch predicates |
| W05 | Different court altering order | Not established by §149(2) alone — C021–C024 | Correct court and separate route |
| W06 | Master office known | Insufficient jurisdiction proof — C025 | Current court area and debtor nexus |
| Row | Matter | Status / claims | Next action |
|---|---|---|---|
| M01 | Symbolic nexus model | Conditional only — C027 | Actual evidence |
| M02 | Symbolic discretion model | Conditional only — C027 | Designation and judicial assessment |
| M03 | Five P19 coverage replacements | Completed overlay — C029 | Same-coordinator review |
| M04 | Five P19 claim replacements | Completed overlay — C029 | Preserve originals/history |
| M05 | Full currentness/citator | Unresolved — C028 | Focused remaining primary retrieval |
| M06 | No actual action/acceptance | Confirmed boundary — C030 | None performed |
Core coverage: 42 rows.
| Row | Family | Exact retained hold |
|---|---|---|
| D01 | Complete current Insolvency Act | Exact current Court definition and whole §149 chain incomplete |
| D02 | Material amendment commencement | Act42/2001 general chain and Act55/2003 §30 commencement not fully verified |
| D03 | Current foreign designations | No exhaustive positive or negative State-status finding |
| D04 | Full foreign insolvency recognition | No Model Law/common-law recognition dossier |
| D05 | Full rescission/Rule31/Rule42 | Own-order boundary only |
| D06 | Full §151 review | No merits, standing or timing determination for an actual decision |
| D07 | Division transfer/appeal | Proviso is not treated as a complete transfer mechanism |
| D08 | Master report/publication/readiness | P19’s existing findings and holds unchanged |
| D09 | Surrender/sequestration merits | No financial, creditor-advantage, asset or order entitlement rerun |
| D10 | Actual private jurisdiction facts | No domicile, property, company, estate or docket investigated |
| D11 | P20 and other unreviewed reports | Not adopted as premises |
| D12 | Parent/country/A066/A097/A098 acceptance | Held; no operational or publication approval |
| Province | Status | Next local evidence needed |
|---|---|---|
| Eastern Cape | Unexamined locally | Current Division/seat area notice and applicable jurisdiction/procedural direction |
| Free State | Unexamined locally | Current area, seat and local filing facts |
| Gauteng | Not certified locally | Chapman is a dated primary holding, not a current all-seat practice audit |
| KwaZulu-Natal | Not certified locally | Smith supplies a narrow dated quotation, not current rescission/local procedure |
| Limpopo | Unexamined locally | Current area/seat notices and actual nexus |
| Mpumalanga | Unexamined locally | Current area/seat notices and actual nexus |
| Northern Cape | Unexamined locally | Current area/seat notices and actual nexus |
| North West | Unexamined locally | Current area/seat notices and actual nexus |
| Western Cape | Not certified locally | Mel Properties is a particular 2025 jurisdiction application, not all-local verification |
The research used generic statutory and published-judgment queries concerning:
The failed whole Insolvency Act, Justice, SAFLII and LawLibrary consolidation routes identified in P19 were not used as a repeated whole-Act retrieval loop. New published final judgments and separate enacted amendments were used instead.
What was excluded: search hits consisting of private commercial records, court rolls, party background, commentary asserting that no States were designated, and arguments about recognition unsupported by an opened operative body. No private record was opened to investigate a person or entity.
What the source mix means: the most important new support for the core is a final judicial quotation and application, not an official current consolidation. The statutory amendment and modern High Court bridge are fresh official primary bodies. The original Cross-Border Act is a disclosed primary reproduction. The current designation list and amended §2 procedure are still missing.
A narrow evidence checklist could now separate four fields: nexus proved; discretionary forum issue; order-maker identity; designation instrument/status. It must retain “unknown” where evidence is missing and must not produce a live court-selection recommendation.
| Deliverable | Actual displayed count |
|---|---|
| P21 source-register rows | 19 |
| New atomic claims | 30 |
| Core coverage rows | 42 |
| Separate deferred/hold rows | 12 |
| Provincial/local rows | 9 |
| Total coverage/hold rows | 63 |
| Fictional workflows | 6 |
| Symbolic gateway models | 2 |
| P19 coverage-row replacements | 5 |
| P19 claim-cell replacements | 5 |
| Authority/status comparison rows | 9 |
| Actual court selections, filings or legal outcomes | 0 |
What is the complete currently operative official Insolvency Act definition and §149 text, including the effective amendment chain, and what Gazette designation or withdrawal instruments—read with the operative amendment to Cross-Border Insolvency Act §2—establish the relevant foreign State’s status at the legally relevant time?
Final P21 disposition: P19’s source gap is materially narrowed. The §149(1) core now has fresh primary judicial quotation and a 2025 application; §149(2) has a fresh final-judgment quotation; the modern High Court/area bridge and 2001 proviso/repeal are supported by primary legislation. Complete current official consolidation, designation procedure/status, actual jurisdiction facts, local rules and all broader acceptance remain held.
END C_ZA PASS-21
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 →Route · Required connection with the court’s area · Relevant time · 2 data rows
| Route | Required connection with the court’s area | Relevant time |
|---|---|---|
| §149(1)(a) | Debtor is domiciled there, or owns property there, or is entitled to property there | Date the surrender/sequestration petition is lodged with the registrar |
| §149(1)(b) | Debtor ordinarily resided there, or carried on business there | At any time within the twelve months immediately preceding lodgment |
Instrument or judgment · What P21 actually establishes · What it does not establish · 9 data rows
| Instrument or judgment | What P21 actually establishes | What it does not establish |
|---|---|---|
| §149(1) in Chapman, 2016 | Core and proviso quoted; jurisdiction applied on residence/business facts | Complete current consolidation or every Division’s practice |
| §149(1) in Mel Properties, 2025 | Core/proviso quoted; §149(1)(b) applied to business connection | Foreign designation decision or a rule that every directorship suffices |
| Act42/2001 §§2,47 | Enacted fuller proviso and repeal of original Cross-Border Act §33 | Complete later amendment/commencement chain |
| Original Cross-Border Act §§1–2,34 | Gazette designation mechanism and proclamation commencement structure | Current amended approval/withdrawal rules or actual designated-State list |
| Act55/2003 §30 | Material amendment identified | Operative text and commencement not closed |
| Superior Courts Act §§2,6,53 | Modern institutional interpretation and Gazette-defined areas | Actual current jurisdiction boundaries for a selected court |
| §149(2) in Smith, 2013 | Exact own-order power quoted; relief refused on those facts | Automatic rescission or a complete current remedial code |
| Courtney, SCA 2024 | Particular order remained effective; no adequate rescission case; conditional lower orders set aside | Every defect is cured or every order is immune from challenge |
| §151 in Mayo, P19 reuse | Different Master/presiding-officer review route | Initial surrender jurisdiction or cross-court variation |
No. · Assumed facts · Conditional analysis · 6 data rows
| No. | Assumed facts | Conditional analysis | Adverse branch and missing evidence |
|---|---|---|---|
| 1 — Domestic nexus, another court asserted | At lodgment, a debtor is domiciled in Area A. A party says Area B is more convenient. | On the quoted §149(1)(a), Area A’s nexus is potentially present. The domestic proviso raises a separate equitable/convenient refusal-or-postponement question. C002–C004, C012. | Convenience does not erase or create jurisdiction automatically. Missing: actual domicile, current area notices, evidence supporting the alternative and applicable procedural authority. |
| 2 — Domestic nexus disputed | A debtor moved away; it is unclear whether ordinary residence or business continued in the preceding twelve months. | The filing-date and look-back alternatives must be tested separately. A failed present-residence argument does not necessarily defeat a proven business look-back. C002–C007. | A mailing address, company connection or occasional visit may not prove the relevant legal fact. Missing: dates, activities and actual property rights. |
| 3 — Historical foreign connection, no designation proof | Debtor lived abroad years earlier; a party asserts that the foreign State is “not designated.” | The foreign proviso requires the relevant domicile, not any historical connection, plus reliable designation-status evidence. C013, C016–C019. | No notice was produced; absence from a search is not proof of non-designation. No foreign-forum conclusion follows. |
| 4 — Domestic connection plus foreign domicile | A debtor owns qualifying property in Area A when filing and is assumed domiciled in State F. | Domestic nexus and possible foreign-forum discretion are separate. If non-designation and equitable/convenient treatment are properly established, the court may refuse or postpone. C002, C013–C019. | If State F’s status is unknown, the foreign proviso is not factually established. If designated, other law may matter; no recognition result is supplied. |
| 5 — Different court asked to change order | Court A made an Insolvency Act order; an applicant asks Court B to vary it solely under §149(2). | “Made by it” does not itself establish Court B’s power. C021–C024. | Court identity, lawful transfer, appeal or review may provide a different route, but none is assumed. This is not a requirement to return to the same individual judge. |
| 6 — Master office known, court nexus unknown | Applicant has identified a Master’s office and an online publication channel, but no court-area connection is proved. | Administrative readiness does not supply §149 jurisdiction. The Master-report and publication issues remain distinct from court competence. C010–C011, C025–C026. | Missing: current court area, debtor nexus and relevant court process. No filing-ready conclusion follows. |
P19 row · Supplied original position · P21 replacement/status · 5 data rows
| P19 row | Supplied original position | P21 replacement/status |
|---|---|---|
| C_ZA-P19-J01 — Current official §149 core | Partial — C001–C002; operative official consolidated body required | Partial, materially strengthened. Final primary judgments quote and apply §149(1), including a 2025 application. Complete current official statutory body remains missing. P21 C001–C008. |
| C_ZA-P19-J05 — Foreign alternative forum | Partial — C003,C036; designation and foreign nexus needed | Still partial. Enacted proviso and original Gazette-designation mechanism read. Actual State designation status, amended procedure and complete commencement chain remain unconfirmed. P21 C013–C020. |
| C_ZA-P19-J07 — §149(2) variation/rescission | Partial — C006; current primary text/procedure needed | Primary quotation now obtained; currentness/application still partial. Smith para6 quotes exact text; “made by it,” discretion and no automatic outcome are preserved. P21 C021–C024. |
| C_ZA-P19-D01 — Complete current Insolvency Act | §149 and court-definition primary chain incomplete | Hold narrowed, not closed. Modern High Court terminology/area bridge verified in official Superior Courts Act; exact current Insolvency Act definition and complete §149 chain still missing. |
| C_ZA-P19-D13 — Foreign law/designations/recognition | Only §149 proviso boundary; A098 held | Hold retained with added designation-source detail. Original §2 mechanism read; actual designations and material amended approval/withdrawal body remain unresolved. No recognition dossier or A098 acceptance. |
P19 claim · Exact replacement or retained qualification · 5 data rows
| P19 claim | Exact replacement or retained qualification |
|---|---|
| C_ZA-P19-C001 — replace | P19 recovered §149’s core only through a secondary reproduction. P21 adds fresh final judicial quotations and applications in Chapman and Mel Properties. No complete current official Insolvency Act consolidation is claimed. |
| C_ZA-P19-C002 — replace | Section 149(1), as quoted in those judgments, distinguishes filing-date domicile/ownership/entitlement from ordinary residence or business at any time within the immediately preceding twelve months. These are alternative connections; actual nexus and current court-area evidence remain required. |
| C_ZA-P19-C003 — retain and augment | Act42/2001 §2 supplies the enacted domestic/foreign refusal-or-postponement proviso. P21 separately reads the original Cross-Border designation mechanism but does not establish current designation status or a complete amended procedure. |
| C_ZA-P19-C006 — replace | Section149(2) is freshly quoted in the final Smith judgment: the court may rescind or vary an order made by it under the Act. This is a discretionary own-order power, not automatic relief or an established power in a different court. |
| C_ZA-P19-C036 — replace | Foreign designation status, the full material commencement/amendment chain and recognition consequences remain unresolved. P21 identifies Act55/2003 §30 as a material unread amendment and does not turn an unsuccessful designation search into a finding that none exist. |
ID · Issuer/title and full literal HTTPS URL · Actual reading and locator · 19 data rows
| ID | Issuer/title and full literal HTTPS URL | Actual reading and locator | Status and limitation |
|---|---|---|---|
| C_ZA-P21-S001 | Western Cape High Court, Mel Properties 100 (Pty) Ltd v van der Walt and Another [2025] ZAWCHC366, 19 Aug2025. https://semantis.ai/resources/53880.pdf | Paras12–40; §149 quote zero P4–P5; holding para40 zero P12; provisional order para60 zero P18–P19. Images inspected. Printed page labels not shown. | Fresh final judicial opinion on non-official mirror. Mangcu-Lockwood J, single judge. Jurisdiction established through business look-back; provisional order granted. No final designation holding or full citator. |
| S002 | Gauteng High Court, Chapman Fund Managers (Pty) Ltd and Another v Phala, 11 Nov2016. https://semantis.ai/resources/32205.pdf | Paras11–12, zero P4–P5 / printed pp5–6; rule-nisi order continuation zero P17/printed18. Images read. | Fresh final judicial opinion on mirror. Avvakoumides AJ, single judge. Jurisdiction applied; provisional order/rule nisi. No all-local practice finding. |
| S003 | KwaZulu-Natal High Court, Smith v National Urban Reconstruction and Housing Agency and Others, 22 May2013. https://semantis.ai/resources/35289.pdf | Para6, zero P2/printed3; paras24–25 outcome, zero P10/printed11; date P11/printed12. Target P2 image failed; parsed text read. | Fresh final opinion, Lopes J. Exact §149(2) quoted; application dismissed. Other successfully viewed pages do not make the failed target a pixel read. |
| S004 | SCA, Courtney v Boshoff NO and Others [2024] ZASCA104, 21 June2024. https://www.supremecourtofappeal.org.za/index.php/component/jdownloads/send/94-judgements-2024/4280-eamonn-courtney-v-izak-johannes-boshoff-no-others-483-2023-2024-zasca-104-21-june-2024?Itemid=0 | Paras18,23–25,28,30–31; zero P12/printed13 and P14/printed15 images; order P1/printed2. | Fresh official final unanimous judgment, Nicholls JA, four concurrences. Principal appeal dismissed; specified contingent lower orders set aside. Narrow non-nullity boundary only. |
| S005 | Parliament/Presidency, Judicial Matters Amendment Act42/2001, GG22912, GoN1313, 7 Dec2001. https://www.gov.za/sites/default/files/gcis_document/201409/a42-010.pdf | §2 zero P2/GG4; §§47–48 zero P12/GG24, images read. | Fresh enacted body. Later text reopen failed, without undoing successful body/image reads. Complete general/later commencement chain not certified. |
| S006 | Justice, Superior Courts Act10/2013, amended compilation. https://www.justice.gov.za/legislation/acts/2013-010.pdf | §1 zero P1; §2(3) P2; §6(3) P3; §§50–53 P15. Images read. Printed labels unverified. | Fresh official-hosted legislative compilation, May2025 marker. Header commencement23 Aug2013 attributed; underlying proclamation not freshly read. Actual area notices not examined. |
| S007 | Parliament/Presidency, original Cross-Border Insolvency Act42/2000. https://cisp.cachefly.net/assets/articles/attachments/03534_crossboronsact42.pdf | §1(i) zero P3/printed6; §§2(2)–(4),4,7 P4/printed8; §§33–34 P11/printed22. Images read. | Fresh primary enactment reproduction on non-official host. Original, not amended current text. |
| S008 | Justice, Judicial Matters Second Amendment Act55/2003, GG26206, GoN428, 31 Mar2004. https://www.justice.gov.za/legislation/acts/2003-055.pdf | Initial document/header obtained; relevant §30 body not verified after subsequent retrieval/image failures. | Partial source access. Amendment identity located; exact current amended designation terms not adopted. |
| S009 | SCA, Mayo NO v De Montlehu [2015] ZASCA127, 23 Sept2015. 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 | Para6, zero P3/printed4. | Precisely attributed P19 reuse, accessed there27 Oct2026 and selected by coordinator. Not freshly reopened P21. Only statutory review-route distinction used. |
| S010 | gov.za, original Cross-Border Act PDF. https://www.gov.za/sites/default/files/gcis_document/201409/a42-000.pdf | Timeout; no body. | Failed official route. Successful primary reproduction is S007. |
| S011 | Justice, Cross-Border Act compilation. https://www.justice.gov.za/legislation/acts/2000-042.pdf | Direct fetch failed. Search metadata identifies §2 amendment by Act55/2003 §30. | Failed body/discovery-only amendment locator. No current amended section inferred. |
| S012 | gov.za, Cross-Border Insolvency Act legislative record. https://www.gov.za/documents/cross-border-insolvency-act | Search metadata gives28 Nov2003/GG25768; direct page fetch failed. | Metadata only. Underlying commencement proclamation not read. |
| S013 | gov.za, Act55/2003 PDF candidate. https://www.gov.za/sites/default/files/gcis_document/201409/a55-03.pdf | Failed fetch; no body. | Different official alternate. Does not close §30 gap. |
| S014 | gov.za, Judicial Matters Second Amendment Act metadata. https://www.gov.za/documents/judicial-matters-second-amendment-act | Search metadata identifies commencement arrangements; direct body failed. | Discovery only. No exact operative amendment date certified from it. |
| S015 | Justice, Constitution PDF. https://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng.pdf | Failed body. | Unresolved general commencement-law candidate. No default rule derived. |
| S016 | Justice, Constitution Chapter4 HTML. https://www.justice.gov.za/constitution/chp04.html | Failed alternate. | No §81 body read. General commencement proof remains limited. |
| S017 | SAFLII, official-law-repository route to Mel Properties. https://www.saflii.org/za/cases/ZAWCHC/2025/366.html | HTTP403; no body. | Failed repository route. Final opinion read on S001 mirror. |
| S018 | SAFLII, route to Chapman. https://www.saflii.org/za/cases/ZAGPPHC/2016/1016.html | HTTP403; no body. | Failed repository route. Final opinion read on S002 mirror. |
| S019 | gov.za, Act42/2001 legislative metadata. https://www.gov.za/documents/judicial-matters-amendment-act-1 | Fresh search metadata only; P19 failed page route not retried. | Discovery-only overlay. Publication/metadata dates do not replace a complete commencement chain. |
Claim · Exact proposition, actor and effect · Evidence/pinpoint · 30 data rows
| Claim | Exact proposition, actor and effect | Evidence/pinpoint | Continuing limit |
|---|---|---|---|
| C_ZA-P21-C001 | Primary final judgments now quote/apply §149(1); evidence is no longer solely a read-aid. | S001 paras12,40; S002 paras11–12 | Not complete current consolidation |
| C002 | Filing-date nexus is domicile, ownership or entitlement to property within court area. | S001 P5; S002 P4 | Actual legal facts required |
| C003 | Look-back nexus is ordinary residence or business at some time in preceding twelve months. | Same | Not a required twelve-month duration |
| C004 | The connections are alternatives and use registrar lodgment as temporal anchor. | §149(1) quoted in S001/S002 | Exact filing and facts unknown |
| C005 | Chapman applied the residence/business connection and issued provisional relief. | S002 paras11–12/order | Single-judge dated holding |
| C006 | Mel Properties applied §149(1)(b) in2025 and granted provisional sequestration. | S001 para40,60 | Not foreign-designation decision |
| C007 | A company relationship or address alone does not prove the debtor’s personal property/business nexus. | S001 paras24–40 | Actual rights/activities required |
| C008 | Exact current Insolvency Act Court definition remains unconfirmed. | Source gap | Modern bridge does not erase gap |
| C009 | Superior Courts §53 converts older court references contextually. | S006 §53, P15 | Exact court/seat still needed |
| C010 | Gazette-defined Divisional areas can cross provincial boundaries. | S006 §6(3), P3 | Actual notices not read |
| C011 | Specific superior-court legislation can prevail under §2(3). | S006 P2 | Insolvency nexus still applies |
| C012 | Domestic proviso permits refusal/postponement where another domestic court is equitable/convenient. | S005 §2 | Jurisdiction first; no automatic transfer |
| C013 | Foreign proviso requires foreign domicile, non-designation and equitable/convenient foreign treatment. | S005 §2 | Actual status/facts unknown |
| C014 | Act42/2001 §47 repealed original Cross-Border §33. | S005 P12; S007 P11 | Do not use original amendment alone |
| C015 | Complete general/material commencement chain remains open. | S005 §48; failed sources | Later judicial use is not exhaustive chain |
| C016 | Original designation mechanism requires Ministerial Gazette notice and statutory satisfaction. | S007 §§1(i),2(2), P3–P4 | Current amended procedure held |
| C017 | Material Act55/2003 §30 amendment was identified but not fully read. | S008,S011,S013 | Approval/withdrawal current text unresolved |
| C018 | Commencement of Cross-Border Act is separate from State designation. | S007 §34; S012 metadata | Proclamation body not read |
| C019 | No current State designation or exhaustive no-designation finding was established. | Search audit | Unknown is not non-designated |
| C020 | Missing designation does not decide every other-law assistance route. | S007 §7 | Full recognition law deferred |
| C021 | §149(2) permits court to rescind/vary its own Act orders. | S003 para6, P2/printed3 | Power, not automatic relief |
| C022 | Smith rejected relief on its facts; applicant argument was not holding. | S003 paras5–6,24–25 | No full current rescission test supplied |
| C023 | “Made by it” does not itself authorise another court; same individual judge is not inferred. | §149(2) text/inference | Court identity and separate routes held |
| C024 | Courtney rejects automatic-nullity conclusion for its particular irregularity. | S004 paras23–25,30–31 | Not universal cure/validity rule |
| C025 | Master office, publication or readiness does not supply §149 nexus. | C002–C011 distinction | P19 procedure unchanged |
| C026 | §151 review of Master/presiding officer differs from §149 jurisdiction/own-order power. | S009 P19 reuse, para6 | Full review merits/procedure held |
| C027 | Fictional models separate nexus, discretion and missing facts. | C002–C026 | No live court selection |
| C028 | No complete later statutory or case citator was performed. | Source/read audit | Currentness limits retained |
| C029 | Only identified P19 rows/claims receive this overlay; P20 not adopted. | Crosswalk | Original raw provenance preserved |
| C030 | No actual record, contact, filing or publication occurred; broader acceptance remains held. | Research-method record | No operational approval |
Row · Question · Status / claims · 12 data rows
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| J01 | Primary §149(1) core | Partial, strengthened — C001 | Complete current official statutory body |
| J02 | Registrar-lodgment date | Answered in quoted text — C004 | Actual lodgment evidence |
| J03 | Domicile at filing | Conditional — C002 | Actual domicile facts/law |
| J04 | Ownership/entitlement | Conditional — C002,C007 | Debtor’s legal property right |
| J05 | Ordinary residence look-back | Conditional — C003 | Actual dates and ordinary residence |
| J06 | Business look-back | Conditional — C003,C006 | Actual activity and dates |
| J07 | Alternative rather than cumulative tests | Answered — C004 | No automatic factual conclusion |
| J08 | Exact Insolvency Act Court definition | Unresolved — C008 | Current official definition |
| J09 | Modern court-reference bridge | Answered at statutory level — C009 | Contextual application |
| J10 | Division/seat/area notices | Partial — C010 | Current applicable notices |
| J11 | Specific-law interaction | Answered boundary — C011 | Actual conflict, if any |
| J12 | Local application | Unresolved — C008–C011 | Actual court and private nexus |
Row · Question · Status / claims · 12 data rows
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| F01 | Act42/2001 proviso | Fresh primary body — C012–C014 | Complete later chain |
| F02 | Domestic alternative court | Conditional — C012 | Equitable/convenient facts |
| F03 | Foreign domicile | Conditional — C013 | Actual domicile |
| F04 | Non-designated-State condition | Conditional — C013,C019 | Gazette status at relevant time |
| F05 | Refuse/postpone versus transfer | Boundary answered — C012–C013 | Separate transfer authority |
| F06 | Original Cross-Border §33 | Historical only — C014 | Do not treat as unrepealed current rule |
| F07 | 2001 repeal of §33 | Answered as enacted text — C014 | Commencement reconciliation |
| F08 | Act42/2001 commencement | Partial — C015 | General and later operative chain |
| F09 | Gazette designation mechanism | Original primary rule read — C016 | Current amended text |
| F10 | Approval/withdrawal amendment | Unresolved — C017 | Act55/2003 §30 and commencement |
| F11 | Cross-Border Act commencement | Metadata-supported, primary gap — C018 | Proclamation body |
| F12 | Actual current designation status | Unresolved — C019–C020 | Official notices/withdrawals/current inventory |
Row · Question · Status / claims · 6 data rows
| Row | Question | Status / claims | Exact remaining evidence |
|---|---|---|---|
| R01 | Exact §149(2) text | Primary judicial quotation obtained — C021 | Current official consolidation |
| R02 | Own court versus different court | Boundary answered — C023 | Court identity/other jurisdiction |
| R03 | Discretion versus entitlement | Answered narrowly — C021–C022 | Actual grounds and procedure |
| R04 | Automatic-nullity/cure claim | Rejected as universal inference — C024 | Actual defect and remedy |
| R05 | §151 distinction | Retained dated primary reuse — C026 | Actual decision/standing/notice |
| R06 | Master office/publication | Not jurisdictional substitute — C025 | Independent §149 proof |
Row · Workflow · Status / claims · 6 data rows
| Row | Workflow | Status / claims | Missing fact |
|---|---|---|---|
| W01 | Domestic nexus/other domestic court | Conditional — C002,C012 | Nexus and convenience evidence |
| W02 | Disputed domestic nexus | Unresolved factual application — C002–C007 | Dates, activities, rights |
| W03 | Historical foreign connection | Insufficient as assumed — C013,C019 | Domicile and designation |
| W04 | Domestic plus foreign forum | Conditional — C012–C020 | Verified foreign branch predicates |
| W05 | Different court altering order | Not established by §149(2) alone — C021–C024 | Correct court and separate route |
| W06 | Master office known | Insufficient jurisdiction proof — C025 | Current court area and debtor nexus |
Row · Matter · Status / claims · 6 data rows
| Row | Matter | Status / claims | Next action |
|---|---|---|---|
| M01 | Symbolic nexus model | Conditional only — C027 | Actual evidence |
| M02 | Symbolic discretion model | Conditional only — C027 | Designation and judicial assessment |
| M03 | Five P19 coverage replacements | Completed overlay — C029 | Same-coordinator review |
| M04 | Five P19 claim replacements | Completed overlay — C029 | Preserve originals/history |
| M05 | Full currentness/citator | Unresolved — C028 | Focused remaining primary retrieval |
| M06 | No actual action/acceptance | Confirmed boundary — C030 | None performed |
Row · Family · Exact retained hold · 12 data rows
| Row | Family | Exact retained hold |
|---|---|---|
| D01 | Complete current Insolvency Act | Exact current Court definition and whole §149 chain incomplete |
| D02 | Material amendment commencement | Act42/2001 general chain and Act55/2003 §30 commencement not fully verified |
| D03 | Current foreign designations | No exhaustive positive or negative State-status finding |
| D04 | Full foreign insolvency recognition | No Model Law/common-law recognition dossier |
| D05 | Full rescission/Rule31/Rule42 | Own-order boundary only |
| D06 | Full §151 review | No merits, standing or timing determination for an actual decision |
| D07 | Division transfer/appeal | Proviso is not treated as a complete transfer mechanism |
| D08 | Master report/publication/readiness | P19’s existing findings and holds unchanged |
| D09 | Surrender/sequestration merits | No financial, creditor-advantage, asset or order entitlement rerun |
| D10 | Actual private jurisdiction facts | No domicile, property, company, estate or docket investigated |
| D11 | P20 and other unreviewed reports | Not adopted as premises |
| D12 | Parent/country/A066/A097/A098 acceptance | Held; no operational or publication approval |
Province · Status · Next local evidence needed · 9 data rows
| Province | Status | Next local evidence needed |
|---|---|---|
| Eastern Cape | Unexamined locally | Current Division/seat area notice and applicable jurisdiction/procedural direction |
| Free State | Unexamined locally | Current area, seat and local filing facts |
| Gauteng | Not certified locally | Chapman is a dated primary holding, not a current all-seat practice audit |
| KwaZulu-Natal | Not certified locally | Smith supplies a narrow dated quotation, not current rescission/local procedure |
| Limpopo | Unexamined locally | Current area/seat notices and actual nexus |
| Mpumalanga | Unexamined locally | Current area/seat notices and actual nexus |
| Northern Cape | Unexamined locally | Current area/seat notices and actual nexus |
| North West | Unexamined locally | Current area/seat notices and actual nexus |
| Western Cape | Not certified locally | Mel Properties is a particular 2025 jurisdiction application, not all-local verification |
Deliverable · Actual displayed count · 12 data rows
| Deliverable | Actual displayed count |
|---|---|
| P21 source-register rows | 19 |
| New atomic claims | 30 |
| Core coverage rows | 42 |
| Separate deferred/hold rows | 12 |
| Provincial/local rows | 9 |
| Total coverage/hold rows | 63 |
| Fictional workflows | 6 |
| Symbolic gateway models | 2 |
| P19 coverage-row replacements | 5 |
| P19 claim-cell replacements | 5 |
| Authority/status comparison rows | 9 |
| Actual court selections, filings or legal outcomes | 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.
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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
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
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
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.
scoped review complete one material 2 3 scope repair pending
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: Natural-person voluntary surrender of an estate: national statutory gateway · G1.1 What voluntary surrender is · Deceased-estate boundary
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: 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: 343775489c14415c79fe7625118ad3d51f4afb8b9510761200a2608939f41011. Public formatting, private-reference removal and correction annotations are separate from that immutable original.