The judgment concerns an application under section 354 of the Companies Act 61 of 1973 to set aside the creditors' voluntary winding-up of Bakgatla-Ba-Kgafela Strategic Investment Company (Pty) Ltd. The Court held that the Gauteng Division, Pretoria lacked jurisdiction and ordered the proceedings to be removed to the High Court of South Africa, North West Division, Mahikeng.
This may be relevant to company liquidation and winding-up matters, as well as jurisdiction and forum questions in proceedings involving BBKSIC.
Evidence from source
an application, launched on 9 November 2023 and brought in terms of section 354 of the Companies Act 61 of 1973 ("the 1973 Act"), to set aside the creditors' voluntary winding-up of Bakgatla-Ba-Kgafela Strategic Investment Company (Pty) Ltd
Supports: plain_summary: the case concerns a section 354 application to set aside the voluntary winding-up.
I conclude that this Division lacks jurisdiction to determine the section 354 application and the conditional counter-application
Supports: plain_summary: the Court found the Gauteng Division lacked jurisdiction.
within 15 court days of the date of this order, to approach the Judge President of the North West Division, Mahikeng
Supports: deadline_detected: the order contains a 15 court day direction, but it is not an explicit calendar deadline.