Page:Internal Security Act 1982 South Africa.pdf/14

GOVERNMENT GAZETTE, 9 JUNE 1982

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, or perform any other act of whatever nature which is calculated to further the achievement of any such object;

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person designated by the Minister of Justice as the liquidator of the assets of the unlawful organization; and the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name from the register.

(2) The designation of a liquidator in terms of subsection (1) (b) shall not be invalid or ineffective by reason of the fact that the unlawful organization in question was dissolved before the designation or before the date upon which it becomes an unlawful organization by virtue of a notice under section 4 (1) or (2), or by reason of the fact that it has no assets.

(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister of Justice may determine.

(4) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between the unlawful organization and its office-bearers, officers or members, any such office-bearer, officer or member may by resignation terminate his relationship with the unlawful organization as from the date of the resignation.

14. (1) The liquidator shall forthwith take possession of all the property vested in him under section 13 (1) (b), and shall satisfy himself as to whether the assets are adequate to pay the debts of the unlawful organization.

(2) If the assets are adequate to pay the debts, the liquidator shall after the expiration of a period of not less than six months from the date upon which the organization became an unlawful organization, but, where applicable, not before the endorsement, in relation to the declaration of the organization to be unlawful, of a certificate in terms of the provisions of section ll (5), take all steps (including the institution of legal proceedings) necessary to liquidate them and to pay out of the proceeds the debts which have been proved to his satisfaction.

(3) Any balance remaining after the debts have been paid shall be paid into the State Revenue Fund.

(4) If the assets are inadequate to pay thc debts of the unlawful organization, the liquidator shall liquidate and distribute the assets as if he were a trustee or a liquidator, as the case may be, administering and distributing the assets of an insolvent estate or company.

(5) For the purposes of such liquidation and distribution, the date upon which the organization became an unlawful organization by virtue of a notice under section 4 (1) or (2) shall be regarded as the date of sequestration or winding-up, as the case may be.

(6) Any matter relating to such liquidation and distribution upon which a creditor would have been entitled to vote if the estate of the unlawful organization had been sequestrated or wound up, shall be determined by a majority of votes reckoned according to the number and value of claims proved to the satisfaction of the liquidator.

(7) The account of a liquidator liquidating and distributing assets under subsection (4) shall be advertised by him and confirmed by the Master in like manner and with like effect as an account framed by a trustee or liquidator, as the case may be, in an insolvent estate is advertised and confirmed.

(8) Any property of the unlawful organization which is not liquidated under subsection (2) or (4) or which is found after the distribution of the assets or the payment of the debts of the