Judicial management in South Africa : its origin, development and present day practice and a comparison with the Australian system of official management
Judicial management is a system which aims at rehabilitating a company which has got into difficulties and in normal circumstances would be wound-up if the system did not exist. When judicial management was introduced into South African companies' legislation in 1926, it was unique to South Africa. It was subsequently adopted by Rhodesia who based their companies' legislation on the South African companies' legislation and in the early 1960's a similar system, known as Official Management, was introduced into Australian Companies' legislation. This dissertation looks at the origins of judicial management and traces its development over the years to the present day, and its incorporation into other spheres of legislation, namely, Banking legislation Building Society legislation and Insurance legislation. It examines in detail the present system of Judicial Management and Official management and highlights the deficiencies in and recommends improvements to the Judicial Management provisions of the South African Companies Act.
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