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
Bathabile Dlamini and Sassa no-shows at Parly meeting

Bathabile Dlamini and Sassa no-shows at Parly meeting

Sassa sent a letter on Tuesday night saying it had nothing meaningful to report says EWN reporter Lindsay Dentlinger.

Stellies 'worm whizz' wants to know what fisherfolk use on their hooks

Stellies 'worm whizz' wants to know what fisherfolk use on their hooks

A marine biologist is leading a survey which aims to gain a better understanding of the demand on worms as bait along the coast.

This Cape Town man has been off the water grid by harvesting rainwater at home

This Cape Town man has been off the water grid by harvesting rainwater at home

Mechanical engineer Andy Cunninghame has proven that it is possible to save municipal water by harvesting and filtering rainwater.

CT airport shooting attempted hit on gang boss allegedly linked to '28s' -expert

CT airport shooting attempted hit on gang boss allegedly linked to '28s' -expert

A policing expert explains that the airport shooting may be linked to the shooting at a Stellenbosch nightclub this past weekend.

Discovery's bank licence approval may see unhappy clients jumping ship

Discovery's bank licence approval may see unhappy clients jumping ship

Business Day's Hilary Joffe predicts that the venture will be innovative and joined to the existing Discovery Vitality card.

Smartphone multitasking can hinder varsity students ability to study - research

Smartphone multitasking can hinder varsity students ability to study - research

Stellenbosch University's Cognition and Tech Research Group Daniel Le Roux explains the effect of media multitasking on cognition.

Popular articles
LISTEN: Gerrie Nel on why he's persuing prosecution against Duduzane Zuma

LISTEN: Gerrie Nel on why he's persuing prosecution against Duduzane Zuma

AfriForum will prosecute Duduzane Zuma after NPA declined to do so in 2015 following a 2014 accident where a woman died.

How we invented the modern concept of sleep

How we invented the modern concept of sleep

Dr Bodhisattva Kar reveals how industrial capitalism influenced the world's current sleep patterns.

Hassen Adams (he brought Burger King and Dunkin’ Donuts to SA) talks money

Hassen Adams (he brought Burger King and Dunkin’ Donuts to SA) talks money

The Money Show’s Bruce Whitfield interviews Adams about his attitude to money (hopes and fears, successes and failures, etc.).

Kloof Street residents living in fear as crime multiplies

Kloof Street residents living in fear as crime multiplies

A Cape Town man was stabbed to death on Saturday while trying to assist two women who were being mugged on Kloof street.

‘I started my thriving business with R5000 (and made a profit in the 1st month)’

‘I started my thriving business with R5000 (and made a profit in the 1st month)’

After 3 years there are 3 Nic Harry stores (incl online) that sell 100 000 pairs of socks in over 20 countries around the world.