This is despite a far-reaching Constitutional Court (ConCourt) ruling in September 2016 that confirmed a High Court ruling that aspects of the enforcement of emolument attachment orders (EAOs, commonly referred to as garnishee orders) were unconstitutional.  An EAO is a court order that forces an employer to deduct an amount from an employee’s wages to pay a third party, such as a creditor.  EAOs can now be granted only by a judge or a magistrate and must be granted in the court with jurisdiction in the area where the debtor resides or works.  The debtor and the debtor’s employer must be given notice of the creditor’s intention to have the EAO issued, and the consumer has 10 days to oppose the order.  Also, subsequent legislation has placed a cap on the employee’s gross earnings that can be attached of 25%.  Lala-Mohan, who often receives complaints relating to EAOs, recently met with the SA Human Rights Commission (SAHRC) and the National Credit Regulator (NCR) to discuss measures to address undesirable practices, which “appear to thrive despite the latest legislation”.

Source: SA Labour News