Insolvency law in South Africa is based on a pro-creditor approach, in other words, it is

purposed for the benefit of the creditor and not the insolvent. It is argued that this

approach is not necessarily aligned with the fundamental principles of human rights as

presented in the Constitution.

You are a legal advisor and approached by SARIPA (the South African Restructuring and

Insolvency Practitioners Association NPC) to provide a legal opinion on the above

statement. Your argument should provide a legal opinion on behalf of creditors that the

pro-creditor approach is in line with the provisions of the Constitution.