Alba is a South African citizen, but has been granted permanent residency in Mauritius where he stays for six months of each year. Two years ago, he formed a company in South Africa, GirlsrUs (Pty) Ltd, of which he is the managing director. The business is based in Johannesburg. Alba also owns property in Cape Town, where he lives when he is in South Africa. For the past year, Alba has been living in Cape Town permanently and travels to the company headquarters in Johannesburg on a weekly basis. Due to the Covid 19 pandemic, Alba's company has been struggling, and he is unable to pay his debts.

Q.2.1 Do the following:

• Explain how jurisdiction is founded in insolvency matters with reference to the applicable legislation (6 mark);
• Identify the court(s) that would be able to adjudicate a matter of insolvency in this case (4 marks)(10)

Q.2.2 Suppose forthis question only that Alba only has one creditor, hisrich cousin Miguel. Will a court allow the compulsory sequestration of a debtor where the creditor is a relative of the debtor.? To answer this question, you must:

• Explain the meaning of friendly sequestration (10 marks);
• Indicate whether the court will or will not allow this sequestration and provide reasons for your answer. (5 marks)(15)

Q.2.3 Assume for this question only that Miguel, in trying to secure his money from Alba, engages the services of a hitman. The hitman seriously injures Alba and he suffers from a broken leg, a black eye, and two of his fingers have been amputated. Alba has been declared insolvent but would like to further approach the Master to issue a court order to stop Miguel from harassing him further.

Explain to Alba the following:

• What it means to refer to the Master as a 'creature of statute' (3 marks);
• What the powers of the Master are (4 marks);
• Whether or not the Master has the power to issue such a court order (3) (10)