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Diener no/ the Minister of justice in the supreme court of appeal

September 23, 2017

The all important case of Diener NO was set down for hearing in Bloemfontein on 23 August 2017.

On the said date the full bench of the Supreme Court of Appeal tasked with this matter indicated that, due to the complexity of the matter and the interest of liquidators, business rescue practitioners as well as secured creditors in the matter, they proposed that anamicus curiae be appointed to argue as the proverbial counter weight in finalising the matter.

The court requires the matter to be properly ventilated on a new date that will be confirmed in due course. The court indicated that they were not satisfied that FNB, as the only secured creditor, was not before court as part of the proceedings. The court indicated that they would prefer FNB to be joined to the proceedings.

The matter was postponed sine die for the reasons stated above and for FNB to be joined to the proceedings (should FNB wish to partake in the proceedings) and for an amicus curiae to be appointed.

The court indicated that it will provide direction for the further filing for heads of argument and that a date in November 2017 for the hearing will be likely.

Some of the attendees on the steps of the Supreme Court of Appeal

From Left to right

  • Cloete Murray – Sechaba
  • Conrad van Staden – Sechaba (front)
  • Thomas Murray – Law Student (back)
  • Braam van Rensburg – BVR Business Rescue (front)
  • Danie van Jaarsveld – BRP Bloemfontein (back)
  • George Nell – Corporate Business Rescue (middle)
  • Werner Cawood – Cawood Attorneys (front)
  • Professor Juanitta Calitz– UJ (middle)
  • Thomas Samons – RestructuringSA (front)
  • Judges Clerk (back)
  • Gert de Wet – Kaap Vaal Trust (front)
  • Attie Schlechter – AS Inc (back)