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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.
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Cited documents 12
Judgment 9
- Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14 (3 June 2009)
- Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd [2019] ZACC 15 (16 April 2019)
- Harrielall v Universtity of Kwazulu-Natal [2017] ZACC 38 (31 October 2017)
- Minister of Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others [2018] ZACC 20 (5 July 2018)
- Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18 (10 June 2014)
- 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)
- Rustenburg Platinum Mine v SAEWA obo Bester and Others [2018] ZACC 13 (17 May 2018)
- Schwartz v Schwartz (63/84) [1984] ZASCA 79 (17 August 1984)
- The Citizen 1978 (Pty) Ltd and Others v McBride [2011] ZACC 11 (8 April 2011)
Legislation 3
Documents citing this one 4
Judgment 4
- Fezi Consultants & Auditors (PTY) LTD v Centlec (SOC) LTD (1318/2022) [2023] ZAFSHC 250 (27 December 2023)
- Helen Suzman Foundation v Speaker of National Assembly and Others (484/2021) [2023] ZASCA 6 (3 February 2023)
- Melane v Deputy Registrar: Governance and Legal Services of Fort Hare University and Others (264/2022) [2023] ZAECBHC 19 (8 August 2023)
- South African Human Rights Commission and Others v Madibeng Local Municipality and Others (21099/2017) [2024] ZAGPPHC 61 (17 January 2024)