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Johannesburg - The Constitutional Court handed down judgment on Tuesday that sees emolument attachment orders requiring judicial oversight to determine if they are just and equitable, and if the amount is appropriate.
An emolument attachment order, commonly known as a garnishee order, is a court order that compels a debtor's employer to pay his/her debt from their salary.
The judgment confirmed an order made by the Western Cape division of the High Court that certain words in section 65J(2) of the Magistrates' Court Act was inconsistent with the constitution. The act failed to provide judicial oversight over the issuing of garnishee orders.
