Insolvency Act.pdf - Intax Info

(f) a former trustee disqualified under section 67;
(g) a person declared under section 60 to be incapacitated for election as trustee, while
any such incapacity lasts, or a person removed by the court on account of misconduct
from an office of trust;
(h) a company or corporation;
(i) a person who has at any time been convicted (whether in Botswana or elsewhere) of
theft or fraud:
Provided that-
(i) notwithstanding anything contained in paragraph (d) a person who is-
(a) a legal practitioner entitled to practise in the courts of Botswana; or
(b) a qualified accountant having a place of business in Botswana,
may, though not resident therein, be elected as trustee of any insolvent estate which has
been placed under sequestration by order of the court;
(ii) such person is not disqualified for election on any other ground;
(iii) any such person who is elected as trustee of any such insolvent estate shall
immediately after his election choose for the purpose of his administration of the estate
a domicilium citandi et executandi within Botswana which shall be notified by him in the
Gazette.
60. Power of court to declare a person disqualified from being a trustee
The court, on the application of any person interested, may, either before or after the
appointment of a trustee, declare that the person appointed or proposed is disqualified from
holding the office of trustee, and, if he has been appointed, may remove him from office if it so
thinks fit, and may in either case declare him incapable of being elected trustee under this Act
during the period of his life or such other period as it may determine, if-
(a) he has accepted or offered or agreed to accept from any auctioneer, agent, or other
person, employed on behalf of the estate, any share of the commission or
remuneration of, or any other benefit whatever from, that auctioneer, agent or other
person; or
(b) in order to obtain or in return for, the vote of any creditor, or in order to exercise any
influence upon his election, he has-
(i) procured or been privy to the wrongful omission of the name of a creditor from any
list or schedule required by this Act;
(ii) directly or indirectly given or offered or agreed to give to any person any
consideration;
(iii) offered or agreed with any person to abstain from investigating any previous
(iv)
transactions of the insolvent; or
been guilty of or privy to the splitting of claims for the purpose of increasing the
number of votes.
61. Grounds for removal of trustee
(1) The court, upon the application of the Master, the trustee himself, or any other
person interested, may remove any trustee on any of the following grounds-
(a)
(b)
(c)
(d)
sufficient.
his desire to resign his office, subject to the production of the certificate mentioned in
section 62, absence from Botswana, ill-health, or any fact tending to interfere with the
performance of his duties as trustee;
insolvency or other legal disability;
misconduct as trustee, including any failure to satisfy the lawful demand of the Master,
or a magistrate, or to perform any of the duties imposed upon him by this Act;
illegality in his election or appointment, or disqualification for any of the reasons
mentioned in section 59.
(2) The court may remove any provisional trustee on any ground that it may deem
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