Insolvency Act, 1936 (Act No. 24 of 1936)17. Notice of sequestration |
| (1) | The registrar shall without delay transmit— |
| (a) | one original of every sequestration order and of every order relating to an insolvent estate or to a trustee or to an insolvent, made by the court, to the Master; |
| (b) | one original of every provisional sequestration order or if a final sequestration order was not preceded by a provisional sequestration order, then of that final order, and of every order amending or setting aside any prior order so transmitted, which was made by the court to— |
| (i) | the deputy-sheriff of every district in which it appears that the insolvent resides or owns property; |
| (ii) | every officer charged with the registration of title to any immovable property in the Republic; |
| (ii)bis | every officer having charge of a register of ships kept at a port of registry appointed as such in terms of paragraph (c) of section four of the Merchant Shipping Act, 1951, for the registration of ships; |
| (iii) | every sheriff and every messenger who or whose deputy holds under attachment any property belonging to the insolvent estate. |
| (2) | Every officer who has received an order transmitted to him in terms of subsection (1), or a certificate and a copy of an order transmitted to him in terms of section 18A, shall register each such order, certificate or copy and note thereon the day and hour when it was received in his office. |
| (3) |
| (a) | Upon the receipt by any officer referred to in subparagraph (ii) of paragraph (b) of subsection (1) of a sequestration order, or of a certificate and a copy of an order referred to in section 18A, he shall, if he has not yet entered such a caveat, enter a caveat against the transfer of all immovable property or the cancellation or cession of any bond registered in the name of or belonging to the insolvent, and if the sequestration order or the certificate referred to in section 18A contains the name of the spouse of the insolvent, he shall in like manner enter a caveat in respect of such spouse. |
| (b) | A caveat contemplated in this subsection, whether it was entered before or after the commencement of the Insolvency Amendment Act, 1993, shall expire ten years after the date of the sequestration order in question, or six months after the commencement of the said Act, whichever date is the later. |
| (3)bis | Upon the receipt by any officer referred to in subparagraph (ii)bis of paragraph (b) of subsection (1) of a sequestration order he shall enter a caveat against the transfer of every ship or share in a ship or the cancellation or cessation of every deed of mortgage of a ship or share in a ship registered in the name of or belonging to the insolvent or his or her spouse. |
| (4) | When the Master has received a sequestration order or an order setting aside a provisional sequestration order he shall in each case give notice in the Gazette of such order. |