The Constitutional disqualification for unrehabilitated insolvents from being members of Parliament

• Published in: De Jure Vol. 56; no. 1; pp. 25 - 42
• Main Author: Mabe, Zingapi
• Format: Journal Article
• Language: English
• Published: University of Pretoria 01-01-2023; Pretoria University Law Press
• Subjects: Law
• ISSN: 2225-7160; 1466-3597; 2225-7160
• DOI: 10.17159/2225-7160/2023/v56a3

In South Africa, the status of being an unrehabilitated insolvent has many effects and one of them is the disqualification from being a member of parliament (MP). This article considers the constitutional disqualification of unrehabilitated insolvents to serve as MPs within the context of statutory restrictions that apply to such insolvents. It further discusses the rationale for the constitutional disqualification of unrehabilitated insolvents to serve as MPs in light of international guidelines that advocate for the protection of the income of the debtor that is necessary for the insolvent and his dependents to live decent lives taking into account possible changing living standards. The pertinent question is whether such reasons are still justifiable considering international policy considerations *This article derives from my PhD doctoral thesis. The words “insolvent person” and “bankrupt person” are used interchangeably. Bertelsmann et al Mars The law of insolvency in South Africa (2019) 189; Sharrock, Van der Linde and Smith Hockly's insolvency law (2012) 63; Wille, Du Bois and Bradfield Wille's principles of South African law (2007) 387. Spencer v Standard Building Society 1931 TPD 481 (hereinafter Spencer v Standard Building Society) 484; Wille, Du Bois and Bradfield (2007) 387. S 2 of the Insolvency Act 24 of 1936 (Insolvency Act or the Act). Bertelsmann et al (2019) 3; Sharrock, Van der Linde and Smith (2012) 3.