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
Star Wars' disciple on why you should watch 'The Last Jedi'

Star Wars' disciple on why you should watch 'The Last Jedi'

Film reviewer and Star Wars fanatic JP Sebastian says the Walt Disney Co movie is a cinematic experience unlike no other.

Top rules for renting out property

Top rules for renting out property

SAProperty.com's Sunell Afrika has shared her expert advice for both property owners and tenants.

A dark Christmas for commuters taking the Golden Arrow bus

A dark Christmas for commuters taking the Golden Arrow bus

‘The transport sales providers tend to take advantage of festive season times and increase prices to make a profit' - Dalton Ndongeni

All eyes on UN after ICC reports Jordan for failing to detain Al-Bashir

All eyes on UN after ICC reports Jordan for failing to detain Al-Bashir

The International Criminal Court reported Jordan to the United Nations Security Council for not arresting the Sudanese leader.

Reconfiguring provinces, municipal funding model up for review at ANC conference

Reconfiguring provinces, municipal funding model up for review at ANC conference

As the ANC elective conference draws near, the party is holding a media briefing on governance and legislature.

SA desires united country, but trust in public institutions has dropped - report

SA desires united country, but trust in public institutions has dropped - report

Citizens are more optimistic about the potential for a unified society, the 2017 SA Reconciliation Barometer Survey shows.

Popular articles
Predictably awesome new Nando's ad reminds South Africans ‘we can fix our sh$t’

Predictably awesome new Nando's ad reminds South Africans ‘we can fix our sh$t’

Watch the Guptas pack their bags and run in Nando's inspiring new advertisement.

PSG Chair Jannie Mouton opens up (kind of) about Steinhoff

PSG Chair Jannie Mouton opens up (kind of) about Steinhoff

In 2012 Steinhoff acquired 20% of wealth manager PSG, reportedly infuriating Mouton. Bruce Whitfield interviews him.

[LISTEN] Sara-Jayne King overjoyed at finding her biological father

[LISTEN] Sara-Jayne King overjoyed at finding her biological father

After a 702/ CapeTalk interview, the author of the autobiographical book Killing Karoline spoke to her dad for the first time.

[LISTEN] Caller challenges Eusebius on land disposition

[LISTEN] Caller challenges Eusebius on land disposition

‘I need you to provide me with an answer' - John from Edenvale, Gauteng

Number of South Africans visiting the seaside has dropped

Number of South Africans visiting the seaside has dropped

Fedhasa's CEO is encouraging South Africans to take a look at the specials that are currently out there and make their bookings.

How businessman Max Lichaba struck gold with his jewellery company

How businessman Max Lichaba struck gold with his jewellery company

Entrepreneur Max Lichaba built his own empire and is the CEO of Lichaba Creations and several other businesses. This is his story.