The Constitutional Court. File photo: Matthews Baloyi The Constitutional Court. File photo: Matthews Baloyi
Johannesburg - The Constitutional Court has ruled in favour of the University of Stellenbosch's Legal Aid Clinic concerning the issuing of emoluments attachment orders against debtors.
Judge Chris Jafta passed down the judgment on Tuesday with immediate effect that no emoluments attachment orders may be issued unless the court has authorised the issuing of such attachments. This would include ensuring an appropriate amount was deducted from the debtor.
“The Constitution requires judicial supervision when emoluments attachment orders are issued, the section meets the requirements.”
This comes after Legal Aid Clinic went to the highest court in the land asking it to do away with all emolument attachment orders issued in the wrong jurisdiction or signed off by a clerk of the court instead of a magistrate.
The Constitutional Court has ruled that such emolument attachments may only be done by a magistrate.
Legal Aid's Mathilda Rosslee said the order would ensure that workers were treated fairly.
“Workers were coming to me in their numbers, with such desperation. I am so glad that they are now able to be treated fairly and that they will be able to have some money left over.”
Labour Bureau