Cap. 6:07
INSOLVENCY
No. 7/2018
by him or her for the period indicated by the liquidator, notwithstanding
the fact that the debtor has complied with paragraphs (a) to (c);
(6) The liquidator may at all reasonable times inspect the records referred to in
subsection 4(a) and may require the debtor to supply proof in support of such records
and of expenses which he or she claims to have incurred for his or her own support or
that of his or her dependents.
(7) No benefit in terms of any pension law or the rules of a fund which is
claimable by a debtor who is a natural person and is paid after the date of liquidation
of his or her estate, and no social benefit which is so claimable and paid, may form
part of the debtor's insolvent estate.
(8) The liquidator may issue from the magistrates Court of the district in which
a debtor who is a natural person resides, carries on business or is employed, a notice
calling on the debtor to appear at a hearing before the magistrate in chambers on a date
specifled in such notice to give evidence on, and supply proof of, all assets or income
received by the debtor or his or her dependents from any source \Yhatsoever, and his
or her estimated expenses for his or her own support and that of his or her dependents.
(9) The notice, substantially in the form of Form El of the First Schedule to
this Act, must be signed by the liquidator and issued by the clerk of the Court and be
served by the sheriff or messenger of court on the debtor at least seven days before the
date specified in the notice for the hearing.
(I 0) The magistrate may at any time in the presence of the debtor postpone
the proceedings to such date as he or she may determine, and may order the debtor to
produce documents at the hearing on the date determined.
(II) On the appearance of the debtor the magistrate must call upon the debtor
to give evidence under oath or affirmation on the matters contemplated in paragraph
(a), and the magistrate may receive such further evidence as may be adduced either
orally or by affidavit or in such other manner as the magistrate may order.
( 12) After the hearing the magistrate must issue a certificate indicating which
proportion of the debtor's future earnings, if any, is not required for support and must
accrue to his or her insolvent estate.
( 13) The liquidator may send a copy of a certificate contemplated in paragraph
(c) to the insolvent's employer by standard notice, whereupon the employer is obliged
to transmit the amount stated therein to the liquidator in accordance with the certificate.
( 14) Any property which the debtor obtains after the date of the first liquidation
order with earnings that do not in terms of a certificate contemplated in paragraph (e)
accrue to his or her insolvent estate. do not form part of the insolvent estate.
(15) If garnishee order issued by a Court in respect of a judgment debtor
prior to the date of liquidation of his or her estate is in force when his or her estate is
liquidated, such order remains in force for a period of six months from the date of the
first liquidation order and the employer upon whom the emol umcnts attachment order
was served must in accordance with the order make payments to the liquidator for the
benefit of the insolvent estate.
( 16) A debtor who is a natural person may(a)
sue or be sued in his or her own name without reference to the liquidator
of his or her estate in any matter relating to status or any right in so far
as it docs not affect his or her insolvent estate or in respect of any claim
due to or against him or her under this section, but no cession of his or her
earnings after the date of liquidation of his or her estate, whether made
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