Insolvency Act, 1936 (Act No. 24 of 1936)

66. Enforcing summonses and giving of evidence
Purchase cart Previous page Return to chapter overview Next page

 

(1)If a person summoned under section sixty-four fails to appear at a meeting of creditors, in answer to the summons, or if an insolvent fails to attend any meeting of creditors in terms of subsection (1) of section sixty-four, or fails to remain in attendance at that meeting, the officer presiding at such meeting may issue a warrant, authorising any member of the police force to apprehend the person summoned or the insolvent, as the case may be, and to bring him before the said officer.

 

(2)Unless the person summoned or the insolvent, as the case may be, satisfies the said officer that he had a reasonable excuse for his failure to appear at or attend such meeting, or for absenting himself from the meeting, the said officer may commit him to prison to be detained there until such time as the said officer may appoint, and the officer in charge of the prison to which the said person or insolvent was committed, shall detain him and produce him at the time and place appointed by the first-mentioned officer for his production.

 

(3)If a person summoned as aforesaid, appears in answer to the summons but fails to produce any book or document which he was summoned to produce, or if any person who may be interrogated at a meeting of creditors in terms of subsection (1) of section sixty-five refuses to be sworn by the officer presiding at a meeting of creditors at which he is called upon to give evidence or refuses to answer any question lawfully put to him under the said section or does not answer the question fully and satisfactorily, the officer may issue a warrant committing the said person to prison, where he shall be detained until he has undertaken to do what is required of him, but subject to the provisions of subsection (5).

 

(4)If a person who has been released from prison after having undertaken in terms of subsection (3) to do what is required of him, fails to fulfill his undertaking, the said officer may commit him to prison as often as may be necessary to compel him to do what is required of him.

 

(5)Any person committed to prison under this section may apply to the court for his discharge from custody and the court may order his discharge if it finds that he was wrongfully committed to prison or is being wrongfully detained.

 

(6)In connection with the apprehension of a person or with the committal of a person to prison under this section, the officer who issued the warrant of apprehension or committal to prison shall enjoy the same immunity which is enjoyed by a judicial officer in connection with any act performed by him in the exercise of his functions.