| (1) |
With an application referred to in section 74(1) the debtor shall submit a full statement of his affairs in the form prescribed in the rules. |
| (2) |
In the form referred to in section (1) provision shall be made for the following particulars, inter alia, namely— |
| (a) |
the name and business address of the debtor's employer or, if the debtor is not employed, the reason why he is unemployed; |
| (b) |
24 a detailed list of the debtor's assets and their current market values and full particulars of interests in property and claims in his favour, including moneys in a savings or other account with a bank or elsewhere; |
| (c) |
the debtor's trade or occupation and his gross weekly or monthly income and that of his wife living with him, and particulars of all deductions from such income by stop order or otherwise, supported as far as possible by written statements by the employers of the debtor and his wife; |
| (d) |
a detailed list of the debtor's essential weekly or monthly expenses and those of the persons dependent on him, including his own transport expenses and those of his wife to and from work, and those of his children to and from school; |
| (e) |
a complete list of all the debtor's creditors and their addresses, and the amount owing to each creditor, in which a clear distinction shall be made between— |
| (i) |
debts the whole amount of which is owing, including judgment debts payable in instalments in terms of a court order, an emoluments attachment order or a garnishee order; and |
| (ii) |
obligations which are payable in future in periodical payments or otherwise or which will become payable under a maintenance order, agreement, stop order or otherwise, and in which the nature of such periodical payments is specified in each case or when the obligations will be payable and how they are then to be paid, the balance owing in each case and when, in each case, the obligation will terminate; |
| (f) |
the security and the estimated value of the security that a creditor has or the name and address of any other person who, in addition to the debtor, is liable for any debt; |
| (g) |
full particulars, supported as far as possible by a statement and a copy of the credit agreement, as defined in section 1 of the National Credit Act, 2005 (Act No. 34 of 2005), of goods purchased under that credit agreement, the purchase price, the instalments payable, the balance owing and the date on which the purchase price will be paid in full, and the reasons adduced by the debtor why provision should be made for the payment of the remaining instalments; |
| (h) |
full particulars of any mortgage bond on immovable property owned by the debtor, the instalments payable, the balance owing, the date on which the mortgage debt will be paid in full and the reasons adduced by the debtor why provision should be made for the payment of the instalments payable in terms of such mortgage bond; |
| (i) |
full particulars of any asset purchased under a written agreement other than a credit agreement referred to in paragraph (g), the instalments payable, the balance owing, and the date on which the purchase price will be paid in full, and the reasons adduced by the debtor why provision should be made for the payment of the instalments that become payable under such agreement; |
| (j) |
whether any administration order was made at any time in respect of the debtor's estate and, if so, whether such order lapsed or was set aside and, if so, when and for what reasons; |
| (k) |
the number and ages of the persons dependent on the debtor and his wife and their kinship with them; |
| (l) |
if an administration order is made, the amount of the weekly or monthly or other instalments which the debtor offers to pay towards settlement of the debts referred to in paragraph (e)(i). |
| (3) |
The statement referred to in subsection (1) shall be confirmed by an affidavit in which the debtor declares that to the best of his knowledge the names of all his creditors and the amounts owed by him to each of them severally are set forth in the statement and that the declarations made therein are true. |
| (4) |
The clerk of the court shall, if requested thereto by an illiterate debtor and upon payment of the fee prescribed in the rules, assist the debtor in completing the statement referred to in subsection (1). |
| (5) |
The debtor shall lodge an application for an administration order and the statement referred to in subsection (1) with the clerk of the court and shall deliver to each of his creditors, at least 3 days before the date appointed for the hearing, personally or by registered post a copy of such application and statement on which shall appear the case number under which the original application was filed. |
24 Editorial note: S. 172(2) of the National Credit Act No. 34 of 2005 amends this paragraph. It appears that the legislature actually intended to amend paragraph (g).
Employment of Educators Act, 1998
