One such case is that of Mndavazi Mthombeni who complained that her employer has failed her by not scrutinising the garnishee order of R9036 against her salary after she questioned the previous unlawful attachments.

Nicky Lala- Mohan, the credit ombud said the South African Human Rights Commission (SAHRC), National Credit Regulator and the credit ombuds met to discuss measures to address undesirable practices which appear to continue to thrive despite the latest legislation.
The discussion focused around consumer education, EAOs, setting up of a task team to deal with EAO exploitations, engaging with important stakeholders like the portfolio committee (Justice & Trade and Industry), Magistrates Commission and others.
He said his office often receives and investigated complaints relating to EAOs.

Lala-Mohan said as a result there had been two court case victories which made it mandatory that the garnishee orders be granted with judicial oversight to ensure that consumers are in a position to sustain themselves and their families before any amount is deducted from their wage or salary.

Unlike previously, the Act provides for a cap on the amount that can be attached which cannot exceed 25% of consumers gross earnings, he said. Lala-Mohan said this was included in the Act as a control mechanism to ensure that not all of the consumers salary is attached.
"It goes a long way to ending situations where consumers have been left with almost no salary after EAO deductions," he said.

Source: Sowetan