Learn how Debt Review Removal Affidavits and Court Documents in South Africa, work in debt review removal applications in South Africa. Expert guidance from the National Debt Review Center.

What You Need to Know about Debt Review Removal Affidavits and Court Documents

Removing yourself from debt review is not a simple withdrawal or a quick email to a credit provider. It is a legal procedure under the National Credit Act, requiring a formal court application supported by a full set of documents. At the heart of this process is the affidavit, accompanied by notices and proof that the matter has been lawfully placed before the court.

The notice of motion initiates the application, clearly identifying the court, the case number, and the relief being sought. The founding affidavit sets out the facts of the case and confirms that the consumer is no longer over-indebted. A confirmatory affidavit provides verification by the consumer. Additional papers, such as the notice of set down and service affidavit, prove that the matter has been enrolled and that all parties have been informed. The final step is the court order, signed and stamped by the magistrate, which alone has the legal effect of updating the consumer’s debt review status.

The National Credit Regulator has issued clear directives that all of these documents must also be uploaded to the Debt Help System to ensure compliance. Recent regulatory changes, including NCR Circular 09 of 2025, allow debt counsellors to update statuses directly, making accurate documentation more important than ever.

At the National Debt Review Center, every removal application is handled with precision. Each affidavit and notice is prepared in line with the Act, the Regulations, and the NCR requirements, ensuring consumers are properly released from debt review and protected from future disputes.

Ready to begin your removal application? Book a Consultation today.

The Notice of Motion

The removal application begins with the Notice of Motion. This is the procedural document that places the matter before the court. It identifies the court, sets out the case number, specifies the relief sought, and bears the official stamp of the clerk. Without this notice, the application has no standing. It signals to the magistrate and all parties that the consumer is seeking to be declared no longer over-indebted and released from debt review.

The Founding Affidavit

The Founding Affidavit provides the factual backbone of the application. It records the consumer’s details, the circumstances under which they entered debt review, the current status of their debts, and the legal grounds for removal under the Act. Annexures such as paid up letters, prescription letters, and latest affordability assessments, updated financial assessments are attached to give substance to the affidavit.

Because it is signed under oath, the founding affidavit carries significant weight. The magistrate relies heavily on it in deciding whether the consumer is still over-indebted. Any defect, omission, or inaccuracy may result in postponement or refusal of the application.

The Confirmatory Affidavit

Alongside the founding affidavit, a Confirmatory Affidavit is filed. This is signed by the consumer and confirms the facts set out in the founding papers. The court requires this verification so that the matter is not advanced on technical arguments alone, but with the consumer’s own sworn confirmation. This gives the application credibility and protects the consumer’s position if challenged by a creditor.

The Notice of Set Down

Once a date has been allocated, the Notice of Set Down is issued. This confirms the scheduled hearing date and ensures that all stakeholders know when and where the application will be heard. It is a simple procedural step, but it prevents disputes later about whether creditors were given a fair opportunity to attend court.

The Service Affidavit

No application is valid unless the papers have been properly served. The Service Affidavit proves that the founding papers, notices, and supporting documents were delivered to the consumer, the relevant credit providers, and other parties required by law. Sheriffs’ returns or other proof of service are annexed. This step demonstrates that due process has been followed, and that creditors’ rights have not been bypassed.

The Court Order

Ultimately, the process culminates in the Court Order. This is the only instrument that can lawfully release a consumer from debt review. Signed and stamped by the magistrate, the order declares the consumer no longer over-indebted and authorises their exit from the process. Without it, the Debt Help System will not reflect the consumer’s changed status, and credit providers and credit buraus will continue to treat the consumer as under debt review.

The 17.2(c) Notice to Credit Providers and Bureaus

Once a magistrate grants the removal order, a Section 17.2(c) Notice is sent to all relevant credit providers and the credit bureaus. This notice formally communicates the court’s ruling that the consumer is no longer over-indebted and must be released from debt review.

The notice ensures that the order is implemented in practice. Credit providers update their internal systems, and credit bureaus amend the consumer’s profile to reflect that the debt review flag has been lifted. Without the 17.2(c) notice, even a valid court order may take longer to filter through to creditors and the bureaus, leaving the consumer exposed to unnecessary delays or disputes.

The NCR’s Compliance Requirements

The National Credit Regulator has made it clear that all of these documents must be filed at court and uploaded to the DHS.

• Notice of motion with clear court details, case number and date of hearing.
• Notice of motion in rescission application indication the court, case number, court stamp and date of hearing.
• Founding affidavit and annexures as filed at court.
• Notice of set down
• Service Affidavit and proof of service; and
• Court order granted.

Circular 09 of 2025 introduced a key development: debt counsellors are now authorised to update DHS statuses directly. However, this authority comes with strict obligations. Every update must be supported by the complete set of documents, and failure to comply may expose a debt counsellor to regulatory action. The circular is designed to protect consumers, prevent fraudulent removals, and ensure consistency in the industry.

The Risks of Shortcuts

Consumers must be cautious of services that promise “quick removals” without court involvement. Any attempt to bypass the required documents will leave the DHS record unchanged, meaning the consumer remains flagged as under debt review. This can result in rejected credit applications, disputes with credit providers, and unnecessary costs. Worse still, an irregular removal may be challenged later, placing the consumer back into the process they were trying to exit.

How the National Debt Review Center Handles Applications

At the National Debt Review Center, every removal application is prepared in full compliance with the National Credit Act and NCR directives. Our debt counsellors are NCR registered (NCRDC3106), and our processes are aligned with the requirements of the Magistrates’ Courts and the Debt Help System.

Each affidavit and notice is drafted with precision, served correctly on all parties, lodged at the relevant court and updated on the DHS. The inclusion of the 17.2(c) notice ensures is part of the required procedures followed by registered debt counsellors which allow creditors and bureaus to be informed. This protects consumers from future disputes and ensures a legitimate, final exit from debt review.

Conclusion

Debt review removal is not an administrative step, but a structured legal process. Every affidavit, notice, and court document has its own role to play, and together they provide the legal foundation for a consumer’s release. Without the full suite of papers, no removal is valid, and no update can lawfully be made to the DHS.

For consumers, the safest approach is to work with a registered, compliant debt counsellor. For creditors, the assurance lies in knowing that the NCR’s requirements have been followed to the letter.

Book a confidential consultation with the National Debt Review Center today and let our team handle the process from start to finish.