Phillips Law

Section 141: Functions, duties and membership of committees of affected persons

(1) A committee of creditors, appointed in terms of section 140 –
(a) may consult with the corporate rescue practitioner about any matter relating to the corporate rescue proceedings, but may not direct or instruct the practitioner; and
(b) may. on behalf of the general body of creditors receive and consider reports relating to the corporate rescue proceedings; and
(c) must act independently of the corporate rescue practitioner to ensure fair and unbiased representation of creditors’ interests.

(2) A person may be a member of a committee of creditors only if the person –
(a) an independent creditor of the company; or
(b) an agent, proxy or attorney of an independent creditor or other person acting under a general power of attorney; or
(c) authorised in writing by an independent creditor to be a member.

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