Insolvency Law Pretoria
Insolvency Law Attorneys in Pretoria: Liquidation, Sequestration & Business Rescue
Burger Huyser Attorneys handles insolvency matters from its Pretoria (Menlyn) branch on 012 471 5700, filing at the Gauteng Division of the High Court’s Pretoria seat — which now operates a dedicated Insolvency Court (an Insolvency Motion Court and an Insolvency Trial Court) following the Term 1 2026 pilot, with matters ordinarily heard on a fixed 7-week cycle from enrolment to hearing.
Why Engage a Specialist Insolvency Attorney in Pretoria
Insolvency matters no longer ride the general motion or opposed motion rolls at the Pretoria seat. The Gauteng Division’s new dedicated Insolvency Court, piloted in Term 1 of 2026 after the Johannesburg pilot, now channels sequestration, liquidation, business rescue, rehabilitation and insolvency-related interlocutory disputes through a dedicated Insolvency Motion Court (IMC) and a dedicated Insolvency Trial Court (ITC). Drafting and case-management discipline — not just knowledge of the substantive law — now determines whether a file lands in the right cycle or is removed from the roll.
The Pretoria Insolvency Court runs on a fixed 7-week cycle from enrolment to hearing, with court recesses excluded. Attempts to enrol on alternative rolls to bypass the dedicated court are expressly discouraged and may attract adverse cost consequences. A practitioner who works the Companies Act and the Insolvency Act together spots cross-statute issues — shareholder suretyship claims, impeachable dispositions under sections 26 to 32 of the Insolvency Act, and voidable preferences — that single-statute practitioners typically miss.
What the Service Covers (Scope of Engagement)
The firm’s insolvency work covers applications that now file on the dedicated Pretoria insolvency roll, together with pre-insolvency turnaround advice:
| Application type | Governing framework | Where it leads |
|---|---|---|
| Liquidation (voluntary / compulsory) | Companies Act 71 of 2008 — winding-up provisions | Liquidator appointed; assets realised; company wound up. |
| Voluntary surrender | Insolvency Act 24 of 1936, section 6 | Trustee appointed by the Master; estate administered. |
| Compulsory sequestration | Insolvency Act 24 of 1936, section 9 | Trustee administers the estate — “factum probans” and “factum probationes” routes included. |
| Business rescue | Companies Act 71 of 2008, Chapter 6 | Practitioner appointed; moratorium on creditors; rescue plan and vote. |
| Rehabilitation | Insolvency Act 24 of 1936, ss. 124, 124A and 124B | Restoration of capacity to trade and contract. |
| Creditor-side recovery | Insolvency Act 24 of 1936 (sections 26–32) | Lodging claims, opposing improper admissions, pursuing impeachable transactions. |
| Pre-insolvency advice | Companies Act 71 of 2008 (incl. section 22) | Weighing compromise, the section 311 arrangement route, judicial management or business rescue. |
The Local Filing Layer: Where Pretoria Insolvency Matters Are Heard
All Pretoria insolvency matters file at the Gauteng Division of the High Court, Pretoria seat. The Division’s other seat (Johannesburg) has run a pilot dedicated insolvency court since 2024; the Pretoria pilot commenced in Term 1 of 2026. Matters already enrolled on the general or opposed motion rolls at cut-over were automatically transferred to the dedicated insolvency roll; new matters require correct classification at issue and enrolment.
The court has two components: the Insolvency Motion Court (IMC) for opposed and unopposed motion-based matters, and the Insolvency Trial Court (ITC) for matters sent to trial under case-management directions. Both run on a 7-week cycle, with court recesses excluded.
Practical point. Urgent relief is tightly regulated. Only exceptionally may a matter be heard earlier than the cycle, and even then urgent relief is ordinarily confined to interim orders or rules nisi. Applications should not be drafted as urgent by default to bypass the 7-week structure — adverse cost consequences can follow.
Once an order is granted, administration of the estate shifts to the Master of the High Court’s Pretoria office at 316 Thabo Sehume (formerly Paul Kruger) Street — appointment of trustees and liquidators, lodgement of claims, and ratification of trustee accounts all run through the Master. SARIPA is the professional body for registered insolvency practitioners working in this jurisdiction.
Where insolvency work does not file
The Pretoria Regional Magistrate’s Court (Tshwane Magisterial District) handles unrelated criminal and civil work — it is not the filing court for sequestration, liquidation or business rescue. Pretoria insolvency matters file at the Gauteng Division, Pretoria seat, on the dedicated insolvency roll.
Burger Huyser Attorneys’ Pretoria branch — Menlyn, Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, 0063 (tel 012 471 5700, after-hours 064 548 4838) — is the practical intake point for Tshwane-based instructions, run under the firm’s general litigation practice with cross-referrals to the Debt Collection Department. Director Herman Bonnet heads the branch.
What to Look for When Choosing an Insolvency Attorney in Pretoria
- Active motion-court practice at the Gauteng Division’s Pretoria seat. The new IMC is a specialist motion court, and counsel need to file regularly in the division to know how its case management operates.
- Working knowledge of both the Companies Act and the Insolvency Act. A practitioner who only knows one will miss cross-statute issues around the section 311 route, suretyship claims and voidable preferences.
- Direct principal-attorney access. Strategy decisions (consent to or oppose liquidation, apply for rescue or surrender an estate) are partner-grade.
- Cross-capability on litigation and commercial-side advice. Engagements often touch shareholder disputes or impeachable transactions — courtroom and contract-level capacity both.
- Transparent cost conversation. Fee basis (per-application, hourly, or contingency) should be set out clearly at the first consultation.
Burger Huyser’s Pretoria branch — under Director Herman Bonnet, with the firm’s general litigation practice behind it — is set up to take Pretoria insolvency instructions on this profile: regular motion-court work at the Gauteng Division, dual-statute capability, and a fee conversation set out at the first Menlyn consultation.
Practical Considerations: Cost, Timeline, What to Bring
Engagement decisions on cost, timeline and intake paperwork are typically framed at the first consultation:
| Aspect | Range or required input |
|---|---|
| Cost | Quoted per matter after first consultation. Unopposed voluntary liquidation by special resolution is a fraction of opposed compulsory sequestration, contested business rescue, or impeachment work under sections 26 to 32 of the Insolvency Act. |
| Timeline | Seventh week after enrolment as the default. Cross-border, evidentiary or ITC matters run materially longer. |
| What to bring (corporate) | Certificate of incorporation, MOI, latest audited financials, creditor list with amounts, pending claims, prior creditor correspondence. |
| What to bring (individual) | ID, sworn or draft statement of assets and liabilities, latest SARS IT3(b), demand letters received. The sworn statement must accompany an application for voluntary surrender under section 6. |
Frequently Asked Questions
How long does an insolvency matter take in Pretoria now?
Under the dedicated Pretoria Insolvency Court (Term 1, 2026), most matters run on a fixed 7-week cycle from enrolment to hearing, excluding court recesses. Unopposed liquidations and surrenders typically resolve in a single cycle; opposed matters and ITC matters run longer.
What is the new Insolvency Court in Pretoria, and when did it start?
A dedicated Insolvency Court — an Insolvency Motion Court (IMC) and an Insolvency Trial Court (ITC) — was piloted at the Pretoria seat of the Gauteng Division from Term 1 of 2026, following the Johannesburg pilot. Matters already enrolled on the general or opposed motion rolls at cut-over were automatically transferred.
Can an individual in Pretoria be declared insolvent voluntarily?
Yes. Voluntary surrender under section 6 of the Insolvency Act 24 of 1936 requires an application to the High Court (now on the dedicated insolvency roll in Pretoria) supported by a sworn statement of assets and liabilities, on the basis that surrender will benefit creditors. The Master of the High Court then appoints a trustee.
What is the difference between business rescue and liquidation in South Africa?
Business rescue under Chapter 6 of the Companies Act 71 of 2008 places the company under supervision with a moratorium on creditor claims while a rescue practitioner develops a restructuring plan. Liquidation is the winding-up, the appointment of a liquidator, and distribution of assets per the statutory preference order. Rescue restructures; liquidation winds down.
How much does an insolvency attorney cost in Pretoria?
Fees depend on the matter type. An unopposed voluntary liquidation is a fraction of the cost of an opposed compulsory sequestration, a contested business rescue, or impeachment work under sections 26 to 32 of the Insolvency Act. Burger Huyser Attorneys quotes per matter after the first consultation at the Pretoria (Menlyn) branch on 012 471 5700.
Where is the Burger Huyser Pretoria branch, and what are the hours?
Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, Pretoria, 0063. Telephone 012 471 5700, after-hours 064 548 4838. Open Monday to Friday, 7:30am to 4:30pm.
If you need an insolvency attorney in Pretoria — voluntary surrender, a liquidation application, business rescue, or a creditor’s claim through an estate — contact Burger Huyser Attorneys’ Pretoria (Menlyn) branch on 012 471 5700 (after-hours 064 548 4838) or visit Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, Pretoria, 0063. The firm handles insolvency files through its general litigation practice, with the 7-week Pretoria Insolvency Court cycle factored into matter management from enrolment to order. Bring company documents (corporate) or your statement of affairs and SARS IT3(b) (personal) to the first meeting. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and was named Commercial Law Firm of the Year 2025 – South Africa at the 5 Star Lawyers Awards.
General Information Disclaimer: This article describes Burger Huyser Attorneys’ insolvency practice from its Pretoria (Menlyn) branch and the general procedural framework under the Insolvency Act 24 of 1936, the Companies Act 71 of 2008, and the Gauteng Division’s dedicated Insolvency Court practice direction. It is general information, not legal advice for a specific insolvency file. Current procedural rules, court fees and any updates should be confirmed directly with the Pretoria seat of the Gauteng Division of the High Court and the Master of the High Court before instructing.
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