The Legal Architecture of Business Rescue in South Africa: A Critical Analysis of Chapter 6 of the Companies Act and Judicial Interpretation

South Africa's business rescue regime, introduced through Chapter 6 of the Companies Act 71 of 2008, represents a significant legislative innovation in corporate restructuring law. This study provides a comprehensive legal analysis of the business rescue framework through examination of primary legislation, reported case law from 2019-2026, and academic commentary. The research investigates the statutory requirements for commencing business rescue proceedings, the powers and duties of business rescue practitioners, the ranking of creditor claims, and judicial interpretation of key provisions. The findings reveal that while Chapter 6 establishes a sophisticated restructuring mechanism, significant legal challenges persist regarding post-commencement financing, the valuation of distressed companies, and the balancing of stakeholder interests. Judicial interpretation in Merchant West Working Capital Solutions v Advanced Technologies and Engineering Company (2012), Zwiegers v Du Toit (2022), National Union of Metalworkers of South Africa v VR Laser Services (2020), and South African Airways v National Union of Metalworkers (2020) has clarified the scope of the business rescue moratorium, the rights of employees, and the standing of affected persons. The study concludes that the business rescue regime requires legislative refinement to address creditor ranking uncertainties, enhanced regulation of practitioner conduct, and greater clarity on valuation methodologies.