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2. Please assist me with this question, in TERMS OF SOUTH AFRICAN LAW STATEMENT OF FACTS You are an attorney who has expertise in the

2. Please assist me with this question, in TERMS OF SOUTH AFRICAN LAW

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STATEMENT OF FACTS You are an attorney who has expertise in the law of insolvency and business rescue matters. You meet with new clients, Themba Ngilande and Patience Ngilande (\"the Ngilandes\"), who are having financial difficulties. You learn the following information during a consultation with them: . The Ngilandes are married in community of property. . They are currently unable to pay their personal monthly debts in full. . They live in Rivonia, Gauteng. . Themba has a sole proprietorship called Homely Goods based in Randburg, Gauteng. He has 2 employees, Sarah Hewitt and Kristen Naidoo. There is no trade union representing these employees. . The Ngilandes also have a domestic worker, Prudence Mashaba, who works for them. . They have several assets, namely a house, a car (a Honda CRV), office equipment and furniture which, in total, amounts to R 3 900 000. There are assets to the value of R 550 000 that are not subject to any form of preferent claims and security. . None of the credit agreements that the Ngilandes had entered into amounted to reckless credit. . The Ngilandes have the following debts: o A mortgage loan with One Bank Limited over their Rivonia home of R 4 000 000. o Avehicle finance loan with One Bank Limited for R 750 000. o Themba owes R 500 000 to a supplier of goods on account to his sole proprietorship. o Credit card debt with One Bank in the amount of R 100 000. o A revolving personal credit loan debt with Best Bank in the amount of R100 000. Question 2 | In an essay that isde-tenger-thanthree-pages-in-tengph, and with reference to the case of Ex parte Ford 2009 (3) SA 376 (WCC), academic authority and relevant facts from the scenario concerning the Ngilandes, evaluate whether or not voluntary surrender of the Ngilandes' estate is possible, in light of the relevant provisions from the National Credit Act 34 of 2005

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