Courts Act Amended [Download]

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.

Act 7 of 2017 Courts Of Law Amendment Act