No. 7/2018 INSOLVENCY Cap. 6:07 order would be discharged as a result of the rehabilitation, remains of full force and effect notwithstanding the rehabilitation. ( 6) The registrar of the Court must forthwith give standard notice to the Master of every order for rehabilitation which is granted by the Court. 108 Rehabilitation by effluxion of time (1) Any natural person debtor not rehabilitated by the Court within a period of l 0 years from the date of liquidation of his or her estate, is regarded as having been rehabilitated after the expiry of that period unless a Court upon application by an interested person and after standard notice to the debtor, orders otherwise prior to the expiration of the period of l 0 years. (2) If a Court makes an order under subsection (I), the registrar of the Court must send a copy of the order by standard notice to the Master and every officer charged with the registration of titles to immovable property in Zimbabwe and the Master must send a copy of the order to the liquidator by standard notice. (3) Whenever such officer receives such order he or she must enter a caveat against the transfer of all immovable property and the cancellation of every bond registered in the name of the debtor or which belongs to the debtor. (4) The caveat remains in force until the date on which the debtor is rehabilitated. 109 Effect of rehabilitation (1) Subject to subsection (2) and any conditions that the Court may have imposed when granting an order for rehabilitation, the rehabilitation of a debtor has the effect- (a) of putting an end to the liquidation; (b) of discharging all debts of the debtor \vhich were due, or the cause of which had arisen, on or before the date of liquidation, and which did not arise out of any fraud on his or her part or the commission by him or her of any offence referred to in section 149(1 )(e) or section I49(1 )(c) in respect of a previous liquidation; and (c) of relieving the debtor of every disability resulting from the liquidation. (2) The rehabilitation of a debtor does not affect(a) the rights of a liquidator or of creditors under a composition; (b) the powers or duties of the Master or the duties of the liquidator in connection with a composition; (c) the right of the liquidator or of creditors to any part of the debtor's estate which is vested in the liquidator but as yet not distributed by him or her; (d) the liability of a surety for the debtor; (e) the liability of any person to pay any penalty or suffer any punishment under any provision of this Act. (3) Evidence of a conviction on any offence contemplated in subsection ( l)(b) is admissible in subsequent civil proceedings as prima facie evidence that the debtor committed the offence in question. 11 0 Penalties for unlawful inducement to accept compromise or in connection with rehabilitation (l) It is unlawful for any person to offer or promise to any other person a benefit in order to induce him or her to accept an offer of composition or to agree to 276

Select target paragraph3

Add to table of contents