A rehabilitation application is a formal process. It is brought in the High Court, on motion, with statutory notice periods that cannot be shortened. There is no fast-track version. Anyone who tells you otherwise is selling something other than rehabilitation.
This page sets out the realistic process from first enquiry to the granting of the order, so that you know what to expect before you instruct us.
Stage 1 — Screening consultation
Before we accept instructions, we conduct a screening consultation at a fixed fee. The purpose is to confirm which pathway under section 124 applies, check waiting periods, identify complications, give an honest view of prospects, and prepare a written quote for a fixed-fee package.
Stage 2 — Mandate, FICA, and information gathering
Once you accept our quote, we send a written engagement letter and a power of attorney. We comply with FICA and POPIA requirements before beginning substantive work. You complete our detailed insolvency-history form and upload supporting documents through our secure portal.
Stage 3 — Drafting the founding affidavit
The founding affidavit is the core of the application. It must explain the history, set out the statutory pathway, prove the waiting period, attach documentary evidence, address anticipated opposition, and explain why the court should exercise its discretion in your favour.
Stage 4 — Government Gazette notice
A notice of intention must be published in the Government Gazette at least six weeks before the hearing. This is a statutory minimum and cannot be reduced.
Stage 5 — Notice to the Master and trustee
Formal notice is served on the Master (who must produce a section 125 report) and your trustee, plus creditors where required.
Stage 6 — Filing and the Master’s report
The notice of motion and founding affidavit are filed in the High Court. The Master prepares the report under section 125.
Stage 7 — The hearing
Most applications are unopposed motions heard on the unopposed roll. Your attendance is usually not required. Opposed matters require answering and replying affidavits and a hearing on the opposed roll.
Stage 8 — The order
If the court grants the application, the order takes effect on the date specified. The status of insolvency ends, section 127 applies, and your legal capacity is restored.
Stage 9 — Post-order administration
We serve the order on the Master and trustee, notify the credit bureaux, and provide certified copies for banks, regulators, and transferring attorneys.
How long does it take?
A typical, uncomplicated matter takes three to six months from instruction to the granting of the order. Main constraints: collecting trustee records, the six-week Gazette notice, court roll availability, and the Master’s report turnaround.