Cap. 6:07 78 INSOLVENCY No. 7/2018 Vacation of office by liquidator (1) A liquidator must vacate his or her office if- (a) his or her estate is liquidated; (b) he or she is recei\·ed and detained in an institution in terms of the Mental Health Act [Chapter 15:12], or if he or she is declared by a competent Court to be incapable of managing his or her own affairs; (c) he or she is convicted in Zimbabwe or elsewhere of an offence of offence involving dishonesty and is sentenced to imprisonment without the option of a fine or to a fine not exceeding level five. (2) Whenever a liquidator of an insolvent estate vacates his or her office, any legal proceedings pending against the estate do not lapse merely by reason of the vacation of office and may, with the permission of the Court, be continued in the name of any remaining or newly appointed liquidator. 79 Removal of liquidator from office by Master ( l) The Master must remove a liquidator from office(a) if he or she was not qualified for appointment as liquidator or if his or her appointment was unlawful; (b) if the majority in value and the majority in number of the creditors who have proved claims against the estate(i) (ii) have requested the Master in writing to do so; or have at a meeting of creditors of the estate, after notice of the intended resolution was given, resolved that the liquidator must be removed from office; (c) if he or she resigns from the office of liquidator; (d) if he or she is temporarily absent from Zimbabwe for a period longer than 60 days without the permission of the Master, or contravenes any conditions set by the Master when he or she gave permission; (e) if after his or her appointment he or she becomes disqualified from being a liquidator. (2) The Master may remove a liquidator from office on the ground that he or she has failed to perform satisfactorily any duty imposed upon him or her by this Act or has failed to comply with a lawful demand of the Master. (3) The Master may suspend a liquidator from office and appoint an interim liquidator if necessary for the preservation of the costs of the estate pending the outcome of an investigation(a) if the liquidator has been charged with committing an offence; or (b) if the Master has received a complaint on affidavit; or (c) if evidence given at an examination in terms of section 57,58 or 60, or written answers in terms of section 59 justifies a suspension. (4) The Master must in the case of a complaint; evidence or written answers without delay carry out an investigation. (5) The Master must set aside the suspension if the result of the investigation or prosecution, as the case may be, exonerates the liquidator and may remove the liquidator from offlce if the result of the investigation or prosecution justifies such removal. (6) No person may be appointed as interim liquidator 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 interim liquidator and has lodged an affidm it stating that he or she is not disqualified in terms of section 74. 257