Comparison View

Formal Consolidation |  2020 RevEd
Power of arrest and seizure
274.—(1)  The Court may issue a warrant —
(a)for the arrest of a person against whom a bankruptcy application or bankruptcy order has been made; or
(b)for the seizure of any books, papers, records, money or goods in the person’s possession,
if the Court is satisfied, on an application of the Official Assignee, or that there are reasonable grounds for believing, that the person —
(c)has absconded, or is about to abscond, with a view to avoiding or delaying the payment of any of the person’s debts or the person’s appearance to a bankruptcy application or to avoiding, delaying or disrupting any proceedings in bankruptcy against the person or any examination of the person’s affairs;
(d)is about to remove the person’s goods with a view to preventing or delaying possession being taken of them by the Official Assignee;
(e)has concealed or destroyed, or is about to conceal or destroy, any of the person’s goods or any books, papers or records which might be of use to the person’s creditors in the course of the person’s bankruptcy or in connection with the administration of the person’s estate;
(f)has, without the leave of the Official Assignee, removed any goods in the person’s possession which exceed the prescribed value; or
(g)has, without reasonable excuse, failed to attend any examination ordered by the Court.
(2)  Where a person has been arrested under this section, the Court may —
(a)authorise the person to be kept in custody, in accordance with the Rules, until such time as the Court may order; or
(b)order the person’s release, either with or without security to the satisfaction of the Court that the person will abide by such conditions as the Court thinks fit to impose.
(3)  The Court may authorise anything seized under a warrant issued under subsection (1) to be held in accordance with the Rules, until such time as the Court may order.
(4)  The proceeds of the realisation of any security given on breach by any person of any of the conditions of the security mentioned in subsection (2) are deemed to be the person’s property and vest in the Official Assignee where the person is an undischarged bankrupt or, where the person is not an undischarged bankrupt, in the event of the person’s bankruptcy.
Informal Consolidation | Amended Act 25 of 2021
Power of arrest and seizure
274.—(1)  The Court may issue a warrant —
(a)for the arrest of a person against whom a bankruptcy application or bankruptcy order has been made; or
(b)for the seizure of any books, papers, records, money or goods in the person’s possession,
if the Court is satisfied, on an application of the Official Assignee, or that there are reasonable grounds for believing, that the person —
(c)has absconded, or is about to abscond, with a view to avoiding or delaying the payment of any of the person’s debts or the person’s appearance to a bankruptcy application or to avoiding, delaying or disrupting any proceedings in bankruptcy against the person or any examination of the person’s affairs;
(d)is about to remove the person’s goods with a view to preventing or delaying possession being taken of them by the Official Assignee;
(e)has concealed or destroyed, or is about to conceal or destroy, any of the person’s goods or any books, papers or records which might be of use to the person’s creditors in the course of the person’s bankruptcy or in connection with the administration of the person’s estate;
(f)has, without the permission of the Official Assignee, removed any goods in the person’s possession which exceed the prescribed value; or
[Act 25 of 2021 wef 01/04/2022]
(g)has, without reasonable excuse, failed to attend any examination ordered by the Court.
(2)  Where a person has been arrested under this section, the Court may —
(a)authorise the person to be kept in custody, in accordance with the Rules, until such time as the Court may order; or
(b)order the person’s release, either with or without security to the satisfaction of the Court that the person will abide by such conditions as the Court thinks fit to impose.
(3)  The Court may authorise anything seized under a warrant issued under subsection (1) to be held in accordance with the Rules, until such time as the Court may order.
(4)  The proceeds of the realisation of any security given on breach by any person of any of the conditions of the security mentioned in subsection (2) are deemed to be the person’s property and vest in the Official Assignee where the person is an undischarged bankrupt or, where the person is not an undischarged bankrupt, in the event of the person’s bankruptcy.