Common questions about rehabilitation after sequestration under section 124 of the Insolvency Act.
It is a formal High Court application under section 124 of the Insolvency Act 24 of 1936 that ends the status of insolvency and discharges most pre-sequestration debts.
It depends on your pathway. The standard route requires 4 years from sequestration. Other pathways range from no waiting period (full payment, composition) to 5 years (subsequent sequestration, conviction). See our Do I Qualify page.
Section 127A deems you rehabilitated by operation of law after 10 years. However, you may still need a confirmatory step for credit bureaux, regulators, or banks. See our guide on automatic rehabilitation.
No. Debt review is an NCR-regulated process under the National Credit Act for over-indebted consumers who have not been sequestrated. Rehabilitation is a High Court Insolvency Act application for previously sequestrated individuals only. See our detailed comparison.
Yes. After rehabilitation, the legal disability is gone and you can acquire property in your own name. Banks make their own commercial decisions on bonds, but the legal obstacle is removed. See our guide on buying property after sequestration.
The order ends the legal status of insolvency. Credit bureaux must update the insolvency listing once notified, but this is a separate administrative step. Other unrelated listings (judgments, defaults) are not affected.
There are no absolute disqualifications, but the court has discretion. Common difficulties include: unconfirmed trustee accounts, opposition by creditors or the Master, evidence of fraud or dishonesty during administration, or a prior refusal on grounds that remain unaddressed.
We offer a fixed-fee screening consultation to assess your matter and quote a fixed-fee package for the application. Disbursements (Gazette notice, sheriff fees, certified copies) are separately itemised. Contact us for current fees.
No. Companies are liquidated, not sequestrated, under the Companies Act 71 of 2008. Rehabilitation under the Insolvency Act applies to natural persons only.
For unopposed applications, your physical attendance is typically not required. The matter is heard on the unopposed roll and your attorney appears. For opposed matters, attendance may be required.
The application is brought in the High Court division with jurisdiction over the place where you reside or where you were sequestrated. We handle applications in any South African High Court division.