51.—(1) For the purposes of section 230(1) of the Act, the notice to be given by a judicial manager to disclaim onerous property (called in this Part the notice of disclaimer) must be in Form JM‑15.
(2) The judicial manager must state in the notice of disclaimer that the company disclaims all the company’s interests in the property, and the notice must contain the following information or particulars:
(a)
the title “Notice of disclaimer under section 230 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018)”;
(b)
the name of the company;
(c)
the name of the judicial manager and his or her contact details;
(d)
a brief description of the property being disclaimed and, if the property is land, the full address of the property;
(e)
whether the property being disclaimed is onerous property of the kind described in section 230(2)(a) or (b)(i), (ii) or (iii) of the Act, and how the property is such onerous property;
(f)
the date of the disclaimer.
Service of copy of notice of disclaimer on interested persons
52.—(1) The judicial manager disclaiming any onerous property must, within 14 days after the date of the notice of disclaimer, serve a copy of the notice on —
(a)
in a case where the property is an unprofitable contract under section 230(2)(a) of the Act — any person who, to the judicial manager’s knowledge, is a party to the contract or has an interest under the contract;
(b)
in a case where the property is of a leasehold nature mentioned in section 231 of the Act — any person who is claiming under the company as sub‑lessee or mortgagee mentioned in section 231(1) of the Act; and
(c)
in any case — any person who (to the judicial manager’s knowledge) —
(i)
claims an interest in the disclaimed property; or
(ii)
is under a liability in respect of the disclaimed property, not being a liability discharged by the disclaimer.
(2) The copy of the notice of disclaimer may be served on a person mentioned in paragraph (1) —
(a)
personally;
(b)
by prepaid registered post; or
(c)
by electronic means in accordance with section 442 of the Act.
(3) If subsequently, it comes to the judicial manager’s knowledge that any person has an interest in the disclaimed property that would have entitled the person to receive a copy of the notice of disclaimer under paragraph (1), the judicial manager must then as soon as reasonably practicable serve on that person a copy of the notice.
(4) Without affecting paragraphs (1) and (3), the judicial manager may at any time serve a copy of the notice of disclaimer on any person who, in the judicial manager’s opinion, ought to be informed of the disclaimer.
Application by person interested in property
53. For the purposes of section 230(4)(b)(i) of the Act, the application in writing must contain the following information or particulars:
(a)
the name of the company in judicial management;
(b)
a brief description of the property and, if the property is land, the full address of the property;
(c)
the nature of the interest which the person has in the property;