High Court Order

STAFF WRITER | Friday March 13, 2026 10:03

 

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE

CASE NO: UAHGB- 000394-25

In the matter between:

SEELE CHABATA PETITIONER

And

SAND WAVE (PTY) LTD RESPONDENT

(for placement under judicial management

and the appointment of a judicial manager)

ORDER

Before the Honourable Justice I Segopolo at GABORONE on this 25th Day of February 2026.

UPON HEARING: Attorney Mr Butale M for the Petitioner and no appearance for the Defendant and having read the documents filed of record.

IT IS ORDERED THAT:

1. This matter is urgent and the Rules of the High Court relating to the service of process, time limits and other formalities be and are hereby dispensed with to the extent necessary;

2. The Respondent’s company, Sand Wave (Pty) Ltd, be placed under provisional judicial management in terms of the Companies Act;

3. While this order remains in force the Respondent shall be under the direction and management of the Provisional Judicial Manager, Mr Oliver Modise, and that the said Provisional Judicial Manager shall himself be subject to the supervision of the Registrar and Master of the High Court;

4. As from today any other person or persons vested with the management of the Respondent‘s affairs shall be divested thereof, and that the affairs of the Respondent shall forthwith be managed by the Provisional Judicial Manager appointed in terms of this order;

5. The Provisional Judicial Manager shall discharge the duties prescribed by Section 472 as read with Section 474 of the Companies Act;

6. The Provisional Judicial Manager shall be empowered without the authority of the shareholders but subject to the authority of the creditors and the Master, to borrow money with or without security on behalf of the Respondent for the purpose of paying essential running expenditures in and about the business of the Respondent including

salaries, wages and utilities for the business required by the Respondent and to pledge the credit of the Respondent for any goods or services required;

7. While the Respondent is under provisional judicial management, all actions, proceedings, the execution of all writs, summons and other processes against the Respondent be stayed and be not proceeded with without leave of this Court being obtained;

8. The rate of remuneration of the Provisional Judicial Manager be fixed by the Master in accordance with the services rendered and the disbursement incurred, or should the Master so request, the said rate of remuneration be fixed by the Court after the Master has reported thereon;

9. A rule nisi be issued calling upon all interested persons to appear and show cause, if any, to this Honourable Court why;

9.1. A final judicial management order should not be granted;

9.2. The following directions should not be included in the said order:

i. that the management of the Respondent shall vest, subject to the supervision of the Court, in the Final Judicial Manager and that the affairs of the Respondent be managed by such Judicial Manager to ensure continuity in the business of the Respondent;

ii. that the provisions of paragraphs 4, 5, 6, 7 and 8 hereof should apply mutatis mutandis;

iii. and why the costs of this petition shall not be costs in the judicial management.

10. A copy of this Order be published forthwith twice in the Government Gazette and the Botswana Gazette Newspaper.

11. A copy of this Order be sent by prepaid registered post to the known Creditors of the Respondent.

12. That the service of this order be effected upon the Respondent at its registered office.

BY THE ORDER OF THE COURT

REGISTRAR OF THE HIGH COURT