Chapter 6: Business Rescue and Compromise With Creditors
Part B: Practitioner's functions and terms of appointment

s139: Removal and replacement of practitioner

  • (1) A practitioner may be removed only:
    • (a) by a court order in terms of section 130; or
      • (b) as provided for in this section.
      • (2) Upon request of an affected person, or on its own motion, the court may remove a practitioner from office on any of the following grounds:
        • (a) Incompetence or failure to perform the duties of a business rescue practitioner of the particular company;
          • (b) failure to exercise the proper degree of care in the performance of the practitioner's functions;
            • (c) engaging in illegal acts or conduct;
              • (d) if the practitioner no longer satisfies the requirements set out in section 138(1);
                • (e) conflict of interest or lack of independence; or
                  • (f) the practitioner is incapacitated and unable to perform the functions of that office, and is unlikely to regain that capacity within a reasonable time.
                  • (3) The company, or the creditor who nominated the practitioner, as the case may be, must appoint a new practitioner if a practitioner dies, resigns or is removed from office, subject to the right of an affected person to bring a fresh application in terms of section 130(1)(b) to set aside that new appointment.

                    Related Sections

                    s130: Objections to company resolution
                    s138: Qualifications of practitioners

                    Related Regulations

                    No related regulations.

                    Related Notes

                    No related note.

                    Related Forms

                    No related forms.