Minister of Justice, Legal and Parliamentary Affairs v Juliana Muskwe (2) Ntombizodwa Masuku (3) Edward Tome (4) Andrew Lawson (5) Messina Investments Limited

SC 67/22

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Case Details

Court

Supreme Court

Date

17 June 2022

Citation

SC 67/22

Neutral Citation

[2022] ZWSC 67

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Kudya JA

Full Bench

Gwaunza DCJMathonsi JAKudya JA

Areas of Law

Corporate lawAdministrative lawConstitutional law

Keywords

Reconstruction orderScheme of arrangementState-indebted companyHwange Colliery CompanyCorporate rescue

Key Issues

{"issue_text":"Whether the court a quo erred in refusing to confirm the reconstruction order","issue_type":"mixed","dispositive":"yes","related_facts":"RO issued 17 months after scheme sanctioned, outside 30-day period"}
{"issue_text":"Whether s 2(a) of the Act precludes issuance of RO after 30-day period","issue_type":"law","dispositive":"yes","related_facts":"Statutory interpretation of time limitation provision"}
{"issue_text":"Whether failure to register scheme affects its validity","issue_type":"law","dispositive":"no","related_facts":"Scheme registration with Registrar of Companies"}

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background

Facts of the Case

Background

The Minister of Justice sought confirmation of a reconstruction order issued against Hwange Colliery Company Limited, a state-indebted company. The order was issued 17 months after a court-sanctioned scheme of arrangement was approved, violating the 30-day time limit in s 2(a) of the Reconstruction of State-Indebted Insolvent Companies Act.

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