Smooth Operator operates a business as a supplier of culinary equipment for restaurants in Eastern Cape. In the last year (2021), Smooth Operator supplied R100000 worth of equipment to Grazia Fine Food and Wine, a Mediterranean Cuisine in East London. Despite a number of promises to pay, Grazia Fine Food and Wine is yet to pay the amount due to Smooth Operator. Smooth Operator learns from one of the restaurants that Grazia Fine Food and Wine is struggling financially and that it may be insolvent.

Smooth Operator approaches you, as a legal practitioner, for assistance. The owner of Smooth Operator advises that he wants to sequestrate the estate of Grazia Fine Food and Wine so he can enforce his claim against it.

Using available authorities, advise Smooth Operator on whether he is able to use insolvency proceedings to enforce his claim against Grazia Fine Food and Wine.

NB; Make reference to the relevant sections of the Insolvency Act 24 of 1936 and case law, amongst others Ex parte Pillay; Mayet v Pillay 1995 (2) SA 309 (N) 311 and Naidoo v Absa Bank Ltd 2010 (4) SA 597 (SCA