Restructuring Process
Since Mango Airlines will no longer be part of the SAA Group, the Business Rescue Practitioner believes that for Mango to survive and thrive in the future, it needs an investor to support its ongoing operations after the restructuring. Finding an investor will start a process that requires approval under the PFMA law and Mango's specific rules. According to the PFMA, any significant change in ownership, like selling a major stake, requires permission from the Minister of Public Enterprises and oversight from the National Treasury. On October 8, 2021, the Practitioner sent a memo to the Department of Public Enterprises to fulfill the requirement of notifying them about the potential sale. The Business Rescue Plan suggests that Mango should be sold to an interested investor. Meanwhile, it is recommended that Mango should restart its operations as soon as possible, ideally by December 2021, to maintain its route rights and licenses, which will be important for the new investor, as well as to benefit from the high demand during that month. If restarting operations is not feasible, it may be better to focus on securing an investor and potentially pausing operations until that investor is found.
Paraphrase this of the Business rescue plan of Mango Airlines:In simple English and it should be a coherent paragraph
6.2 Restructuring Process
6.2.1 Having established that Mango will not form part of the SAA Group, the BR Practitioner
has determined that for Mango to be rescued and for it to remain sustainable into the
future, the Company requires an investor that would fund ongoing operations beyond
the restructuring of the Company. Securing an investor will trigger a transaction that
would require approval in terms of the PFMA, read with Mango's SMF.
6.2.2 Section 54(2) of the PFMA provides for mandatory ministerial permission (through the
Minister of Public Enterprises ("the Minister") in this instance) and general oversight
(through National Treasury) when, for example, a public entity's shareholding will be
materially altered through the disposal of a significant shareholding in the entity.
Furthermore, compliance with the SMF also becomes mandatory.
6.2.3 On 8 October 2021, the BR Practitioner furnished the DPE with a memorandum which
served to satisfy the pre-notification requirement that is prescribed by the SMF and
intended to provide early notification and sharing of information regarding the concept
of a significant transaction that is contemplated.6.2.4 This BR Plan therefore proposes that the Company be sold to an interested investor.
6.2.5 In the interim, the BR Plan proposes that Mango resumes operations as soon as
possible, but ideally by December 2021 to ensure that Mango preserves its route rights
and licences which may be critical for the investor and also to take advantage of the
higher December demand. In the event that it is not possible to resume operations it
may be more prudent to rather concentrate on the Investor process and in that event
contemplate a possible mothballing of operations until the investor has come on board.
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