Cap. 13 Art. 495Bankruptcy estate.

(1)The bankruptcy estate shall include all sums due to the bankrupt, including any amounts derived by the bankrupt from the conduct of any activities in terms of articles 496, 497 and 498:

Provided that the provisions of this article shall cease to have effect until they are superseded by a debt agreement or bankruptcy order made in terms of this Part, and shall, in no event, apply for a period longer than three (3) years from the date of the judgment declaring bankruptcy.

(2) Where the bankrupt carries out activities in terms of article 498(3), the bankrupt shall be entitled to receive from the bankruptcy trustee, out of any sum due to the bankrupt by way of remuneration for the said activities, an amount to be determined by the bankruptcy trustee, which amount shall not be less than the national minimum wage established for persons of eighteen (18) years and over, calculated pro rata throughout the duration of the appointment of the bankruptcy trustee.

(3) Where the bankrupt is unable, for reasons which the bankruptcy trustee finds to be legitimate, to carry out activities in terms of article 498(3), the bankrupt shall be entitled to receive, from the bankruptcy estate, an allowance which shall not be less than the national minimum wage established for persons of eighteen (18) years and over, calculated pro rata throughout the duration of time during which the bankruptcy trustee is appointed.

(4) The amount referred to in sub-articles (2) and (3) shall exceed the national minimum wage where the bankrupt reasonably demonstrates to the satisfaction of the bankruptcy trustee, that the bankrupt has an overriding need for the additional amount on account of grave and justifiable circumstances specific to the bankrupt or his dependants.