Leaving debt review: the clearance certificate

How does a consumer leave debt review?

The usual route is a clearance certificate. Section 71(1) of the National Credit Act says a consumer whose debts have been re-arranged must be issued with a clearance certificate by a debt counsellor within seven days after the consumer meets certain conditions. The certificate then leads credit bureaux to remove the record.

Olvian is not a debt counsellor. It is a referral service: with a person's consent it passes a request to registered debt counsellors, who pay Olvian a fee, and they may contact the person. It does not assess debts, give advice or deal with creditors, and this guide does not say whether anyone should go under, or leave, debt review.

What does section 71 say?

Section 71(1) gives two ways to qualify. The consumer must have either:

(a) satisfied all the obligations under every credit agreement that was subject to the re-arrangement order or agreement, in accordance with that order or agreement; or

(b) demonstrated that:

• he or she has the financial ability to satisfy the future obligations under a mortgage agreement which secures a credit agreement for the purchase or improvement of immovable property, or under any other long-term agreement as may be prescribed;
• there are no arrears on those re-arranged agreements; and
• all obligations under every other credit agreement in the re-arrangement have been settled in full.

Section 71(2) says the debt counsellor must apply the measures prescribed for the demonstration in (b). The NCR's August 2021 media release puts the practical point this way: consumers can only exit debt counselling once they have settled all their short-term debt, which includes vehicle finance, credit and store cards and loans, and have received a clearance certificate. Where a consumer has a home loan, payments must be up to date under the re-arrangement before a certificate is issued.

What if the debt counsellor refuses or does not issue it?

Section 71(3) says that if a debt counsellor decides not to issue, or fails to issue, a certificate, the consumer may apply to the National Consumer Tribunal to review that decision. If the Tribunal is satisfied that the consumer is entitled to the certificate under section 71(1), it may order the debt counsellor to issue it.

Section 26 of the Act establishes the Tribunal. Before you go there, ask the debt counsellor in writing why the certificate has not been issued and what is outstanding. The answer will show whether the dispute is about money owing, arrears or something else.

What happens to my credit record?

Two sections matter.

At the start. When a debt counsellor receives an application, it must notify all credit providers listed and "every registered credit bureau" (section 86(4)(b)). That is how a debt review record reaches your credit profile.

At the end. The debt counsellor must, within seven days after the certificate is issued, file a certified copy with the national credit register and all registered credit bureaux (section 71(4)(a)). If it fails to, the consumer may file a certified copy with the NCR and lodge a complaint against the debt counsellor with the NCR (section 71(4)(b)).

On receiving a copy, the bureau or register "must expunge from its records" (section 71(5)):

• the fact that the consumer was subject to the debt re-arrangement order or agreement;
• any information relating to any default by the consumer that precipitated the re-arrangement or was considered in making it; and
• any record that a particular credit agreement was subject to the re-arrangement.

Section 71 does not say how a bureau or lender treats the rest of a credit history, and Olvian does not say either.

What are the limits on new credit?

Section 88(1) says a consumer who has filed an application under section 86(1) must not incur further charges under a credit facility, or enter into any further credit agreement other than a consolidation agreement, until one of three events has occurred:

1. the debt counsellor rejects the application and the time for direct filing with the Magistrate's Court under section 86(9) has expired without the consumer having applied;
2. the court has determined that the consumer is not over-indebted, or has rejected the debt counsellor's proposal or the consumer's application; or
3. after a court order or an agreement re-arranging the obligations, all the obligations as re-arranged are fulfilled, unless fulfilled through a consolidation agreement.

Section 88(5) says that if a consumer applies for or enters into a credit agreement contrary to this section, the provisions of that Part of the Act, which deals with over-indebtedness and reckless credit, will never apply to that agreement. The NCR's release makes the same point in plain terms: a consumer is eligible to apply for or be granted new credit only after being issued with a clearance certificate by a debt counsellor.

Can a credit provider end the debt review?

For an agreement in default, yes, in limited circumstances. Section 86(10)(a) allows a credit provider, at any time at least 60 business days after the date on which the consumer applied for debt review, to give notice to terminate the review in the prescribed manner to the consumer, the debt counsellor and the NCR. Section 86(10)(b) says it cannot do so if the application has already been filed in a court or the Tribunal.

If it gives notice and then proceeds to enforce the agreement, section 86(11) says the court hearing the matter may order that the debt review resume on any conditions the court considers just in the circumstances. Ask your debt counsellor what a notice means for your plan and what can be done in response.

What about services that promise removal?

The NCR's Circular 2 of 2025 says some companies and individuals offer "debt review removal" services for a large fee. It reports fees of up to R10 000 up front and says that in most instances the status is not removed as claimed. It says consumers have the right to be removed from debt review but that there are circumstances in which they cannot be, and refers to the NCR's Withdrawal Guidelines 01 of 2021.

Section 126A(3) of the Act says a person who offers a service to improve a consumer's credit record, or to cause a credit bureau to remove information, "may not charge a consumer, or receive any payment from the consumer, for the credit repair service until that service has been fully performed", and must give a disclosure statement. The NCR asks consumers to report any business that breaks that rule.

Where do I complain?

• The National Credit Regulator. Section 136(1) says any person may submit a complaint about an alleged contravention of the Act to the NCR. Its number is 0860 627 627, and its register of debt counsellors is on ncr.org.za.
• The National Consumer Tribunal. It reviews a refusal to issue a certificate (section 71(3)).
• The National Financial Ombud Scheme, for a complaint against a bank or credit provider. It says its service is free and that it can only look at a complaint after you have first lodged it with the bank or credit provider.

What should I ask the debt counsellor about leaving?

1. What exactly must I pay or settle before you issue a certificate?
2. If I have a home loan, what counts as being up to date?
3. When will you file the certificate with the bureaux, and can I have proof of filing?
4. What happens if a credit provider gives notice to terminate?
5. Who do I contact if the certificate is delayed?

Sources

Checked on 31 October 2026. Olvian is not a debt counsellor or a financial services provider and this guide is information, not advice.

• National Credit Act 34 of 2005, sections 26, 71, 86, 88, 126A and 136, consolidated text on LawLibrary (the copy Olvian read was consolidated to 13 March 2015).
• National Credit Regulator: media release, August 2021, "Debt counselling offers new lease of life for over-indebted consumers"
• National Credit Regulator: Circular 2 of 2025, "Debt review removal"
• National Financial Ombud Scheme