South Africa - To Apply for an Insolvent for Rehabilitation

Advertisement

Procedure

Apply In-Person:

1. To apply for an insolvent for rehabilitation, the insolvent has to visit the nearest office of the Master of High court in the place of the insolvent.
2. Please click the following link for the contact and address details of the High court Master’s office in all provinces: Link
3. Find the address of the office applicable to your location and pay a visit to the office to lodge an application for Rehabilitation.
4. Obtain the application form from the respective department of the Master’s office (if available), to apply for an insolvent rehabilitation.
5. Or you should be completing an independent application form and submitting at the Master’s office.
6. Make sure that you have all the documents listed in the “Required documents” section of this page.
7. Attach all the documents with the completed application form and submit the application package at the Master’s office. And pay the prescribed fees.
8. After that, the application and submitted documents will be examined by an examiner.
9. Then, a hearing will he held on the application request for the rehabilitation of the insolvent by the Master of the High court with prior notification or summons.

Advertisement

Required Documents

• Completed application form
• Supporting affidavit
• Advertisement in government Gazette
• Notice to the Master and trustee in writing
• Opposition costs payment security

NOTE: Please contact your attorney or office of the Master for more details.

Office Locations & Contacts

Department of Justice and Constitutional Development Head Office
Physical Adsress: Momentum Centre, 329
Pretorius Street,
Pretoria,
0001
South Africa
Postal Adsress:Private Bag X81
Pretoria,
0001
South Africa
Tel: 080 002 0007
Email:[email protected]
Website link

Eligibility

• Any person, who is subjected to insolvency and has not yet, completed a period of ten years, can apply for Rehabilitation by himself or herself.
• Any authorised agent or an attorney of the insolvent can also apply in case if he/she is not a resident of South Africa.
• A widow or widower or a former spouse of the insolvent is also eligible to apply if they were married in community of property
• The executors of the deceased estate of an insolvent are also eligible to apply.

Fees

Please approach the authorities for fees details.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

The application form may be available at the Master’s office or can be prepared substantively by the attorney.

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Before applying in the office of the Master, the insolvent shall write a notice to Master of the High Court and to the trustee about the intention to apply for a rehabilitation or inform his/her attorney (if any) to do so.
• Then, such intention must be notified to the creditors by publishing it in the Government Gazette. Meanwhile, an application should be prepared for rehabilitation of the insolvent.

Required Information

• Applicant’s particulars
• Identity document Number
• Full names
• Job description now
• Job description at the time of your sequestration
• Employer’s detail now
• Your current income
• Your spouse’s income (if applicable)
• Employer’s detail at the time of your sequestration
• Place of employment now
• Place of employment at the time of your sequestration
• Date of provisional sequestration
• Date of final sequestration / voluntary surrender of estate
• Full details of trustee
• Details of assets and liabilities as at the date of sequestration

Need for the Document

The purpose of Rehabilitation application is to refrain from the insolvency that has been imposed on a person when he/she is in a state of financial distress that he/she is unable to pay the debts owned by the person to liquidate the assets owned by the concerned person, among the claimants.

Information which might help

Enter other informations which might help.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

More information which might help people.