In-depth articles on the statutory, procedural, and practical aspects of rehabilitation after sequestration in South Africa. Each piece is written for clarity, anchored in the Insolvency Act 24 of 1936, and updated as practice evolves.
-
Do I Qualify for Rehabilitation After Sequestration?
A practical guide to who qualifies for rehabilitation under section 124 of the Insolvency Act 24 of 1936 — waiting periods, pathways, and disqualifications. Pretoria attorneys.
-
How Rehabilitation After Sequestration Works
A step-by-step explanation of the rehabilitation process under the Insolvency Act — from screening to court order. Realistic timelines and what to expect.
-
Rehabilitation vs Debt Review: They Are Not the Same Thing
Rehabilitation under the Insolvency Act and debt review under the National Credit Act are entirely different processes. Here is how to tell which you actually need.
-
Automatic Rehabilitation After 10 Years (Section 127A)
What automatic rehabilitation under section 127A actually means in South Africa, what it does and does not do, and when you may still need a court step.
-
Buying Property After Sequestration: When Is It Possible?
Whether — and when — you can buy property in your own name after sequestration in South Africa. The legal position, the bond reality, and the rehabilitation question.
-
Director Disqualification and Rehabilitation
Sequestration disqualifies you from being a company director under the Companies Act. Here is how rehabilitation removes that disqualification — and what it does not fix.
-
Composition of Creditors: A Faster Route to Rehabilitation
A composition of at least 50 cents in the rand can support an early rehabilitation under section 124(1). When this works, when it does not, and what is involved.
-
What Survives Rehabilitation: Section 129 Explained
Rehabilitation discharges pre-sequestration debts under s 129(1), with a fraud carve-out. Section 129(3) preserves certain liabilities. Honest picture of what is and is not affected.
-
The Government Gazette Notice in Rehabilitation Applications
Why a Government Gazette notice is required for every rehabilitation application, what it must contain, and the six-week rule that cannot be shortened.
-
The Master’s Report Under Section 125
What the Master’s report under section 125 of the Insolvency Act covers, why it matters, and how it shapes a rehabilitation application.
-
Rehabilitation and Credit Bureau Listings: What Changes and What Does Not
Rehabilitation ends the legal status of insolvency, but it does not automatically clear your credit bureau record. Here is what changes, what does not, and how to fix it.
-
Sequestration and Marriage in Community of Property
When one spouse is sequestrated in a marriage in community of property, the joint estate is sequestrated. Here is what that means for both spouses and for rehabilitation.
-
Section 21: The Solvent Spouse in a Marriage Out of Community
When one spouse is sequestrated in a marriage out of community of property, section 21 of the Insolvency Act vests the solvent spouse’s property in the trustee — until ownership is proved. Here is how it works.
-
Rehabilitation and FAIS-Regulated Professionals
Sequestration affects fit-and-proper status under FAIS. Here is how rehabilitation interacts with FSCA registration as a key individual or representative — and what it does not fix.
-
Opposed Rehabilitation Applications: When Creditors Fight Back
Most rehabilitation applications are unopposed, but some draw opposition from creditors, trustees, or the Master. Here is how opposition works and how to handle it.
-
Life After Rehabilitation: What Actually Changes
What rehabilitation under section 124 of the Insolvency Act actually changes, the day after the order — and what it does not change. An honest, complete picture.
-
Returning to Business: Directorships, Sureties, and Trade After Rehabilitation
What rehabilitation restores for business owners — directorships, personal sureties, trading in your own name, partnerships, and prescribed-officer roles. Practical sequence.
-
Property Ownership After Rehabilitation: From Bond Application to Title Deed
A practical guide to buying property after rehabilitation in South Africa — the order to do things, what banks check, and how to avoid bond declines.
-
The Discreet Path Back: Privacy, Confidentiality, and What Becomes Public
Honest answer on what becomes public during a rehabilitation application — Government Gazette notice, court order, and what stays private. For professionals concerned about discretion.