(c)if it is proved to the satisfaction of the [Tribunal] [ Substituted by Act 11 of 2003, Section 52, for " Court" .] that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the [Tribunal] [ Substituted by Act 11 of 2003, Section 52, for " Court" .] shall take into account the contingent and prospective liabilities of the company.