A Directive was issued in February 2019 to make provision for a full court to sit to hear and determine two (2) debt review court applications to be declared not over-indebted and to clarify the position and practices pertaining to similar applications. A further purpose of the Directive is, amongst others, to set timelines for the filing and service of further processes regarding conduct of the applications.
A number of legal issues will be raised in order to obtain clarity, especially due to the conflicting judgments that have been handed down in various Divisions – This relating to whether a High Court is able to make an Order confirming that an applicant is no longer over-indebted, where no valid declaration of over-indebtedness is before the court.
We will provide an update once the judgments have been made.
