No. 7/2018
INSOLVENCY
Cap. 6:07
(6) The termination of the lease by the liquidator in terms of this section
deprives the insolvent estate of any right to compensation for improvements, other than
improvements made in terms of an agreement \Vith the lessor, to the leased propert)
during the period of the lease.
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Effect of liquidation on contract of service
(I) The contracts of service of employees whose employer has hecn liquidated
arc terminated with effect from the date of liquidation.
(2) An employee whose contract of service has been terminated in terms of
subsection (I), is entitled to claim compensation from the insolvent estate of his or her
former employer for loss suffered by reason of the termination of a contract of service
prior to its expiration.
(3) An employee whose contract of service has been terminated in terms of
this section is entitled to claim termination benefits from the estate of the insolvent
employer in accordance with the Labour Act !Chapter 28:0/].
PART IX
APPOINTMENT OF LIQUIDATOR
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Appointment of liquidator
(I) In this section-
"qualified person" means a properly registered and licensed insolvency
practitioner under Parts IIIA and IV of the Estate Administrators Act
[Chapter 27:20].
(2) The Master must as soon as possible, hut no longer than forty-eight hours,
after receipt of the first liquidation order, or, in the case of a \·oluntary liquidation
by resolution in terms of sections 9 or 10, after receipt of a duly adopted liquidation
resolution, or after the time when a liquidator ceases to function as liquidator according
to sections 78 or 19(3), appoint a qualified person as liquidator.
(3) No person may be appointed as liquidator under this section unless he or
she has given security to the satisfaction of the Master for the proper exercise of his
or her powers and performance of his or her duties as liquidator, and has lodged an
affidavit stating that he or she is not disqualified in terms of section 74.
(4) In determining who should be appointed as liquidator, the Master may have
regard to the wishes of the creditors of the estate.
(5) A liquidator appointed in terms of subsection (I) is, before the first meeting
of creditors of the insolvent estate, obliged to give effect to any direction given to him
or her by the Master.
PART X
POWERS AND DUTIES OF LIQUIDATORS
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Liquidator to serve first liquidation order on debtor and attach property
belonging to insolvent estate
(1) In the case of a liquidation by the Court the liquidator must immediately
after his or her appointment serve a copy of the lirst liquidation order on-
(a)
the debtor and in the case of a natural person debtor, if the name of the
insolvent's spouse appears on the order he or she must also serve a copy
of the order on Lhe spouse:
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