Section 133(1)(a) of the Companies Act 71 of 2008 (“the Act”) provides that no legal proceedings may commence or continue against a company during business rescue proceedings except with the written permission of the business rescue practitioner.

There is a degree of uncertainty as to whether arbitration proceedings are legal proceedings as envisaged in the Act.

In a recent case before our courts, one Shamla Chetty (“Chetty”),...