15th February 2014
Attention: Editors and Reporters
The South African Human Rights Commission (the Commission) is extremely concerned about the constitutionality and impact of the provisions of the Emolument Attachment Orders (“EAOs”) as articulated in the Magistrates Court Act 32 of 1944(MCA) on the poor, the vulnerable, the marginalized amongst other groups including, but not limited to, the pensioners and women. In terms of the EAO a person’s salary, may be attached should they be in arrears and fail to make alternative arrangements regarding the settling of the debt. These attachment orders can be done by a Clerk of the magistrates’ court without the judicial oversight of a magistrate.