Mango, which has added the CIPC as a third party for Tuesday’s hearing, said in its responding court papers that the CIPC was “simply not empowered” to “decide unilaterally” to “refuse to process a business rescue resolution on the basis that it was adopted more than five days prior to the filing”.
They also said that in its responding affidavit, Mango stated that the public enterprises department had indicated it preferred a wind-down for the low-cost carrier instead of a business rescue. “We don’t believe them when they say they are interested in business rescue. And the reason we can say that is if they did, then they would join our application. One of the things they have a big problem with is that we want the court to appoint Ralph Lutchman, a business rescue practitioner of our choice. Even if they decide to do their own process and nominate their own person, we want our own person there too.
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