Cap. 6:07
[NSOLVE:\CY
No. 7/2018
(II) Subject to sections 74 and 75, the Master must appoint the elected person
as liquidator.
74
Persons disqualified from being liquidators
A person is disqualified from being elected or appointed as a liquidator if he or
she(a)
is not registered in terms of the Estate Administrators Act IChapter 27:20];
(b)
is an insolvent;
(c)
does not reside or ha\e a place of business in Zimbabwe;
(d)
is the spouse of the debtor in question;
(e)
is related or deemed to be related to the debtor or to his or her spouse in
the first, second or third degree of consanguinity relationship;
(f)
is a minor or any other person under legal disability;
(g)
is declared under section 79 to be disqualified;
(h)
is not a natural person;
(i)
has been convicted, whether in Zimbabwe or elsewhere, of an offence
involving dishonesty and if he or she was sentenced to imprisonment
without the option of a fine;
U)
was, at any time, a party to an agreement or arrangement with any debtor
or creditor whereby he or she undertook that he or she would, when
performing the functions of a liquidator, grant or attempt to grant to,
or obtain or attempt to obtain for any debtor or creditor any benefit not
provided for by law;
(k)
has by means of any misrepresentation or any reward or offer of any
reward, whether direct or indirect, induced or attempted to induce any
person to nominate him or her as liquidator, to vote for him or her as
liquidator or to effect or assist in effecting his or her election as liquidator
of an:y insolvent estate;
(I)
at any time during a period of five years immediately preceding the date
of liquidation acted as the bookkeeper, accountant or auditor of the debtor;
(m) has a proven interest that is opposed to the general interest of the creditors
of the in sol vent estate.
75
Master may refuse to appoint elected liquidator
(I) The Master may on any one or more of the following grounds refuse to
appoint as liquidator a person elected in terms of section 73 who(a)
was not properly elected;
(b)
is in terms of section 74 disqualified from being appointed as liquidator
or as liquidator of the insolvent estate in question;
(c)
has failed to give security, within seven days after his or her election or
within such longer period as the Master may allow, to the satisfaction of
the Master for the proper performance of his or her duties as liquidator.
(2) The Master must notify a person \Vhom he or she refuses to appoint as
liquidator by direct notice, providing the reason for his or her refusal.
(3) Any person aggrieved by the appointment of a liquidator or the refusal of
the Master to appoint a person elected as liquidator, may \Vi thin ten days from the date
of such appointment or refusal apply to the Court for a re\·iew of the Master's decision.
255
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