1:--JSOLVENCY
Cap. 6:07
No. 7/2018
(4) The Minister may at any time by subsequent notice in the Gazette withdraw
any notice under subsection (2), and thereupon any State referred to in such lastmentioned notice is a foreign State for the purposes of this Part.
(5) Any notice referred to in subsection (2) or (4) must, before publication in
the Gazette, be apprc)\'ed by Parliament.
(6) Where the Minister withdraws a notice in terms of subsection (4), such
withdrawal does not affect any pending legal proceedings and such proceedings must
continue as if the notice had not been withdraw11.
153 International obligations of Republic of Zimbabwe
To the extent that this Part conflicts with an obligation of Zimbabwe arising out of
any treaty or other form of agreement to which Zimbabwe is a party with one or more
other States and which treaty or agreement has been enacted into law, the requirements
of the treaty or agreement prevail.
154 Competent Court
The functions referred to in this Part relating to recognition of foreign proceedings
and cooperation with foreign Courts must be performed by the High Court of Zimbabwe.
155 Authorisation of trustee, liquidator, corporate rescue practitioner, curator,
or receiver to act in foreign State
A trustee, liquidator, corporate rescue practitioner, curator of an institution, or
receiver is authorised to act in a foreign State in respect of proceedings under the laws
of Zimbabwe relating to insolvency, to the extent and in the manner permitted by the
applicable foreign law.
156 Public policy exception
This Part must not be construed as obliging a Court to take any action which
would be manifestly contrary to the public policy of Zimbabwe.
157 Additional assistance under other laws
Nothing in this Part limits the power of a Court or a trustee, liquidator, corporate
rescue practitioner, curator of an institution, or receiver to provide additional assistance
to a foreign representative under other laws of Zimbabwe.
158 Interpretation of this part
In the interpretation of this Part, regard must be had to its international origin, to
the need to promote uniformity in its application and the observance of good faith.
SuB-PART 2-AccEss
oF
FoREIGN REPRESENTATIVES AND CREDITORS TO CouRTS IN
ZIMBABWE
159 Right of direct access
A foreign representative may apply directly to a Court in Zimbabwe for relief.
160 Limited jurisdiction
An application made to a court in Zimbabwe by a foreign representative docs not
subject the foreign representative or the foreign assets and affairs of the debtor to the
jurisdiction of the Courts of Zimbabwe for any purpose other than the application.
313
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