How do I get out of debt review in South Africa?

You cannot simply cancel or opt out of debt review once a court order has been granted. The National Credit Act 34 of 2005 (NCA) provides three lawful exit routes, each with specific requirements. Which route applies to you depends on how far along in the process you are and whether a court order has already been issued.

The 3 Legal Ways to Exit Debt Review

Route 1 — Complete Your Payments and Obtain a Clearance Certificate (Section 71)

This is the standard and intended exit path. Once you have paid all the debts listed in your court order in full, your debt counsellor is obligated under section 71(1) of the NCA to issue a clearance certificate. The certificate is sent to all credit bureaus and to the NCR. The credit bureaus must then remove the debt review flag from your credit profile. This route closes the process cleanly and leaves you with a clear credit record.

You can reach this point faster by making additional voluntary payments or a lump-sum settlement. If a creditor agrees to a settlement amount less than the full outstanding balance, get the settlement agreement in writing before making payment.

Route 2 — Court Application to Rescind the Debt Review Order (Section 86(9))

If your financial circumstances have materially improved — for example, you received an inheritance, secured a significantly higher-paying job, or sold an asset — you can apply to the Magistrate's Court to rescind the section 87 court order. The court will consider whether you are no longer over-indebted as defined in section 79 of the NCA.

This application is opposed by your creditors in most cases, and you will need to produce verifiable financial evidence that your income now exceeds your total debt obligations including living expenses. An attorney should handle this application. If the court grants the rescission, the debt review order is set aside and the debt counsellor issues a clearance certificate.

Route 3 — Withdraw Before a Court Order Is Granted (Section 86(10))

If no court order has been granted yet, you can withdraw from debt review under section 86(10). A creditor may also apply to terminate debt review under this section if you have missed payments and the re-arrangement proposal has not yet been made an order of court. Once you withdraw, you lose all legal protections — creditors may immediately resume collection action and legal proceedings against you.

To withdraw voluntarily, you must notify your debt counsellor in writing. The debt counsellor will then issue a rejection notice (Form 17.2) and notify the credit bureaus and credit providers.

What Happens If You Just Stop Paying?

Stopping payments without formally exiting debt review does not end the process. You remain flagged on the credit bureaus as being under debt review. If a court order is in place, creditors can apply to the court to enforce it or to terminate the debt review for non-compliance. In some cases, a creditor can then proceed with repossession or summons. Stopping payments is not an exit strategy — it makes your situation significantly worse.

The "Debt Review Removal" Scam

Numerous companies advertise that they can remove you from debt review immediately for a fee. This is not a recognised legal process. The only mechanism for removing a debt review status from your credit record is a clearance certificate issued under section 71(1) or a court order rescinding the debt review under section 86(9). Any company claiming otherwise is operating outside the NCA and may be committing fraud. Report such companies to the NCR at 0860 627 627.

Key Legislation

National Credit Act 34 of 2005, section 71(1) — Issuance of clearance certificate once all debts settled
National Credit Act 34 of 2005, section 86(9) — Consumer's right to apply for rescission of debt review order
National Credit Act 34 of 2005, section 86(10) — Termination of debt review before a court order is granted
National Credit Act 34 of 2005, section 79 — Definition of over-indebtedness (relevant to section 86(9) rescission)

Common Mistakes

Assuming you can verbally "cancel" debt review with your debt counsellor — there is no such mechanism once a court order exists
Paying all debts and then doing nothing — you must actively follow up with your debt counsellor to ensure they issue the section 71 clearance certificate
Applying for section 86(9) rescission without an attorney — courts require a formal application with financial proof, and poorly prepared applications are routinely dismissed
Ignoring the process after Route 3 withdrawal — once protections fall away, creditors act quickly; obtain legal advice immediately

For more on this topic, see what debt review is.

For more on this topic, see how long debt review lasts.

For more on this topic, see debt review costs.

When to Consult an Attorney

You need an attorney if you want to pursue a section 86(9) court rescission. You should also consult an attorney if your debt counsellor is unresponsive after you have completed all payments and is not issuing your clearance certificate — an attorney can compel compliance. If a creditor is proceeding with legal action despite an active court order, an attorney can bring an urgent application to enforce the order.

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Disclaimer: This answer is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation. About the Author: This answer was prepared by the Justibly Legal Research Team, reviewed for accuracy by practising attorneys admitted to the High Court of South Africa. Verify attorney credentials on the LPC register.

Last updated: April 2026