Cap. 13 Art. 498Bankruptcy trustee may continue business. Cap. 16.

(1) It shall be lawful for the bankruptcy trustee, with the authority of the court, by a decree, to, where possible, cause the continuation of the trade, business, craft or profession of the bankrupt, where the bankruptcy trustee is of the opinion that the said continuation will afford a means of increasing his assets for the benefit of the body of creditors:

Provided that, as may be necessary for the continuation of the trade, business, craft or profession of the bankrupt, the bankruptcy trustee may request the authority of the court to make use of any property held on trust in the exercise of the said trade, business, craft or profession.

(2) The court shall, when granting such authority, give such directions by a decree as the court deems most advantageous to the interests of the body of creditors:

Provided that where any creditor files an opposition to a decree by the court in terms of this article, the court may, on just cause being shown, after hearing the bankruptcy trustee, withdraw the authority.

(3) Without prejudice to the provisions of sub-article (1), the bankrupt shall not carry out any act of trade until rehabilitated in terms of this Part. Any bankrupt who is a natural person may, prior to the rehabilitation in terms of articles 524(1)(b) or 534(1)(b), as the case may be, pursue the lawful conduct of any activity:

Provided that the conduct of that activity shall not require, give rise to, or necessitate, the performance of any acts of trade by the bankrupt:

Provided further that the exercise of any act of extraordinary administration in terms of article 1322 of the Civil Code by the bankrupt after the declaration of bankruptcy but prior to the rehabilitation in terms of articles 524(1)(b) or 534(1)(b), as the case may be, shall, at all times, require the express prior written consent of the bankruptcy trustee.