BDLive reports that the Constitutional Court (ConCourt) has changed certain sections of the Magistrates’ Court Act (MC Act) dealing with emoluments attachment orders (EAOs) — commonly known as garnishee orders — to bring them in line with the Constitution.  

The aim thereof is to better protect debtors.  The court on Tuesday ruled that a judge must give oversight to the issuing of an EAO, which allows for an automatic salary deduction and is used mostly by unsecured lenders to collect on unpaid debt — to ensure that it is just and equitable.  This follows a High Court order in July last year declaring certain sections of the MA Act unconstitutional to the extent that they failed to provide for judicial oversight at the point where an EAO is granted.  The ConCourt did not confirm the order of constitutional invalidity, but opted instead to change the wording of the MA Act to make it consistent with the Constitution.  

Future EAOs shall not be issued unless the judgment debtor has consented in writing and the court has authorised the order, satisfying itself that it is just and equitable that an EAO be issued and that the amount to be deducted is appropriate.

• Read this report by Hanna Ziady in full at BDLive
• See too, Concourt clamps down on garnishee orders, at eNCA

Get other news reports at the SA Labour News home page