6
“scheme of reconstruction” means a scheme referred to in section 23;
“State-controlled company” means a company in which the State holds directly the
controlling interest;
“State-indebted”, in relation to a company, means that the company is indebted to the
State, a statutory corporation or State-controlled company by reason of having
received any credit or guarantee in its favour that is disbursed or payable out of
public funds or which imposes any liability upon the State;
“statutory corporation” means any body corporate established directly by or under any
Act of Parliament for special purposes specified in that Act.
(2) Any word or expression to which a meaning has been assigned in the Act shall have
the same meaning when used in this Act.
PART II
RECONSTRUCTION ORDERS
4
Requirements for and scope of reconstruction order
(1) If it appears to the Minister that, by reason of fraud, mismanagement or for any other
cause —
(a) a State-indebted company is unable or is unlikely to be able to make any repayment
of a credit made to it from public funds on a date when the repayment is due; or
(b) the State has become or is likely to become liable to make any payment from public
funds in terms of a guarantee issued in favour of a State-indebted company;
and it further appears to the Minister that—
(c) the State-indebted company has not become or is prevented from becoming a
successful concern; and
(d) there is a reasonable probability that if the company is placed under reconstruction it
will be enabled to pay its debts or meet its obligations and become a successful
concern; and
(e) it would be just and equitable to do so;
the Minister may, after affording the company an adequate opportunity to make
representations in the matter, issue a reconstruction order in relation to the company and
publish the order by notice in the Gazette:
Provided that, where the Minister considers that immediate action is necessary to prevent
irreparable harm to the company or its creditors, members or employees, the Minister may
take such action before affording the company an opportunity to make representations in
terms of this subsection.
(2) The appropriate Minister may issue a single reconstruction order in relation to two or
more companies that are not apparently associated with each other where—
(a) they benefited from the same credit or guarantee payable from public funds; or
(b) they carry on any business or activity in partnership or conjunction with each other
and one or more of them benefited from any credit or guarantee payable from public
funds.