Data-retention periods for credit bureau information
The National Credit Act prescribes the maximum periods for which consumer credit information may be recorded on the consumer’s credit record. Regulation 17(1) of the National Credit Act sets the maximum periods for the retention of credit bureau information as follows:
| Categories of consumer credit information | Description | Maximum period |
| 1. Details and results of disputed lodged by consumers | Number and nature of complaints lodged and whether complaint was rejected. No information may be displayed on complaints that were upheld. | 6 months |
| 2. Enquiries | Number of enquiries made on a consumer’s record, including the name of the entity/person who made the enquiry and a contact person if available | 1 year |
| 3. Payment profile | Factual information pertaining to the payment profile of the consumer | 5 years |
| 4. Adverse classifications of consumer behaviour | Subjective classifications of consumer behaviour | 1 year or within fourteen business days after settlement by the consumer |
| 5. Adverse classifications of enforcement action | Classification related to enforcement action taken by the credit provider | 1 years or within fourteen business days after settlement by the consumer |
| 6. Debt restructuring | As per section 86 of the Act, an order given by the Court or Tribunal | Within the period prescribed in section 71(1) of the Act or until a clearance certificate is issued |
| 7. Civil-court judgments | Civil-court judgments including default judgment | The earlier of 5 years or until the judgment is rescinded by a court or abandoned by the credit provider in terms of section 86 of the Magistrates’ Courts Act 32 of 1944 or within the period prescribed in section 71A of the Act |
| 8. Administration orders | As per the court order | 5 years |
| 9. Sequestration order | As per the court order | 5 years or until the rehabilitation order is granted |
| 10. Rehabilitation Order | As per the court order | 5 years |
| 11. Maintenance judgments in terms of the Maintenance Act 99 of 1998 | As per the court judgment | Until the judgment is rescinded by court |
Adverse classifications of consumer behaviour are subjective and include such classifications as “delinquent”, “default”, “slow paying”, “absconded” or “not contactable”. Adverse classifications of enforcement action are classifications related to enforcement action taken by the credit provider, including such classifications as “legal action” or “write-off”. “Payment profile refers to the consumer’s payment history in respect of a particular transaction.”
How the law has been enforced in real life
Dealing with a messy credit record can feel like you are carrying a permanent financial ball and chain. Fortunately, the law views these records not as life sentences, but as temporary markers with strict expiration dates. The National Credit Act (NCA) is rigid about how long credit bureaus can hold your past against you.
Let’s take the dense legal language of Regulation 17(1) and South African case law and translate them into real-world stories so you can see exactly how these data-retention periods are enforced.
1. Sipho and the Paid-Off Judgment
The Rules: * Adverse classifications (like “slow paying” or “legal action”): Removed after 1 year, or within 14 days of settlement.
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Civil-court judgments: Removed after 5 years, or automatically upon settlement, rescission, or abandonment.
The Story:
Sipho hit a rough patch and defaulted on his personal loan. His credit provider labelled his account as “delinquent” (an adverse behaviour classification) and eventually took him to court, securing a default civil-court judgment against him. For a while, Sipho couldn’t even get a cell phone contract.
Two years later, Sipho got a new job and aggressively paid off the entire loan. Under older laws, that judgment would have haunted his credit profile for a full 5 years regardless of his payment. However, thanks to the NCA’s Section 71A—and principles highlighted in recent legal precedents like Kataka v Standard Bank—the rules have changed. Once Sipho’s creditor received the final payment, the adverse listing had to be wiped from his credit profile within 14 business days. Furthermore, because the debt was settled in full, the judgment was legally required to be removed automatically. He didn’t have to wait for the 5-year maximum or hire a lawyer to rescind it. His slate was wiped clean simply because he settled.
2. Lerato’s Credit Window Shopping
The Rules: * Enquiries: Retained for 1 year.
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Payment profile: Retained for 5 years.
The Story:
Lerato is a meticulous payer. Every month, her credit card and vehicle finance are paid on time, building a stellar factual payment profile that showcases her reliability for a rolling 5-year period.
However, when she wanted to buy a house, she panicked and applied for a mortgage at six different banks in one week to see who would give her the best interest rate. Every bank checked her profile, logging an “enquiry.” Suddenly, she looked desperate and “credit hungry,” which negatively impacted how lenders viewed her risk.
The good news? Lerato doesn’t need to panic. Enquiries have a strict maximum shelf-life of 1 year. All she had to do was hold off on applying for any new credit. Twelve months later, all those enquiries vanished automatically, leaving only her immaculate 5-year payment profile to do the talking.
3. Johan’s Debt Review Dilemma
The Rules:
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Debt restructuring (Debt Review): Stays on record until a clearance certificate is issued (as per Section 71).
The Story:
Johan was drowning in debt and opted for debt counselling. A court order restructured his payments, placing a “debt restructuring” flag on his credit profile. A few years later, Johan paid off most of his smaller debts and felt he could handle his mortgage on his own again. He simply stopped paying his debt counsellor, assuming the debt review flag would eventually expire just like an adverse listing.
He was wrong. When he applied for a business loan, the bank rejected him because the debt review flag was still active. In the landmark case of Van Vuuren v Roets, the High Court made it explicitly clear: consumers cannot unilaterally walk away from debt review just because their financial circumstances improve. Unlike a default judgment (which drops off after 5 years), a debt restructuring flag has no built-in expiration date. It only disappears when the debt counsellor issues a clearance certificate (proving the restructured debts are settled) or if Johan formally applies to a court to be declared no longer over-indebted. Johan had to go back, finish the legal process, and earn his certificate to clear his name.
4. Amina’s Fight Over Disputed Information
The Rules:
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Disputes: Retained for 6 months (but only if the complaint is rejected; upheld complaints cannot be displayed at all).
The Story:
Amina checked her credit report and found a “slow paying” listing for a clothing account she had actually closed three years prior. She immediately lodged a dispute with the credit bureau.
The bureau investigated and realized the clothing store had made an administrative error. Amina’s complaint was upheld. By law, the bureau had to correct her payment profile immediately, and absolutely no information about the dispute itself was allowed to be displayed on her record.
If, however, the store had provided proof that Amina really was paying late and her complaint was consequently rejected, the bureau would keep a record of her rejected dispute for 6 months. This simply serves to log the number and nature of complaints that were unsuccessfully challenged.