| 1) |
The written notice contemplated in section 8(4)(c) of the Act calling on the respondent to appear before a court on a charge of committing the offence referred to in section 17(a) of the Act must be in a form substantially corresponding to Form 11 of the Annexure. |
| 2) |
Any respondent who is called upon to appear before the court in accordance with a written notice referred to in subregulation (1) and who fails to- |
| a) |
appear at the place and on the date and time specified in that notice; or |
| b) |
remain in attendance at the proceedings, |
shall be guilty of an offence and liable to the punishment prescribed under subregulation (3)(b).
| a) |
The court may if satisfied from the duplicate original of the notice referred to in section 8(4)(d) of the Act that the notice was handed to the respondent and that the respondent has failed to appear at the place and on the date and time specified in the notice, or if satisfied that the respondent has failed to remain in attendance at the proceedings concerned, issue a warrant for the respondent’s arrest. |
| b) |
The court may when the respondent is brought before it, in a summary manner enquire into his or her failure so to appear or to remain in attendance and unless the respondent satisfies the court that his or her failure was not due to any fault on his or her part, convict him or her of the offence referred to in subregulation (2) and sentence him or her to a fine or to imprisonment for a period not exceeding six months. |
Administration of Estates Act, 1965
