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Cape Town - A recent court judgment on garnishee orders is a victory for the poor, vulnerable and marginalised, the SA Human Rights Commission (SAHRC) said on Thursday.
These groups did not always have the means to challenge decisions which affected their lives, said SAHRC spokesperson Isaac Mangena.
“The judgment is an affirmation of the vision of our constitutional democracy, which is to improve the quality of life all citizens and free the potential of each person."
The SAHRC said it would continue to address the impact of unethical business practices, particularly within the micro-lending sector.
It intervened as a friend of the court in an application brought by the Stellenbosch University Legal Aid Clinic on behalf of 15 consumers, focussing on the processes employed by micro-lenders to secure repayment of loans.
The Stellenbosch University Legal Aid Clinic wanted the Emoluments Attachment Orders (EAOs) granted against the salaries of the 15 to be declared invalid. EAOs are more commonly known as garnishee orders.
Western Cape High Court Judge Siraj Desai ruled on Wednesday the debt collecting procedure used by micro-lenders was “unconstitutional” and “an assault on human dignity”.
“The individual applicants are a group of low income earners living in Stellenbosch, supporting themselves and their families on salaries of between R1 200 and R8 000 per month,” Desai said.
He added the ability of people to earn an income and support themselves and their families was central to the right to human dignity.
The SAHRC said there had been no judicial oversight in the entire process and the orders would be also be issued in courts far from where the debtors live or work.
It welcomed the fact that the Department of Justice, as one of the respondents, had undertaken to abide by the court’s decision.
“The judgment must result in timely legislative reform to correct this situation,” Mangena said.
