South Africa, May 13 -- Last year, I argued that South Africa's insolvency regime, anchored by the Insolvency Act of 1936, the Companies Act of 2008, and the Cross-Border Insolvency Act of 2000, gives us genuine reason for pride. These statutes strike a delicate balance between protecting local creditors and employees while signaling to the world that we are open to responsible international cooperation.

While that argument held in principle, we now have the judicial certainty to back it up. On 23 March 2026, the Supreme Court of Appeal (SCA) delivered a unanimous judgment in Scheer v Wagner N.O. and Others. This landmark ruling serves as the perfect sequel to our conversation on statutory maturity, demonstrating that our laws are capabl...