Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Insolvency Act, 1936 (Act No. 24 of 1936)129. Effect of rehabilitation |
| (1) | Subject to the provisions of subsection (3) and subject to such conditions as the court may have imposed in granting a rehabilitation, the rehabilitation of an insolvent shall have the effect— |
| (a) | of putting an end to the sequestration; |
| (b) | of discharging all debts of the insolvent, which were due, or the cause of which had arisen, before the sequestration, and which did not arise out of any fraud on his part; |
| (c) | of relieving the insolvent of every disability resulting from the sequestration. |
| (2) | A rehabilitation granted on an application made in circumstances described in subsection (3) of section one hundred and twenty-four shall have the effect of reinvesting the insolvent with his estate. |
| (3) | A rehabilitation shall not affect— |
| (a) | the rights of the trustee or creditors under a composition; |
| (b) | the powers or duties of the Master or the duties of the trustee in connection with a composition; |
| (c) | the right of the trustee or creditors to any part of the insolvent's estate which is vested in but has not yet been distributed by the trustee, but subject to the provisions of subsection (2); |
| (d) | the liability of a surety for the insolvent; |
| (e) | the liability of any person to pay any penalty or suffer any punishment under any provision of this Act. |
