No. 7/2018
INSOLVENCY
Cap.6:07
considers desirable to obtain, concerning the debtor or his or her insolvent estate or
the administration of the estate or concerning any demand made against the estate, the
Master may by notice in writing delivered to the debtor or the liquidator or such other
person, summon him or her to appear before the Master or before a magistrate at a place
and on a date and time stated in the notice, and to furnish all the information within
his or her knowledge concerning the debtor or his or her estate or the administration
of the estate and produce the books, documents or records specified in the notice.
(2) The notice referred to in subsection (l) must be substantially in the form
of Form E5 of the First Schedule.
(3) The Master may at any time appoint a person to investigate the books,
documents, records and vouchers of the liquidator and direct the liquidator to deliver
to the person so appointed or to the Master any book, document, or record relating to
or property belonging to the insolvent estate of which he or she is the liquidator;
(4) The reasonable costs incurred in performing such an investigation must,
unless the Court otherwise orders, be regarded as part of the costs of liquidation, and if
the liquidator is removed from office consequent upon such an investigation, the costs
must be paid by the liquidator out of his or her own funds.
(5) After having questioned the person summoned in terms of subsection (I),
the Master or the magistrate may deliver to him or her a notice to appear again before
the Master or the magistrate at a place and time stated in the notice and to furnish such
further information or to produce any book, document, or record specified in such
notice.
(6) A person summoned in terms of subsection (I) may be questioned by the
Master or the magistrate presiding at the proceedings and, if a person other than the
liquidator is summoned in terms of the said subsection, the liquidator or his or her
representative may cross-examine the person in question with regard to evidence given
by him or her and to the extent that the presiding officer allows any person having an
interest in the estate or the administration thereof, that person or his or her representative
may question the person in question.
(7) The reasonable costs of such examination must, unless the Court othenvise
orders, be regarded as part of the costs of liquidation, and if the liquidator is removed
from office consequent upon such an examination, the costs must be paid by the
liquidator out of his or her own funds.
(8) Section 57(3), (5), (6), (7) and (8) apply with the necessary changes to
examination under this section.
(9) Section 57(9) applies with the necessary changes, but the liquidator of the
insolvent estate is not entitled to witness fees.
( 10) Proceedings under this section are private and confidential, and without
the permission of the presiding officer no person whose attendance at the proceedings
is not necessary may be present at the proceedings and no publication of the evidence
given at the proceedings may take place without the permission of the said presiding
officer.
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Enforcing summons and giving of evidence
( 1) If a person summoned under section 56, 58 or 59 fails to appear at a meeting
of creditors or examination in answer to a summons, or if a debtor or management of
such debtor fails to attend a hearing in terms of section 21(6)(a) or a meeting of creditors
in terms of section 55, or fails to remain in attendance at that hearing or meeting, any
magistrate for the district where the meeting, questioning or hearing was scheduled to
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