(3 ) The liquidator and any creditor or contributory may also take part in the examination, either personally or
represented by a legal practitioner.
(4 ) The person examined shall be examined on oath and shall answer all such questions as the court may put
or allow to be put to him, notwithstanding that any answer may tend to incriminate him.
(5 ) A person ordered to be examined under this section shall, before his examination, be furnished at his request with a copy of the Master’s report and may at his own cost employ a legal practitioner, who shall be at
liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or
qualify any answers given by him:
Provided that if he is, in the opinion of the court, exculpated from any charges made or suggested against him
the court may allow him such costs as in its discretion it may think fit.
(6 ) Notes of the examination shall be taken down in writing and shall be read over to or by and signed by the
person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any
creditor or contributory at all reasonable times.
239 Arrest of absconding contributory
The court, at any time before or after making a winding-up order, on proof that there is reason to believe that
a contributory is about to quit Zimbabwe or otherwise to abscond or to remove or conceal any property for the
purpose of evading payment of calls or of avoiding examination respecting the affairs of the company, may cause
the contributory to be arrested and his books and papers and movable property to be seized, and him and them to
be safely kept until such time as the court may order.
240 Powers to be cumulative
Any powers by this Act conferred on the court shall be deemed to be in addition to and not in restriction of
any existing powers of instituting proceedings against any contributory or debtor of the company or the estate of
any contributory or debtor for the recovery of any call or other sums.
Appeal from Orders
241 Appeal from any order
An appeal from any order or decision made or given for or in the winding up of a company by the court un der
this Act shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of
the court in cases within its ordinary jurisdiction.
Voluntary Winding Up of Company
242 Circumstances in which company may be wound up voluntarily
A company may be wound up voluntarily—
(a ) when the period, if any, fixed for the duration of the company by the articles expires or the event, if any,
occurs on the occurrence of which the articles provide that the company is to be dissolved, and the co mpany in general meeting has passed a resolution requiring the company to be wound up volu ntarily;
(b ) if the company resolves by special resolution that the company be wound up voluntarily.
243 Notice of resolution for voluntary winding up
(1) In this section—
“workers’ committee” means a workers’ committee appointed or elected in terms of Part VI of the Labour
Relations Act [Chapter 28:01].
(2) A resolution for the voluntary winding up of a company shall not be deemed to have been passed unless
the company has given not less than four weeks’ notice of the resolution—
(a ) to the Registrar of Labour Relations referred to in section 121 of the Labour Relations Act [ Chapter
28:01]; and
(b ) to the company’s workers’ committee or, where the company has no workers’ committee, to the co mpany’s employees:
Provided that this subsection shall not apply in relation to a company all of whose employees are officers or
members of the company.
(3) Where a company has passed a resolution for its voluntary winding up it shall—
(a ) within two weeks after passing the resolution, give written notice of it to the Master and the Registrar;
and
(b ) within one month after passing the resolution —
(i) publish notice of it in the Gazette; and
(ii) where the company holds a registered interest in immovable property in Zimbabwe, give written
notice of the resolution to the Registrar of Deeds; and
(iii) where the company holds a right to minerals which is registered in terms of the Mines and
Minerals Act [Chapter 21:05], give written notice of the resolution to the officer responsible for
registering the right in terms of that Act.
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