Cap. 6:07
INSOLVENCY
No. 7/2018
be held who may hold a Court under the Magistrates Court Act [Chapter 7:10], rna)
issue a warrant, authorising any member of the police force to apprehend the person
summoned or the debtor, as the case may be, and to bring him or her before the said
magistrate.
(2) Unless the person summoned or the debtor, as the case may be, satisfies the
said magistrate that he or she had a reasonable excuse for his or her failure to appear
at or attend such meeting, examination or hearing, or for absenting himself or herself
from the meeting, hearing or examination, the said magistrate may commit him or her
to prison to be detained there until such time as the said magistrate may determine, and
the officer in charge of the prison to which the said person or debtor was committed,
must detain him or her and produce him or her at the time and place determined by the
magistrate for his or her production.
(3) If a person summoned as aforesaid appears in answer to the summons
but fails to produce any book, document or record which he or she was summoned to
produce, or if any person who may be examined at a meeting of creditors in terms of
section 57 or during an examination in terms of section 58 or 60 or a hearing in terms
of section 21(6)(a) refuses to be administered the oath or make an affirmation to speak
the truth at a meeting of creditors, examination or hearing at which he or she is called
upon to give evidence, or refuses to answer any question lawfully put to him or her
under the said sections or does not answer the question fully and satisfactorily, the said
magistrate may issue a warrant committing the said person to prison, where he or she
must be detained until he or she has undertaken to do \Vhat is required of him or her,
but subject to subsection (5).
(4) If a person who has been released from prison after having undertaken
in terms of subsection (3) to do what is required of him or her, fails to fulfil his or
her undertaking, the magistrate may commit the person to prison as often as may be
necessary to compel him or her to do what is required of him or her.
(5) Any person committed to prison under this section may apply to the Court
for his or her discharge from custody, and the Court may order the discharge if it finds
that the person was wrongfully committed to prison or is being wrongfully detained.
(6) The magistrate who issued the warrant of apprehension or committal to
prison under this section enjoys the same immunity enjoyed by a judicial officer in
connection with any act performed by him or her in the exercise of his or her functions.
(7) The magistrate may upon the request of the liquidator, the Master, a
Commissioner or a proved creditor, and after giving the witness or the debtor the
opportunity to be heard, order the witness or the debtor to pay costs occasioned by
failure contemplated in subsection ( l) and the costs to have him or her brought before
the magistrate in the amount determined by the Magistrate.
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Suspected commission of offence must be reported to Commissioner
of Police
(I) If it appears from an answer or statement given by a person who is examined
under section 56, 57, 58 or 59, that there are reasonable grounds for believing that
any person has committed an offence, the presiding oftlcer at the proceedings, or the
liquidator in the case of proceedings under section 58, must submit the answer or
statement or a certified copy thereof with supporting documents, if any, and report
such suspicion to the Commissioner of Police and set out the grounds on which the
suspicion rests and, if the presiding officer is not the Master, a copy of the report, answer
or statement and supporting documents, if any, and the report to the Commissioner of
Police, shall be sent to the Master by standard notice.
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