I Have Debt I Cannot Pay — Your Rights and Free Options
If you owe money and cannot pay it back, you are not alone. Millions of South Africans are in debt. The most important thing to know is that you have rights, and there are free ways to get help. Do not panic — and do not borrow more money to pay old debt.
Never borrow money from an unregistered lender (mashonisa) to pay other debt. Their interest rates can be 30–100% per month. This is illegal and will make your situation much worse. See our Loan Sharks guide for what to do instead.
What debt collectors can and cannot do
Many people do not know their rights when a debt collector calls. Here is what they are legally allowed to do — and what they are NOT allowed to do:
But only between 8am and 9pm Monday to Friday, and 9am to 1pm on Saturdays. Not on Sundays or public holidays.
No threats of violence, arrest, or going to jail for debt (you cannot go to jail for not paying a civil debt). They cannot threaten to contact your employer, family, or neighbours either.
A debt collector cannot come to your home and take your possessions. Only a sheriff of the court, with a valid court order, can do that.
If you have not paid a debt and the creditor has not contacted you about it for 3 years, the debt may be "prescribed" (expired). You can dispute a prescribed debt and may not have to pay it. Get legal advice before paying old debt.
Free options to deal with debt
Call the bank or store where you owe money and explain your situation. Ask to change the repayment terms — smaller monthly payments, a payment break, or lower interest. Many creditors prefer this to not getting paid at all.
The National Credit Regulator (NCR) has registered debt counsellors who can help you restructure your debt legally. Call the NCR at 0800 627 627 to find a registered counsellor in your area.
NDMA offers free mediation between you and your creditors. Call 0861 628 628.
If you are facing a court case or judgment because of debt, Legal Aid SA (0800 110 110) provides free legal help. You must meet the income threshold to qualify.
Debt review is a legal process where a registered debt counsellor restructures all your debts into one affordable monthly payment. While under debt review, you are protected from legal action by creditors. It affects your credit record for the duration, but it protects your assets.
Frequently asked questions
Key contacts
NDMA (free mediation): 0861 628 628
Legal Aid SA (free legal help): 0800 110 110
CCMA (workplace debt issues): 0861 16 2616
This guide provides general information only. Always verify at official government websites. Mzansi Money Guide is independent.