Cap. 6:07
INSOLVENCY
No. 7/2018
officer may order that the proceedings or any part thereof take place behind closed
doors, or that any particular person or persons may not be present during any particular
stage of the proceedings, or that the evidence given at proceedings or any part thereof
may not be published.
(5) If a banker is summoned in terms of section 56, or ordered in terms of
section 59 to produce documents, books or statements or give information, such banker
is, notwithstanding the law relating to privilege, obliged to produce such documents,
books or statements or give such information.
(6) Notwithstanding the provisions of any other law or the common law, but
subject to the Court's power to avoid the examination being conducted in an oppressive,
vexatious or unfair manner, no person questioned in terms of this section may refuse
to answer a question on the grounds that the answer may prejudice him or her in any
criminal or disciplinary proceedings which have been or may be instituted against him
or her, or apply for a postponement of the examination until the criminal or disciplinary
proceedings have been finalised:
Provided that evidence given by a person in terms of this section is not
admissible against him or her in criminal or disciplinary proceedings, except in criminal
proceedings where such person is charged in connection with evidence given during
the examination with perjury, or the giving of false evidence under oath or affirmation,
or a contravention of section 61 (3) for refusal or failure to answer lawful questions put
to him or her fully and satisfactorily.
(7) The debtor or management of a debtor may at an examination under this
section be required to declare that he or she has disclosed all his or her affairs or the
affairs of the debtor fully and correctly.
(8) The presiding officer at proceedings in terms of this section(a)
must disallow all questions that are irrelevant and may disallow questions
that would prolong the proceedings unnecessarily;
(b)
must record the proceedings or cause them to be recorded.
(9) A person who in answer to a summons issued in terms of section 56 attends
a meeting of creditors, or a person called upon in terms of this section to testify at such
meeting, or to produce books, documents, or records, including the debtor, is entitled
to the witness fees to which he or she would have been entitled if he or she were a
witness in civil proceedings before a Court of law.
(10) Subject to the proviso of subsection (6), any evidence given under this
section is admissible in any proceedings instituted against the person who gave such
evidence and any record of an examination introduced in such proceedings forms part
of the record of the proceedings.
(11) The liquidator may in terms of an agreement with a creditor repay the
creditor's costs and expenses in connection with an examination conducted by the
creditor if sufficient money is recovered as a result of the investigation.
(12) In the absence of an agreement referred to in subsection (11), the Court
or the Master may order that the whole or any part of such costs or expenses form part
of the costs of liquidation.
58
Examination by commissioner
(I) The liquidator or any creditor of an insolvent estate may at any time after
the liquidation of the debtor's estate apply to the Court or the Master for an order(a)
that a person known or suspected to have in his or her possession any
property belonging to the insolvent estate, or to be indebted to the insolvent
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