Zimbabwe Diamond & Allied Minerals Workers’ Union v RioZim Limited and Master of the High Court N.O. and The Registrar of Companies N.O.

Key Issues

• {"issue_text":"Whether the applicant's board of directors is deemed dissolved under s 130(2) of the Insolvency Act at the stage of a pending corporate rescue application, rendering the opposition invalid.","issue_type":"procedural","dispositive":"yes","related_facts":"The corporate rescue application was filed but not yet determined."}
• {"issue_text":"Whether the urgent chamber application is procedurally defective due to an incorrect dies induciae.","issue_type":"procedural","dispositive":"no","related_facts":"The application specified a 24-hour period for filing notice of opposition."}
• {"issue_text":"Whether the applicant has locus standi to bring the urgent application.","issue_type":"procedural","dispositive":"no","related_facts":"The applicant is a trade union representing employees."}
• {"issue_text":"Whether the matter is urgent.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant filed the application two days after the cautionary statement."}
• {"issue_text":"Whether the applicant has established a prima facie right to an interdict pending the corporate rescue proceedings.","issue_type":"law","dispositive":"yes","related_facts":"The moratorium under s 127 of the Insolvency Act."}
• {"issue_text":"Whether the intended disposals are in the ordinary course of business under s 127(1)(a)(i) of the Insolvency Act.","issue_type":"law","dispositive":"yes","related_facts":"The company's core business is mining; the disposals involve mining and non-core assets."}

Background