The Master of the High Court appoints the liquidator.
The creditors of an insolvent company nominate the person or persons they want to act as liquidator. The Master then makes the formal appointment based on those nominations.
The provisional liquidator
When a company is placed in liquidation, the Master may appoint one or more provisional liquidators to act on behalf of the Master until the first meeting of creditors. The provisional liquidators take control of the company’s assets and affairs, secures its property and protects the estate until a final liquidator is appointed.
In practice, creditors may submit requisitions to the Master in support of a particular insolvency practitioner. These requisitions, sometimes referred to as nomination forms, record the creditors’ preferred nominee for appointment as provisional liquidator. The Master will generally have regard to the creditors’ wishes when making the appointment and will usually appoint the practitioner supported by the requisitions.
The final liquidator
The Master convenes the first meetings of creditors and of members or contributories.
At the first creditors’ meeting, creditors may prove their claims and nominate the person or persons they want appointed as liquidator. The Master then appoints the successful nominee or nominees, provided that they were properly nominated, are legally qualified and suitable, and provide the required security.
How are creditors' nominations counted?
At the first meeting of creditors, creditors who have proved their claims may nominate and vote for the person they want appointed as liquidator. Their support is counted in two ways:
In number: the number of creditors who support the nominee.
In value: the combined value in Rand of the proven claims held by those creditors.
This means that the result is not determined only by the creditor with the largest claim or only by the greatest number of smaller creditors. Both the number of supporting creditors and the value of their claims are taken into account. If one nominee receives the strongest support in number and another receives the strongest support in value, both may be appointed to act jointly.
The nomination by members or contributories
At their separate meeting, the members of the company or, in the case of a company limited by guarantee, its contributories may also nominate one or more persons for appointment as liquidator.
If the members or contributories nominate a different person from the creditors, the Master usually appoints that nominee as an additional liquidator alongside the nominee or nominees of the creditors, subject to the legal requirements for appointment.
What happens if no one is nominated?
If the first meeting of creditors is held and no final liquidator is nominated, the existing provisional liquidator or liquidators must be appointed as the final liquidator or liquidators, subject to any additional security required by the Master. The Supreme Court of Appeal confirmed this position in JP Fourie NO and Another v The Master of the High Court, Mahikeng and Another [2026] ZASCA 104 (29 July 2026).
What about a voluntary liquidation?
In a members’ voluntary winding-up, the company may nominate a liquidator in its winding-up resolution. The nomination alone does not give that person authority to act. The Master must still make the formal appointment and issue a certificate of appointment.
Need assistance with a liquidation?
Andrew Venter Attorneys advises creditors, directors, shareholders and companies on liquidations, creditor nominations and the appointment of liquidators.