Statistics Act, 1999
R 385
Insolvency Act, 1936 (Act No. 24 of 1936)118. Enforcing payment of contributions |
| (1) | After the expiration of a period of thirty days as from the delivery or posting in a registered letter to any creditor of the notice mentioned in subsection (2) of section one hundred and thirteen, the trustee may take out a writ of execution in the magistrate's court in which the creditor could be sued for the contribution in question against any such creditor who, being liable to contribute under the plan of contribution, has failed to pay the amount of his liability. |
| (2) | Whenever a creditor liable to contribute under a plan of contribution is in the opinion of the Master and of the trustee unable to pay the contribution for which he is liable or whenever the trustee has incurred in connection with the recovery of any contribution any expenses which are in the opinion of the Master and of the trustee irrecoverable, the trustee shall as soon as practicable and in any event within such period as the Master may prescribe therefor, frame and submit to the Master a supplementary plan of contribution wherein he shall apportion the share of the creditor who is unable to pay or the expenses in question among the other creditors who are in the opinion of the Master and of the trustee able to pay. |
| (3) | The provisions of subsection (2) shall mutatis mutandis apply whenever a creditor liable to contribute under a first or further supplementary plan of distribution is, in the opinion of the Master and of the trustee, unable to pay the contribution for which he is liable, or whenever the trustee has incurred expenses in connection with the recovery of a contribution under a first or further supplementary plan of distribution which are, in the opinion of the Master and the trustee, irrecoverable by the trustee. |
| (4) | A trustee may, in lieu of complying with the requirements of section one hundred and eight in connection with any supplementary plan of contribution, furnish a copy of that plan to every creditor liable to contribute thereunder and thereupon the provisions of subsection (1) shall mutatis mutandis apply. |
