Law on salary deductions invalid
Employers of public servants may no longer unilaterally make salary deductions
In a landmark case, the Constitutional Court has ruled that employers of public servants may no longer unilaterally make salary deductions without due process. The court declared a section of the Public Service Act, which allowed employers to deduct monies believed to be owed, as unconstitutional and invalid. The ruling is a major victory for public servants, who have complained of unnotified deductions — which have had serious implications for their finances. Employers will now have to approach the courts and make their case before deducting monies, even in cases where amounts were erroneously paid. The issue has been a thorn in the side of trade unions for years as they claimed that thousands of workers were victims of the practice — a common occurrence in the public service. In June, the government introduced the Courts of Law Amendment Bill, providing that no more than 25% of a debtor’s salary could be attached, no matter how many attachment orders they had against them. The bil...