Mokasule N.O. and Others v Botha N.O. and Another (CCT 212/24) [2026] ZACC 36 (11 September 2026)
The Constitutional Court granted leave to appeal and upheld the appeal in a matter concerning the final sequestration of the Mokasule Investment Trust. It set aside the Supreme Court of Appeal and High Court orders and remitted the sequestration application to the High Court to be heard by a different judge. The judgment refers to section 8 of the Insolvency Act, factual insolvency and a failure of proper consideration.
This may be relevant to insolvency and sequestration matters, especially where the reasoning of a lower court and the treatment of facts are in issue.