(1) A corporate rescue practitioner may be removed only –
(a) by a Court order in terms of section 123; or
(b) as provided for in this section; or
(c) by the Master in terms of grounds set out in section 79.
(2) Upon request of an affected person, or on its own motion, the Court may remove a corporate rescue practitioner from office on any of the following grounds-
(a) incompetence or failure to perform the duties of a corporate rescue practitioner of the particular company;
(b) failure to exercise the proper degree of care in the performance of the corporate rescue practitioner’s functions;
(c) engaging in illegal acts or conduct;
(d) if the corporate rescue practitioner no longer satisfies the requirements set out in section 131 (1);
(e) conflict of interest or lack of independence;
(f) the corporate rescue practitioner is incapacitated and unable to perform the functions of that office, and is unlikely to regain that capacity within a reasonable time.
(3) The company, or the creditor who nominated the corporate rescue practitioner, as the case may be, must appoint a new practitioner if a practitioner dies, resigns or is removed from office, subject to the right of an affected person to bring a fresh application in terms of section 123(1)(b) to set aside that new appointment.
- According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue