Cap. 6:07
INSOLVENCY
No. 7/2018
during three years before liquidation were responsible for the
management of the debtor in terms of its constitution;
(iii) where the debtor has been created by agreement, the persons
who at the time of liquidation, or during three years before
liquidation were responsible for the management of the debtor
in terms of the agreement or othenvise;
"Master" means the Master of the High Court and includes a Deputy Master
and an Assistant Master:
"member"In relation to a company means a shareholder;
In relation to a Private Business Corporation means a member of such
corporation;
In relation to a trust means a founder or a trustee of such a trust or any
person designated as such in terms of a trust deed:
In relation to a co-operative means a member of such co-operative;
And members shall be construed accordingly;
"Messenger of court" means the messenger of the Magistrate's Court and
assistants to the messenger of the Magistrate's Court;
"Minister" means the Minister responsible for the administration of Justice;
"movable property" means every kind of property and every right or interest
in property which is not immovable property;
"preferent creditor" means a creditor whose claim enjoys preference in terms
of section 89 or a provision in terms of any other Act to pay a creditor
who has no preference in respect of particular assets before concurrent
creditors;
"prescribed" means prescribed by regulation under this Act;
"property" means movable or immovable property wherever situated and
includes a right of interest in property;
" registrar of court" means Registrar of High Court established in terms of
section 55 of the High Court Act [Chapter 7:06];
"reservation of ownership contract" means a sale of corporeal or incorporeal
movable property in terms of which all or part of the price is deferred and
is to be paid by periodic payments, possession and use of the property
is transferred to the purchaser, and the contract provides for ownership
of the property to pass to the purchaser only when the contract is fully
complied \vith, with effect provided for under the Movable Property
Security Interests Act [Chapter 14:35];
"rule nisi" means a provisional order issued by the High Court in the appropriate
form prescribed in rules of court;
"secured creditor" means a creditor of an insolvent estate to the e.\tent that
such creditor holds security for his or her claim against the estate;
"security" in relation to the claim of a creditor of an insolvent estate, means
property of the in sol ,·ent estate mer which the creditor has a preferent right
by virtue of a special bond, landlord's legal hypothec, pledge, including
a cession of rights to secure a debt, right of retention, reservation of
ownership, financial lease, or any such equivalent right over property in
terms of the Movable Property Security Interests Act [Chapter 14:35],
or any such right over property in terms of any other Act;
"sheriff' means the sheriff of the High Court referred to in section 2 of the
High Court Act [Chapter 7:06]:
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