Mars The Law of Insolvency in South Africa Eberhard Bertelsmann, Juanitta Calitz, Roger G. Evans, Adam Harris, Michelle Kelly‐Louw, Anneli Loubser, Elmarie de la Rey, Melanie Roestoff, Alastair Smith, Leonie Stander and Lienne Steyn Juta, Claremont (10th ed.) (2019, 954 pp, £295, ISBN 978‐1‐48512‐659‐1

• DOI: http://doi.org/10.1002/iir.1365
• Published date: 01 May 2020
• Date: 01 May 2020
• Author: Sanrie Lawrenson

BOOK REVIEW

Mars The Law of Insolvency in South Africa

Eberhard Bertelsmann jJuanitta Calitz jRoger G. Evans jAdam Harris j

Michelle Kelly-Louw jAnneli Loubser jElmarie de la Rey j

Melanie Roestoff jAlastair Smith jLeonie Stander and Lienne Steyn

Juta, Claremont (10th ed.) (2019, 954 pp, £295, ISBN 978-1-48512-659-1

Since the first edition was published in 1917, Mars The Law of Insolvency in South Africa has

been a classic work on insolvency law in South Africa. Since the publication of the ninth

edition in 2008, there have been several developments in the law of insolvency and associ-

ated areas of law which necessitated the publication of a new edition. These include, among

others, the amendment of the Insolvency Act 24 of 1936 (the “Insolvency Act”); the amend-

ment of other legislation affecting the law of insolvency; constitutional court judgments

amending interpretation of legislation and various court judgments handed down relating to

insolvency law principles. Some specific developments have been indicated in the discussion

below.

This edition follows the same structure as that of the previous edition. The book consists

of 30 chapters, and the chapters have been revised and updated by subject experts. As with

its predecessors, this book provides a detailed discussion of South African insolvency law

and the chapters are divided into discussions on jurisdiction; voluntary surrender; acts of

insolvency; compulsory sequestration; setting aside of the sequestration order; custody and

administration of the estate pending the appointment of the trustee; effects of the sequestra-

tion order; property vesting in the trustee; property which does not vest in the trustee; the

assets belonging to the insolvent's spouse; uncompleted contracts; impeachable transactions;

election, appointment, remuneration, rights and duties of the trustee; the insolvent; meetings

of creditors and their rights and duties; proof of claims, interrogations; secured creditors;

realisation of securities; application and distribution of assets; estate accounts; composition;

rehabilitation; partnerships as affected by insolvency; general aspects of criminal law; partic-

ular offences in terms of criminal law; The Land Bank and Agricultural Credit and cross-

border insolvency.

The book consists of six appendices, which contain specimen documentation; the Insol-

vency Act; Annexure CM 101 (of the Companies Act 61 of 1973 [the “Companies Act”]);

Annexure CM 102 (of the Companies Act); Land and Agricultural Development Bank Act 15 of

2002 and the Financial Matters Amendment Bill (see the discussion on this bill below), respec-

tively. The previous edition contained appendices on the Long-Term Insurance Act 52 of 1998

(this act was amended on February 28, 2014) and the Alienation of Land Act 68 of 1981 (the

DOI: 10.1002/iir.1365

© 2020 INSOL International and John Wiley & Sons Ltd

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