Section 33: Effect of order of discharge

33. Effect of order of discharge (1) An order of discharge shall not release the bankrupt from any debt on a recognisance nor from any fine or debt with which the bankrupt may be chargeable at the suit of the State (or of any person) for any offence against any Act, or on bail bond entered into for the appearance of any person prosecuted for any offence, and he shall not be discharged from such excepted debts unless the President certifies in writing his consent to his being discharged from them. (2) An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, nor from any debt or liability from which he has obtained forbearance by any fraud to which he was party. (3) An order of discharge shall not release any person who, at the date of the receiving order, was a partner or co-trustee with the bankrupt or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him. (4) An order of discharge shall release the bankrupt from all other provable debts. (5) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge, and may give the special matter in evidence. [S. 33 amended by Act 48 of 1991.] B4 – 19 [Issue 1] Bankruptcy Act PART II — DISQUALIFICATIONS OF BANKRUPT