Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others (693 of 2015) [2016] ZASCA 196 (2 December 2016)

Administration of insolvent estates – Master’s panel of persons suitable for appointment as liquidator or trustee – compilation of panel constitutes administrative action as envisaged by the Promotion of Administrative Justice Act 3 of 2000 (PAJA) – appellant removed from the panel – factors relevant to such removal including appellant’s dishonesty and his disqualification as a liquidator or trustee – appellant’s challenge to his removal from the panel dismissed. Appellant also having applied to the Master to be reinstated to the panel – Master
refusing to do so – this decision not challenged by the appellant under PAJA – Master’s decision not to reinstate renders nugatory the appellant’s claim based on earlier removal. Costs – appellant contending he ought not to pay costs if unsuccessful as he sought to enforce a constitutional right –factors relevant to discretion in such cases – appellant ordered to pay the costs.

Company – Winding-up – s 83(10) of the Insolvency Act 24 of 1936 –set-off – whether a creditor who has realised its security in terms of s 83(3) can claim set-off of a post-liquidation debt owed to it against the amount of the proceeds of the realisation of the property that it is obliged to forthwith pay to the trustee or liquidator in terms of s 83(10)