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in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
JUDGMENT
Case No.: 2025-021864
In the matter between:
TRIPLE C MAINTENANCE AND SERVICE CC Applicant
and
NAZAREEN NASIR (née ABASS) First Respondent
(Identity Number: 7[...])
(unmarried)
ABSA BANK LIMITED Second Respondent
(In re account number 9[...])
Neutral citation: Triple C Maintenance and Service CC v Nazareen Nasir and 1
other (Case no 2025/021864 [2026] ZAWCHC … (26-03-2026)
Coram: WELGEMOED AJ
Heard: 12 & 17 March 2026
Delivered: 26 March 2026
Summary: Application for the final sequestration of the estate of the first
Respondent, no evidence of repayment of debt. First Respondent de facto insolvent
on her own version sufficient as its for creditors to receive a dividend.
ORDER
____________________________________________________________________
1. It is hereby ordered that the estate of Nazareen Nasir is hereby placed under final
sequestration.
2. The Rule nisi is confirmed
3. Costs will be costs in the sequestration on Scale B.
4. The Master of the High Court is directed to take all steps to give effect to this
order.
___________________________________________________________________
JUDGMENT
____________________________________________________________________
WELGEMOED AJ:
[1] This is an application to place the First Respondent in final sequestration.
[2] The matter now serves before me on the return date.
[3] The legal principles to obtain a final sequestration order are trite . Once the
requirements of section 12(1)(a) - (c) of the Insolvency Act 24 of 1936 are met, the
Court retains a discretion whether to grant a final sequestration order.
[4] The Applicant is a close corporation, duly acting through its owner/controlling
mind/sole member , the First Respondent being his half -sister. The Applicant
contends that the First Respondent is indebted to the Applicant in the sum of some
R44 million. The First Respondent professed to be a chartered accountant (which in
fact she is not ). On the back of her misrepresentation, the App licant utilised her
services to manage his tax affairs. After being approached by SARS for non -
compliance, the Applicant established that the First Respondent did not pay his
money to SARS. This is the debt that is the substratum for the application for final
sequestration.
[5] The indebtedness is denied by the First Respondent on the basis that she allegedly,
repaid the sum of approximately R44 million to the Applicant.
[6] The sum in dispute is currently frozen by the South African Police Services (“SAPS”).
[7] There is no evidence before the Court that there was any repayment of the alleged
indebtedness. Counsel for the First Respondent indicated that the request to have
insight of the bank accounts of the First Respondent was denied by SAPS, but
conceded that it would, in any event, not reveal anything which would raise a dispute
of fact.
[8] It follows that in essence , no defence regarding the debt of R44 million is put up i n
the answering papers.
[9] What is not in dispute is that the Commercial Crimes Unit froze some R1 0 million.
This sum is made up of R6 million belonging to the Applicant and a further R4 million
of the First Respondent’s daughter.
[10] On the First Respondent’s own version, she is insolvent as she calc ulates her net
asset value in the sum of R3 .75 million. However, in the calculation of this sum, she
includes the R4 million which belongs to her daughter and not herself. It follows that
she is, on her own version, insolvent.
[11] However, there are realisable assets which will be to the advantage of creditors.
[12] In the absence of evidence in the Answering papers to the alleged repayment of the
R44 million, the Court must accept the Applicant’s version . In addition, the First
Respondent’s estate is on her own version insolvent.
[13] It is therefore clear that the First Respondent must be declared insolvent.
Order
[14] It is hereby ordered that the estate of Nazareen Nasir is hereby placed under final
sequestration.
[15] The Rule nisi is confirmed.
[16] Costs will be costs in the sequestration on Scale B.
[17] The Master of the High Court is directed to take all steps to give effect to this order.
____________________________
WELGEMOED AJ
ACTING JUSTICE OF THE HIGH COURT
Appearances:
For applicant: Adv. MA McChesney
Instructed by: Potgieter & Associates
For 1st respondent: Adv. R Appoles
Instructed by: Riley Incorporated
For 2nd respondent: Unknown