Am I automatically rehabilitated after 10 years?

Yes, provided that during your sequestration there was no application to the High Court to extend the sequestration. Such an application would have been served on you personally, so you would definitely be aware of it.

 

We have included Section 127 of the Insolvency Act hereunder, which deals with automatic rehabilitation. There is no application involved and no fees are are payable to anybody!

 

So - how do you prove you are in fact automatically rehabilitated? Well, you basically have two options:

 

Firstly, the most preferred option would be that you request a letter or 'certificate' from the Master of the High Court to stipulate that the Master did not received an court order in terms of section 127A(1) during the 10 years since your sequestration and therefore considers you to be automatically rehabilitated.

 

There is no prescribed form for this letter or 'certificate', which would serve as your proof of rehabilitation. For more information on this matter, you should contact the relevant Master's Office which tended to your sequestration. In order to assist you with the contact details, we have included the following link for your convenience:

http://www.justice.gov.za/master/contacts.htm

 

Secondly, you could get us or an attorney dealing with such matters, to certify that a thorough deed-search was done on your name and that there was no caveate registered against your name or any indication of a section 127A(1) court order being served on the relevant Master for the extension of your sequestration.

 

In such a case, we would also obtain the necessary 'certificate' from the Master of the High Court on your behalf and furnish you with a formal and professionally drafted official document to make your future dealings much more easier. Do note however, that this process will cost you money as it involves quite a bit of time, effort and certain expenses with regards to the deed searches, on our part.

 

At this time, we charge an all inclusive fee of R1,700.00 for this service, 50% to be paid upfront and the balance once we obtained all he documentation, including the Master's certification. The only reason clients make use of this service is because of the time and effort we save them, mostly after they themselves have had little or no success.

 

127A. Rehabilitation by effluxion of time.—

(1) Any insolvent not rehabilitated by the court within a period of ten years from the date of sequestration of his estate, shall be deemed to be rehabilitated after the expiry of that period unless a court upon application by an interested person after notice to the insolvent orders otherwise prior to the expiration of the said period of ten years.

(2) If a court issues an order contemplated in subsection (1), the registrar shall transmit a copy of the order to every officer charged with the registration of title to any immovable property in the Republic.

(3) Upon receipt of the order by such officer he shall enter a caveat against the transfer of all immovable property or the cancellation or cession of any bond registered in the name of or belonging to the insolvent.

(4) The caveat shall remain in force until the date upon which the insolvent is rehabilitated.

 

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