Chapter 7: Remedies and Enforcement
Part A: General principles

s158: Remedies to promote purpose of Act

  • () When determining a matter brought before it in terms of this Act, or making an order contemplated in this Act:
    • (a) a court must develop the common law as necessary to improve the realization and enjoyment of rights established by this Act; and
      • (b) the Commission, the Panel, the Companies Tribunal or a court:
        • (i) must promote the spirit, purpose and objects of this Act; and
          • (ii) if any provision of this Act, or other document in terms of this Act, read in its context, can be reasonably construed to have more than one meaning, must prefer the meaning that best promotes the spirit and purpose of this Act, and will best improve the realisation and enjoyment of rights

        Related Sections

        s132: Duration of business rescue proceedings

        Related Regulations

        No related regulations.

        Related Notes

        No related note.

        Related Forms

        CoR132.1: Application for ADR
        CoR132.2: Referral by Commission or Panel for ADR
        CoR132.3: Certificate of failed ADR