Section 79 Eligibility Criteria

Who Qualifies for Debt Review in South Africa?

To qualify for debt review in South Africa, you must be a consumer with a regular verifiable income (employed, self-employed, or pensioner) who is legally determined to be “over-indebted.” Over-indebtedness means your net monthly earnings are insufficient to cover both reasonable essential living expenses and all your contractual debt repayments.

By Carolina Guevara Harris (NCRDC3152)•Updated for 2025

Self-Check Tool

Quick Eligibility Assessment

Answer 3 simple questions to see if debt review may be appropriate for your situation:

1. Do you receive a regular monthly income (salary, wages, business draw, or pension)?

2. Are you falling behind or struggling to make your monthly loan, card, or asset payments?

3. After paying debt instalments, is there insufficient money left for food, school fees, and utilities?

Detailed Qualification Requirements

1. Must Have Verifiable Regular Income

Unlike bankruptcy liquidation where assets are sold off, debt review is a monthly repayment restructuring mechanism. You must have sufficient regular income to make the reduced monthly payment to your creditors. Full-time, contract, self-employed, and pensioners are all eligible.

2. Proven Over-Indebtedness (Section 79)

A registered debt counsellor calculates your reasonable living expenses (rent/food/transport/education). If your take-home pay minus living expenses is less than your contractual credit repayments, you are legally classified as over-indebted.

3. South African Credit Agreements

Your debts must fall under the National Credit Act. Credit cards, overdrafts, personal loans, vehicle finance, and bonds taken out with South African financial institutions are covered.

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Get Formally Assessed

Carolina Guevara Harris (NCRDC3152) will review your income and debt schedule