MRL3701:

Online Teaching and

Learning:
Introduction Lesson:

Introduction
to Insolvency
Law
 WELCOME!
• Welcome to MRL3701 – Insolvency Law

• Primary Lecturer is Mrs Z Taljaard:

– taljaz@unisa.ac.za / (012) 429 4584

• NB: Important information:

– Assessment questions are posted under Announcements
– Due dates of assessments are posted under the Assessment
tab
– Visit Moodle site regularly – ensure you stay up to date with
announcements and study material
– We work from the prescribed Hockly’s textbook, Study Guide,
Tutorial Letters etc. This includes Legislation and Case Law
– NO TIPS, but best tip? Start studying immediately / follow
weekly teachings
 Way forward! Online Teachings
• Official Study Material / Additional Resources
– To be posted weekly (every week a new Learning Unit)
• Discussion Forums
– Discussion Forum Platform interactions on Moodle
• Online Discussion Teaching
– Weekly Narrated PowerPoint Lectures on all Learning Units
– Teaching and Revision PDF’s on Moodle
– Self-test questions (not compulsory / do no submit)
– Self-test questions suggested model answers for self evaluation
• Online Microsoft Teams live classes
– Times & dates will differ to serve all students
– Classes will be communicated timeously
 Debt collection Road Map

Individual Collective
(Sequestration)

Various Methods

Attempts by creditors before

sequestration

Insolvency Debtor’s Estate

Assets Liabilities
(Fairly (Fairly
valued) valued)

Sequestration Sequestration

Voluntary Compulsory
Surrender Sequestration
(Debtor (Creditor
applies) applies)

Sequestrating – Court Order

Legal position of Insolvent Sequestration curtails capacity to enter

into contracts/earn a living/litigate/
hold office

Administration Vesting of Assets of Insolvent/Spouse/

Uncompleted Contracts/Proceedings/
Meetings of Creditors/ Proof of Claims/
Election of Trustee/Impeachable/
Voidable Dispositions/
Types of Creditors and their ranking

Composition and Composition and Rehabilitation

Rehabilitation
 Guidelines on answering a question that
requires you to discuss a court case
1. A summary of the facts
• In their judgments, judges usually include a very detailed
discussion of the facts before the court. Your summary should not
be as detailed but should indicate the relevant information in the
context of the topic that you are required to discuss. Do not get lost
in the detail.
• In general, your summary of the facts should not exceed one
paragraph.
2. The legal question
• You need to move away from the facts now and concentrate on
what the legal question is that the case focuses on.
• This question will usually be only one line, such as: Can a written
contract be amended verbally?
 Guidelines on answering a question that
requires you to discuss a court case (cont)
3. The court's reasons for its decision (ratio decidendi)
• This part will form the largest part of the summary, because legal
research is mainly interested in the reasoning of the court and not
so much the outcome in this one particular case. Because of the
system of precedent, this is the part of the judgment that will be
used in other cases. You will need to find the essence of the
argument used and summarise that.
• You need not include the various parties' arguments as well – you
are interested in what the judge decides and how he decides it.
4. The finding/judgment
• This part will also be a one-line summary merely stating, for
example, that "the court found in favour of the plaintiff" and so forth.
Please send any questions or comments to Mrs Taljaard to
taljaz@unisa.ac.za