In my earlier piece for Business Day and TimesLIVE (read here) last year, I argued that South Africa’s insolvency framework, from the enduring Insolvency Act of 1936 to the Companies Act’s business rescue provisions and the Cross-Border Insolvency Act of 2000, gives us genuine reason for pride.
Business rescue regime in South African law, was established in the Companies Act of 2008 to prevent the liquidation of financially distressed companies and to facilitate their restructuring and revival. Business rescue is not just a legal process, but a lifeline for struggling businesses. The primary goal of business rescue is to maximize the chances of a company's successful recovery while also considering and minimizing any potential harm to stakeholders, who are not just participants, but key contributors to the process.