Business rescue battle over Gupta mining company heads to ConCourt

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Opposing business rescue practitioners of Gupta-owned Shiva Uranium are set to do battle at the Constitutional Court over which side was validly appointed.

However, Murray also resigned, and Juanito Damons took over from him.

The tribunal’s ruling triggered the current litigation, in which the Constitutional Court will hear arguments next month. “The appeal is not only in the interests of the company and the litigants, but also has broader interests for company law and business rescue proceedings,” Monyela said. “Monyela should not be granted leave to appeal to present a new case. The new case is moreover based on allegations of fact that are wrong or, at least, would have been hotly disputed had Monyela made the new case in his answering affidavit in the high court proceedings,” argue Tayob and Januarie.

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