| (1) |
When the estate of a person who holds realisable property is sequestrated— |
| (a) |
the property for the time being subject to a restraint order made before the date of sequestration; and |
| (b) |
the proceeds of any realisable property realised by virtue of section 30 and for the time being in the hands of a curator bonis appointed under this Chapter, |
shall not vest in the Master of the High Court or trustee concerned, as the case may be.
| (2) |
When the estate of a defendant who has directly or indirectly made an affected gift to any other person is sequestrated— |
| (a) |
no court shall set aside the disposition of such gift under section 29, 30 or 31 of the Insolvency Act, 1936 (Act No. 24 of 1936)— |
| (i) |
if a prosecution for an offence has been instituted against the defendant and the proceedings against him or her have not been concluded; or |
| (ii) |
if the property of such other person is subject to a restraint order; |
[Section 35(2)(a) amended by section 22 of Act No. 24 of 1999]
| (b) |
any court which sets aside any disposition contemplated in paragraph (a) after the conclusion of the proceedings against the defendant, shall take into account any realisation of the property of such other person in terms of this Chapter. |
| (3) |
Where the estate of an insolvent has been sequestrated, the powers conferred upon a High Court by sections 26 to 31 and 33(2) or upon a curator bonis appointed under this Chapter, shall not be exercised— |
| (a) |
in respect of any property which forms part of that estate; or |
| (b) |
in respect of any property which the trustee concerned is entitled to claim from the insolvent under section 23 of the Insolvency Act, 1936. |
| (4) |
Nothing in the Insolvency Act, 1936, shall be construed as prohibiting any High Court or curator bonis appointed under this Chapter from exercising any power contemplated in subsection (3) in respect of any property or proceeds mentioned in subsection (1). |
Older Persons Act, 2006
