No. 7/2018
55
INSOLVENCY
Cap. 6:07
Debtor and other persons to attend meetings of creditors
A debtor who is a natural person, a partner of a partnership, or part of the
management of another debtor must attend all meetings of creditors of the insolvent
estate in question of which he or she is notified by the liquidator by standard notice,
or an adjourned meeting which he or she is directed by the presiding officer to attend,
unless he or she is excused in writing by the liquidator, the Master or the person who
is to preside at such meeting.
56
Summons to attend meeting of creditors and notice to produce document
( 1) If the officer who presides or is to preside at a meeting of creditors, or any
Master or magistrate, has reasonable ground for believing that a person(a)
has or had in his or her possession or custody property belonging to the
insolvent estate; or
(b)
is indebted to the insolvent estate; or
(c)
is able to give material information on any matter relating to the debtor
or his or her business or affairs, whether before or after the liquidation of
his or her estate, or concerning any property which at any time belonged
to the insolvent estate; or
(d)
has in his or her possession or custody any book, document, or record
relating to the debtor's affairs or property:
he or she may summon the said person to appear at a meeting of creditors of the
insolvent estate at a time stated in the summons, in order to be questioned in terms of
section 57 and, where applicable, to produce the books, documents,or records specified
in the summons.
(2) A summons referred to in subsection (l) must be substantially in the form
of Form E3 of Schedule 1 the First Schedule.
57
Examination of debtor and other persons
(l) The presiding officer at a meeting of creditors of an insolvent estate may
call upon the debtor, or any person summoned for questioning or the production of any
book, document or record in terms of section 56, or any other person who is present and
who possesses relevant information, to appear before him or her and to give evidence,
to be questioned on all matters relating to the debtor or his or her business or affairs,
whether before or after the liquidation of the estate, and concerning any property which
at any time belonged to the insolvent estate, or to produce a book, document or record
and the said presiding officer must administer to such person the oath or take from him
or her an affirmation to speak the truth.
(2) A person who in terms of subsection ( 1) is called upon to testify or to produce
a book, document, or record may be questioned by the presiding officer, the liquidator
and a proved creditor on whose request that person was summoned or called upon to
testify, or the representative of any of them, and the presiding officer may allow any
other creditor to put questions to that person through the presiding officer to the extent
that the presiding officer allows such questions.
(3) A person called upon in terms of subsection ( 1) to testify may be assisted
by a representative and such representative may question the said person only in so far
as it is necessary to clarify answers given by him or her.
(4) The place where proceedings under this section take place must be accessible
to the public:
Provided that if it is necessary for the effective questioning of a person or for
the maintenance of good order or the protection of the public interest, the presiding
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