A common misconception surrounding an ante nuptial contract is that it provides married parties some protection when insolvency ensues. However, this is not necessarily the case. As many a solvent spouse discovers upon insolvency of their partner, the policy of the collection of maximum assets for the advantage of creditors actually overwhelms all other policies in South African insolvency law.

In a recent judgement delivered by the Commercial Division of the Supreme Court in Atelier Etude Limousin & Ors vs BPCE International Et Outre Mer & Anor 2014 SCJ 166 the court confirmed the prevailing practice that foreign companies could be granted fixed or floating charges by Mauritian entity as security for a financing.

A long dispute between a father and son, which progressed through various courts, culminated in an application focusing on the court’s powers under section 387(3) of the old Companies Act (61 of 1973). That dispute was heard in the Western Cape High Court, which gave judgment on 10 July 2024 in the matter of Jurgens Johannes Steenkamp N.O. & 3 others v Mark Wehrley & 3 others.