I have been summonsed to appear as a witness in the liquidation of a company of which I am neither a director, shareholder or officer (S417 and 418) of Act 61 of 73. S417 appears to be clear that only a Director or officer of the company in liquidation can be summonsed. I do not find a definition of "Witness" in the whole Act which extends this description to just any person the Master or Commissioner feels like calling.
Can you help?
Nothing else. I will wait for the answer.
In terms of Sections 417 and 418 of Act 61 of 73 the commissioner, depending on the order obtained, or the master, may subpoena whoever the requester can convince them will be useful to hear from in conducting the inquiry.
The purpose of the inquiry is to establish the facts behind the liquidation and is normally called because one of the creditors believes some sort of misbehaviour has taken place that has prejudiced it or the creditors in general.
In short you will unfortuantely have to attend at the hearing if you are properly subpoenaed.
Carl Fagelund - Gjersoe
Gjersoe Inc Attorneys
Bachelor of Social Science, LLB. Admitted in England and Wales, practiced for 11 years including UK
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