THE Constitutional Court has handed down a landmark judgment (University of Stellenbosch Legal Aid Clinic and Others v Minister of Correctional Services and Others, CCT 127/15) delivered by Judge Raymond Zondo, relating to the judicial management of emolument attachment orders (EAO). These are called garnishee orders in ordinary legal parlance. An EAO is a court order that compels a debtor’s employer to pay his or her debt from their salary.The fundamental change that has been ushered in by the Constitutional Court is that a garnishee order involving compulsory deductions from an employee’s salary can no longer be made by a mere clerk of the court, but must be taken by a magistrate. Also of great significance is that the magistrate is mandated in this regard to apply two tests:Firstly, whether it would be just and equitable to grant the EAO; and secondly, whether the debtor is able to afford it.In this judgment the Constitutional Court upheld seven of the eight rulings made by Judge...

BL Premium

This article is reserved for our subscribers.

A subscription helps you enjoy the best of our business content every day along with benefits such as exclusive Financial Times articles, ProfileData financial data, and digital access to the Sunday Times and Sunday Times Daily.

Already subscribed? Simply sign in below.



Questions or problems? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now