I >\SOLVENCY
No. 7/2018
Cap. 6:07
estate. or to be able to gi\'e material information regarding the affairs
of the debtor or of his or her property, be summoned to appear before a
commissioner for examination: and
(h)
that a suitable person be appointed as commissioner to carry out the
examination contemplated in paragraph (a).
(2) A creditor who makes an application contemplated in subsection (I) must
furnish security to the satisfaction of the Court or the Master for all costs in connection
with the examination.
(3) If the Court or the Master grants an application referred to in subsection
(1) the Court or the Master-
(a)
must appoint a magistrate or any other person considered suitable, as
commissioner to carry out the examination in terms of this section; and
(b)
may summon a person referred to in subsection (1 )(a) to appear before
the said commissioner and to produce any books, documents or records
in his or her custody or under his or her control relating to the debtor,
on a date and at a place stated in the summons in order to be questioned
\vith regard to the affairs of the debtor.
(4) A summons referred to in subsection (3) must be substantially in the form
of Form E4 of the First Schedule.
(5) A commissioner appointed in terms of subsection (3) must administer the
oath or an affirmation to speak the truth to the person who appears before him or her
for examination.
(6) A commissioner may summon witnesses and question them and require the
production of documents.
(7) If a commissioner has been appointed(a)
by the Master, he or she must, in such manner as the Master may direct,
report to the Master: and
(b)
by the Court, he or she must, in such manner as the Court may direct,
report to the Master and the Court.
(8) Section 57(2), (3), (5), (6), (7), (8) and (9) apply with the necessary changes
in regard to the giving of evidence and the production of documents in terms of this
section.
(9) A witness who has given evidence in terms of this section is at his or her
own cost entitled to a copy of the record of his or her evidence.
(I 0) A creditor at whose request an examination is carried out in terms of this
section is liable for all costs and expenses incurred in connection with the examination:
Provided that the Court or the Master may order that the whole or any part of
such costs or expenses be regarded as costs of the liquidation.
(II) An examination in terms of this section and any application therefor is
private and confidential, unless the Court or the Master, either generally or in respect
of any particular person, directs otherwise.
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Liquidator may put written questions or call for accounts, books,
documents, records or information
(I) The liquidator of an insol\·ent estate may obtain information concerning
the afrairs of the debtor by means of written questions and answers instead of oral
evidence given at a meeting of creditors of the estate contemplated in section 56, or
an examination in terms of section 57 or section 58, and the liquidator may send such
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