Insolvency Act.pdf - Intax Info

89.
(a)
(b)
(c)
(2) The costs of sequestration shall be paid in the following orderthe
sheriff's or bailiff's costs incurred since the date of the sequestration order, or under
section 6(2) and (3);
fees payable to the Master in respect of the sequestration;
the following costs and charges which shall rank pari passu and abate in equal
proportions if necessary, that is to say, the taxed costs of sequestration, the
remuneration of the curator bonis and of the trustee, and all other costs of
administration and liquidation including the wages of any such servants of the insolvent
as on engagement by the legal representative of the estate continue in the service of
the estate.
(3) For the purposes of this section "taxed costs of sequestration" shall include costs
incurred upon the petition of the insolvent or a creditor in so far as any such costs have been
necessarily or rightly incurred, but shall not include costs of opposition, unless the court so
orders.
84. Costs of execution
(1) Subject to sections 82 and 83 there shall be paid out of the free residue of the estate,
in priority to other claims, all taxed costs of any execution upon the estate of the insolvent in
operation at the date of the sequestration order, to an amount not exceeding the proceeds of
the property taken in execution.
(2) No one shall have any further or other preference by reason of an attachment on any
property of the insolvent.
85. Servants' wages
(1) Subject to the three preceding sections there shall be paid out of the free residue of
the estate, in priority to other claims, but to an amount not exceeding P100 to any one servant,
the arrear of wages for one month and the wages for the month current with the sequestration of
any servant of the insolvent who is engaged by the month or by some longer period, and the
arrear of wages for one week and the wages for the week current with the sequestration of any
servant of the insolvent who is engaged by the week.
(2) The wages specified in this section shall be paid by the trustee so far as there are
assets available for that purpose without requiring that claims for the same be proved in the
estate in the manner set forth in section 43, but the trustee may require from the person
claiming an affidavit that the wages are actually owing.
(3) Any servant claiming a preference for his wages for the month or week current with
the sequestration shall be obliged to continue in the service of the estate during the remainder
of such month or week and at the end thereof his contract shall be determined unless he is
required by the legal representative of the estate to remain longer in the service of the estate.
(4) Nothing in this section shall deprive any servant whose contract is determined
thereunder of his right to damages.
86. Preference in regard to taxes on income
Subject to the four preceding sections, any balance of the free residue shall be applied
in paying-
(a)
(b)
any tax on the income of the insolvent levied under any written law relating to income
tax or to any other tax upon income or profit or any part thereof, in respect of any
period prior to the date of the sequestration of his estate, whether or not that tax has
become payable after that date;
in the case of an insolvent partnership, so much of any tax due and payable by any
partner as is referable to the taxable income derived by him from the partnership; and
the amount to be deemed to be so referable shall be a sum which bears to the total
amount due by him as tax the same ratio that his taxable income derived from the
partnership business bears to his total taxable income from all sources in Botswana.
Copyright Government of Botswana