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(5) The officer in charge of a prison to which a person has been committed in terms of
subsection (4) shall detain the person and produce him or her at the time and place appointed
by the administrator.
(6) If a person summoned in terms of subsection (1) appears in answer to the summons
but fails to proudce any book or document which he or she was summoned to produce or if
any person so summoned refuses⎯
(a) to be sworn by the administrator; or
(b) to answer fully and satisfactorily any question lawfully put to him or her;
the administrator may issue a warrant committing that person to prison until he or she has
undertaken to do what is required of him or her.
(7) If a person who has been released from prison after having undertaken in terms of
subsection (6) to do what is required of him or her fails to fulfil his or her undertaking, the
administrator may recommit him or her to prison as often as may be necessary to compel him
or her to do what is required of him or her.
(8) A person committed to prison in terms of this section may apply to the High Court
for his or her discharge from custody and the Court may order his or discharge if it is of the
opinion that he or she was wrongfully committed to prison or is being wrongfully detained.
(9) In connection with the apprehension of a person or with the committal of a person to
prison in terms of this section the administrator shall enjoy the same immunity which is
enjoyed by a judicial officer in connection with any act performed by him or her in the
exercise of his or her functions.
(10) The person examined shall be examined on oath and shall answer all such questions
as the administrator may put to him or her, notwithstanding that any answer may tend to
incriminate him or her.
(11) A person ordered to be examined under this section may at his or her own cost
employ a legal practitioner, who shall be at liberty to put to him or her such questions as will
enable the person to explain or qualify any answers given by him or her.
(12) 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 or
her, and shall be open to the inspection of any creditor or member at all reasonable times.
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Special commissioners for taking evidence
(1) The administrator may, for the purpose of taking evidence or holding any inquiry
under this Act in cases where a company is reconstructed in any part of Zimbabwe or outside
Zimbabwe, appoint as commissioners one or more assistant administrators or other persons,
and the administrator may refer the whole or any part of the examination of any witnesses or
of any inquiry under this Act to any person hereby appointed commissioner.
(2) Any creditor or member may be present at an inquiry referred to in subsection (1) or
be represented by a legal practitioner.
(3) Every commissioner within Zimbabwe shall have in the matter so referred to him or
her the same powers of summoning and examining witnesses, of requiring the production or
delivery of documents, of punishing defaulting or recalcitrant witnesses, and of allowing costs
and expenses to witnesses, as the administrator under section 10.