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Rehabilitation

WHAT IS

REHABILITATION

Rehabilitation is to put an end to sequestration and restores their ability to become a creditworthy consumer.

WHO CAN APPLY FOR REHABILITATION 

  1. The insolvent himself or herself

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HOW SOON AFTER HAVING BEEN SEQUESTRATED CAN AN INSOLVENT APPLY FOR  REHABILITATION?

At any time:-

  1. As soon as all creditors’ claims and sequestration costs have been paid in full; or
  2. If the insolvent has made an offer of composition that was accepted by three-quarters of his or her creditors in number and value, and the insolvent has either made payment or given security.

After six months:-

  1. If, within these six months, no claims have been proved against the insolvent’s estate; and on condition that;
  2. This was the first time that the insolvent had been sequestrated; and
  3. The insolvent had not been convicted of certain offences.

After twelve months:-

  1. From the date of the Master’s confirmation of the first trustee’s account in the estate; and on condition that;
  2. This was the first time that the insolvent had been sequestrated; and
  3. The insolvent had not been convicted of certain offences.

After three years:-

  1. From the date of the Master’s confirmation of the first trustee’s account in the estate; if;
  2. The insolvent had already been sequestrated more than once, but on condition that
  3. The insolvent had not been convicted of certain offences.

After five years:-

  1. In the case of an insolvent who had been convicted of certain offences.

After ten years:-

  1. The insolvent shall be considered automatic rehabilitated after ten years.

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