(3) After payment of the practitioner’s remuneration and expenses referred to in section 135, and other claims arising out of the costs of the corporate rescue proceedings, all claims contemplated –
(a) in subsection (1) will be treated equally, but will have preference over –
(i) all claims contemplated in subsection (2), irrespective of whether or not they arc secured; and
(ii) all unsecured claims against the company; or

(b) in subsection (2) will have preference in the order in which they were incurred over all unsecured claims against the company.

(4) If corporate rescue proceedings are superseded by a liquidation order, the preference conferred in terms of this section will remain in force, except to the extent of any claims arising out of the costs of liquidation.

• According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue