No garnishee orders without judicial oversight, rules ConCourt

The Constitutional Court on Tuesday ruled that emolument attachment orders (popularly known as garnishee orders) cannot be made without a presiding officer such as a magistrate or judge.

Steven Powell, Director of Forensics at ENS Africa says the orders used to be signed by the clerk of the court without any judicial scrutiny and sometimes the amounts involved would not have been condoned by a court.

By insisting on judicial oversight, the court will determine if the order is just and equitable and whether the amount is appropriate

Steven Powell, Director of Forensics at ENS Africa

According to Powell, the ConCourt has also ruled against individuals consenting to jurisdiction that is out of the area where the debt is incurred or where the debtor resides, so that people would have better access to justice.

Powell encourages employers to take responsibility and start looking at the orders that are currently on their payroll, because there are millions of impoverished people who have these orders.

The judgement protects the vulnerable, the uneducated and low income groups, who sign things without having an idea of what they are signing up for, says Powell.

Listen to the full conversation below:

Read More
Eskom denies silencing research institutions on nuclear

Eskom denies silencing research institutions on nuclear

Micah Reddy, Investigator at amaBhungane says Eskom, the CSIR and CRSES have all denied that Eskom has gagged the research units.

John Maytham's Book Reviews: Lovemurder, Pachinko and The Glass Universe

John Maytham's Book Reviews: Lovemurder, Pachinko and The Glass Universe

John's three book picks for the week.

Becoming a solo wanderer

Becoming a solo wanderer

Backpacking alone isn't as bad as you may think says Anje Rautenbach, travel Writer and blogger, Going Somewhere Slowly.

Advertising a possible contributor to road carnage (or not)

Advertising a possible contributor to road carnage (or not)

Cape Talker listener believes advertisers and manufacturers contribute to road carnage and a marketing analyst responds.

Scopa could probe Fransman for R9 billion paid to consultants

Scopa could probe Fransman for R9 billion paid to consultants

The payments in question were made between 2005 and 2008 while Fransman was Transport and Public Works MEC.

The Wine Feature: Bright fruity flavours and a savoury finish

The Wine Feature: Bright fruity flavours and a savoury finish

John Maytham's 3 wine picks for the week.

Popular articles
Judge asks media to report responsibly after van Breda's lawyer scolds paper

Judge asks media to report responsibly after van Breda's lawyer scolds paper

The judge presiding over Henri van Breda's murder trial has urged the media to report carefully in the highly sensitive case.

Striking SAA cabin crew demand to speak with Dudu Myeni

Striking SAA cabin crew demand to speak with Dudu Myeni

According to Deputy president of the SA cabin crew Association, all SAA flights will be affected by the strike.

"I never apologised" Gwede Mantashe

"I never apologised" Gwede Mantashe

ANC sec gen dismisses Zuma's claims in court papers that Mantashe and Ramaphosa apologised to him as factional divide deepens.

Warder recalls "prison hell" as he retires after four decades at Pollsmoor

Warder recalls "prison hell" as he retires after four decades at Pollsmoor

Chris Malgas speaks about his experiences as a prison warder at the notorious Pollsmoor prison for four decades.

Sea Point's Mojo Market opens for business on Thursday

Sea Point's Mojo Market opens for business on Thursday

A new lifestyle market is set to open in Sea Point, offering a variety of food, art, fashion and entertainment seven days a week.

Judge Desai visits van Breda home on day 2 of triple murder trial

Judge Desai visits van Breda home on day 2 of triple murder trial

During the van Breda home visit State prosecutor Susan Galloway described to the judge where the murder weapon was found.

Caller berates black staff, says employers not obliged to provide transport

Caller berates black staff, says employers not obliged to provide transport

The caller from Bedfordview responds to complaints around the lack of late night transport provisions for Virgin Active workers.