concourtBizNews reports that according to Odette Geldenhuys of law firm Webber Wentzel, the Constitutional Court’s judgment to change the management of emoluments attachment orders (EAOs), also known as garnishee orders, is a “100% win” for indebted people in SA.  

Geldenhuys was the pro bono attorney for the applicants who initially brought the case in the Western Cape High Court last year.  “The big change which we thought would be fair, is that decisions of whether a salary should be attached by an EAO now cannot be made by a clerk of the court any more.  The court now has put that decision to the magistrate, and it also gives the magistrate two tests to look at: firstly, whether it would be just and equitable to grant the EAO and secondly, what the debtor will be able to afford,” Geldenhuys indicated.  She emphasised that the judgment is not saying to debtors they do not have to pay.


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