Section 59: Collusion, fraud and negligence

59. Collusion, fraud and negligence (1) An inscribed or judgment creditor may also ask for subrogation in the proceedings where there has been collusion, fraud or negligence on the part of— (a) the creditor; or (b) any financial institution, legal adviser and their agents, carrying on the proceedings, without prejudice to the right of a party aggrieved by the collusion, fraud, or negligence, as the case may be, to sue any person responsible for damages to the inscribed or judgment creditor. (2) In this section— “negligence” means— (a) the non-fulfilment of any prescribed formality; (b) the fulfilment of any prescribed formality after the prescribed time; or (c) the non-exercise of due diligence in bringing the property under seizure to adjudication. [S. 59 amended by s. 48 (c) of Act 10 of 2017 w.e.f. 24 July 2017.] 60. — S3 – 17 [Issue 10] Sale of Immovable Property Act