Insolvency Act, 1936 (Act 24 of 1936)
South African Government Gazette no. 2365
This is the latest version of this legislation.

Insolvency Act, 1936
Act 24 of 1936
- Published in South African Government Gazette no. 2365 on 24 June 1936
- Commenced on 1 July 1943
- [Up to date as at 6 November 2020]
- [Amended by Finance Act, 1938 (Act 17 of 1938) on 30 September 1938]
- [Amended by Income Tax Act, 1940 (Act 25 of 1940) on 20 May 1940]
- [Amended by Income Tax Act, 1941 (Act 31 of 1941) on 1 July 1941]
- [Amended by Hire-Purchase Act, 1942 (Act 36 of 1942) on 1 May 1942]
- [Amended by Insolvency Law Amendment Act, 1943 (Act 16 of 1943) on 1 July 1943]
- [Amended by Insurance Act, 1943 (Act 27 of 1943) on 1 April 1944]
- [Amended by General Law Amendment Act, 1952 (Act 32 of 1952) on 4 June 1952]
- [Amended by General Law Amendment Act, 1955 (Act 62 of 1955) on 6 July 1955]
- [Amended by General Law Amendment Act, 1956 (Act 50 of 1956) on 22 June 1956]
- [Amended by Insolvency Act, 1936: Remuneration of Trustee (Proclamation 229 of 1956) on 19 October 1956]
- [Amended by Merchant Shipping Act, 1951 (Act 57 of 1951) on 1 January 1960]
- [Amended by Farmers' Assistance Amendment Act, 1960 (Act 16 of 1960) on 1 April 1960]
- [Amended by Finance Act, 1960 (Act 64 of 1960) on 1 June 1960]
- [Amended by Amendment of Tariff A and Rules in the Second Schedule to the Insolvency Act, 1936 (Proclamation R210 of 1960) on 1 July 1960]
- [Amended by Income Tax Act, 1961 (Act 80 of 1961) on 7 July 1961]
- [Amended by Substitution of Tariff B in the Second Schedule to the Insolvency Act, 1936 (Proclamation R159 of 1961) on 15 December 1961]
- [Amended by Income Tax Amendment Act, 1963 (Act 6 of 1963) on 20 February 1963]
- [Amended by Insolvency Amendment Act, 1965 (Act 99 of 1965) on 7 July 1965]
- [Amended by Amendment of the Third Schedule to the Insolvency Act, 1936 (Proclamation R155 of 1971) on 1 August 1971]
- [Amended by Insolvency Amendment Act, 1972 (Act 6 of 1972) on 8 March 1972]
- [Amended by Income Tax Act, 1972 (Act 90 of 1972) on 28 June 1972]
- [Amended by Amendment of the Second Schedule to the Insolvency Act, 1936 (Proclamation R282 of 1972) on 1 December 1972]
- [Amended by Amendment of the Second Schedule to the Insolvency Act, 1936 (Proclamation PR87 of 1973) on 1 April 1973]
- [Amended by General Law Amendment Act, 1973 (Act 62 of 1973) on 27 June 1973]
- [Amended by General Law Amendment Act, 1974 (Act 29 of 1974) on 15 March 1974]
- [Amended by Income Tax Act, 1974 (Act 85 of 1974) on 29 November 1974]
- [Amended by Sales Tax Act, 1978 (Act 103 of 1978) on 28 June 1978]
- [Amended by Sales Tax Proclamation, 1978 (Proclamation AG40 of 1978) on 29 June 1978]
- [Amended by Insolvency Amendment Act, 1980 (Act 78 of 1980) on 25 June 1980]
- [Amended by Insolvency Amendment Act, 1985 (Act 14 of 1985) on 9 October 1985]
- [Amended by Amendment of Tariff A in the Second Schedule to the Insolvency Act, 1936 (Proclamation AG17 of 1986) on 1 April 1986]
- [Amended by Amendment of second and third schedules to the Insolvency Act, 1936 (Proclamation 12 of 1999) on 23 February 1999]
1. Repeal of laws
The Insolvency Act, 1916 (Act No. 32 of 1916), the Insolvency Act, 1916, Amendment Act, 1926 (Act No. 29 of 1926) (except the title and preamble thereof and sections one, seventy-one, seventy-two and seventy-four thereof) and section twenty of the Land Bank Amendment Act, 1934 (Act No. 58 of 1934) are hereby repealed: Provided that if an estate was sequestrated or assigned before the commencement of this Act the sequestration or assignment and all proceedings in connection therewith shall be completed, and a person whose estate was sequestrated or assigned before such commencement and any matter relating to such sequestration, assignment or person shall be dealt with as if this Act had not been passed; and provided further that if, before the said commencement, any action was taken under the said Act No. 32 of 1916 with a view to the surrender or sequestration of an estate but the surrender or sequestration was not effected before the said commencement, such action shall, after such commencement, be deemed to have been taken under this Act, in so far as this Act makes provision therefor.[Act 16 of 1943 provides for the following additional repeals in section 38:][“The Insolvency Ordinance, 1928 (Ordinance No. 7 of 1928), of the Territory, the Insolvency Law Amendment Proclamation, 1932 (Proclamation by the Administrator of the Territory No. 24 of 1932), and the Insolvency Ordinance Amendment Proclamation, 1933 (Proclamation by the Administrator of the Territory No. 21 of 1933), are hereby repealed: Provided that, if an estate was sequestrated or assigned in the Territory before the commencement of this Act, the sequestration or assignment and all proceedings in connection therewith shall be completed, and a person whose estate was sequestrated or assigned before such commencement and any matter relating to such sequestration, assignment or person shall be dealt with as if this Act had not been passed; and provided further that, if, before the said commencement, any action was taken under the said Ordinance No. 7 of 1928, with a view to the surrender or sequestration of an estate but the surrender or sequestration was not effected before the said commencement, such action shall, after such commencement, be deemed to have been taken under the principal Act, as amended by this Act, in so far as the principal Act so amended makes provision therefor.”][Additional repeals are made by section 8 of Act 6 of 1972:][Schedule][Laws Repealed]No. and year of Law | Short title. | Extent of repeal. |
---|---|---|
Act 24 of 1922 | South West Africa Affairs Act, 1922 . . . . . . . . | Section 5(2) |
Act 30 of 1941 | Workmen’s Compensation Act, 1941 . . . . . . . . | Section 99 |
Act 27 of 1945 | Workmen’s Compensation Amendment Act, 1945 . . . . | Section 35 |
Act 51 of 1956 | Workmen’s Compensation Amendment Act, 1956 . . . . | Section 27 |
Act 58 of 1962 | Income Tax Act, 1962 . . . . . . . . . . . . | Section 93bis |
Act 64 of 1962 | Pneumoconiosis Compensation Act, 1962 . . . . . . . | Section 123 |
Act 6 of 1963 | Income Tax Amendment Act, 1963 . . . . . . . . | Section 17 |
Act 3 of 1966 | Community Development Act, 1966 . . . . . . . . | Section 47 |
Act 30 of 1966 | Unemployment Insurance Act, 1966 . . . . . . . . | Section 59 |
Act 95 of 1967 | Income Tax Act, 1967 . . . . . . . . . . . . | Section 24 |