Cap. 6:07
INSOLVENCY
No. 7/2018
"date of liquidation" means the date of the first liquidation order or, subject to
section 12 in the case of a voluntary liquidation by resolution in terms of
section 9, the date on \vhich notice is given in terms of section 9(9) or,
subject to section 12 in the case of a voluntary liquidation by resolution in
terms of section 10, the date of the registration or filing of the liquidation
resolution;
"debtor", means any person or entity that is able to incur debt whose estate has
been liquidated and includes(a) the estate of any such person or entity;
(b) any such debtor or debtor's estate before liquidation:
"direct notice" means notice by fax, e-mail, or personal delivery;
"disposition" means the transfer or abandonment of a right to property and
includes a sale, mortgage, pledge, delivery, payment, release, compromise,
donation, suretyship, security interest under the Movable Propert)
Securities Interest Act [Chapter 14:35] or any contract therefor;
"e-mail" means an electronic mail sent to an e-mail address indicated for use
by the intended recipient and provided that no report is received that the
electronic mail could not be delivered;
"employee" means an employee defined in section 2 of the Labour Act IChapter
28:01];
"fax" means a facsimile transmission which according to a transmission report
has been transmitted successfully;
"financial lease" means a contract whereby a lessor leases specified movable
property to a lessee at a specified rent over a specified period subject to
a term of the contract that(a) at the expiry of the contract the lessee may acquire ownership of the
leased property by paying an agreed or determinable sum of money
to the lessor; or
(b) the rent paid in terms of the contract shall at the expiry of the contract
be applied in reduction of an agreed or determinable price at which
the lessee may purchase the leased property from the lessor; or
(c) the proceeds of the realisation of the leased property at the expiry
of the lease shall accrue wholly or partly to the lessee; and includes
a financial lease not covered by paragraphs (a) to (c) but which
qualifies as a security interest in terms of the Movable Property
Security Interests Act [Chapter 14:35];
"first liquidation order" means a provisional order for the liquidation of the
estate of a debtor or a final order for the liquidation of the estate of the
debtor if a provisional liquidation order has not been granted;
"free residue" in relation to an insolvent estate, means that portion of the estate
which is not subject to any claim by a secured creditor;
"good faith" in relation to the disposition of property, means the absence of
any intention to prejudice creditors in obtaining payment of their claims
or to prefer one creditor above the other;
"immovable property" means land and every right, title and interest in and to
land or minerals which is registerable in any office in Zimbabwe tasked
with the registration of title to land or the right to mine:
"insolvent" means a debtor whose estate is under liquidation;
"insolvent estate" means an estate which is under liquidation;
"liquidation order" means an order of a Court whereby the estate of a debtor
is placed under liquidation and includes a provisional liquidation order
\vhen it has not been set aside:
20!