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:


Recommended

by NEWSROOM AI
Read More
Equal Education: Lack of political will from gov to fix school sanitation crisis

Equal Education: Lack of political will from gov to fix school sanitation crisis

Equal Education has urged the Basic Education Department to speed up its efforts in getting rid of pit toilets in the country.

[WATCH] Mavericks' advertising airplane battles in Cape stormy skies

[WATCH] Mavericks' advertising airplane battles in Cape stormy skies

Eye witnesses describe how the small plane often seen in Cape Town skies trailing Maverick's banner struggling in the sky.

New fad alert! Checkers launches collectible line of garden plants for kids

New fad alert! Checkers launches collectible line of garden plants for kids

Parents need to buckle up for the new miniatures craze launched by retailer Checkers. This time, focusing on gardening kits.

Big water users exiting the grid may mean less money in City coffers

Big water users exiting the grid may mean less money in City coffers

Cape Town Executive Deputy Mayor Ian Neilson says there have been almost 30 000 comments on proposed 27% water tariff of hike.

Mosebenzi Zwane key witness in parliamentary state capture inquiry

Mosebenzi Zwane key witness in parliamentary state capture inquiry

Parliament has now adopted the terms of reference for the inquiry into former Mineral Resources Minister Mosebenzi Zwane.

WATCH: Tafelsig residents furious over faeces flowing through streets

WATCH: Tafelsig residents furious over faeces flowing through streets

Tafelsig residents say they are forced to endure the smell and sight of human faeces, as well the potential health hazard.

Popular articles
Why many couples today are struggling with marriage

Why many couples today are struggling with marriage

Dr Eve advises that many modern couples need marriage to be a safe space for self-expression and self-actualisation.

'The NPA should be ready and re-enroll the matter' - Nel on Malema prosecution

'The NPA should be ready and re-enroll the matter' - Nel on Malema prosecution

AfriForum not backing down over decision to privately prosecute Julius Malema.

Ed Dept scraps supplementary exams for matriculants

Ed Dept scraps supplementary exams for matriculants

The Department of Basic Education has announced it will do away with matric supplementary exams from 2019.

Why it's not easy getting a refund or replacement after buying a dud car

Why it's not easy getting a refund or replacement after buying a dud car

Motor Industry Ombud Johan Van Vreden says the component of the car must first be replaced if it's defective, not the whole car.

This is how much you should be paying your domestic worker

This is how much you should be paying your domestic worker

Stephen Rathai, director of employment standards at the Department of Labour talks on the new national minimum wage.

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

Mugg & Bean agrees to pay medical bill of customer

Mugg & Bean agrees to pay medical bill of customer

Mugg & Bean has agreed to pay for customers medical bills after a month of being in pain and pestering the chain to pay the bill.