Download the Amendments to the Magistrates Courts Act
The recent changes to the Magistrates Courts Act, as signed off by the President, allow for refinement of procedures surrounding things like consent to jurisdiction (regional or district), recission of judgements where the debt is paid up, clarifies the process of debtors making offers after a judgment has been issued on a debt and adds in fines and penalties relating to emolument attachment orders or EAOs (commonly called “garnishee orders” by most people).
The amendments really attempt to reshape the past EAO (Garnishee) practices and hope to ensure an end to abuses in this regard by adding limits and ensuring proper oversight.
There are also some refinements to the definitions section to add greater clarity. It also adds that orders in terms of section 55 should be just and equitable and allow the consumer enough to cover necessary costs and obligations while taking into account their income. This is something that was often overlooked in the past.
Courts of Law Amendments There have been a number of important court cases which have changed the way we understand things about the law and the way the courts work. This and other challenges has prompted a relook at the … read more
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‘Garnishee’ Case Goes To Constitutional Court The all important Constitutional Court case regarding Emoluments Attachment Orders – EAOs(often called Garnishee Orders) will be heard on the 3rd of March 2016. The case began a while back in Stellenbosch in Cape … read more
Flemix EAOs Thrown Out Judge Siraj Desai has ruled in the Western Cape High Court that 15 salary attachment orders (EAOs) which were brought by Flemix & Associates were obtained unlawfully. Judge Desai has thrown them out and ordered the … read more
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