Garnishee Orders in South Africa Explained

A garnishee order — more accurately called an emoluments attachment order (EAO) when it targets a salary — lets a creditor recover a judgment debt by having deductions made directly from the debtor’s wages by their employer. It is governed by section 65J of the Magistrates’ Courts Act 32 of 1944.

How it works

Before an EAO can be granted, the creditor must usually have obtained judgment against the debtor. The employer (the “garnishee”) is then legally required to deduct the specified amount from the employee’s salary each month and pay it to the creditor until the debt is settled.

Safeguards after the Stellenbosch judgment

For years, EAOs were widely abused, with unaffordable deductions granted far from where debtors lived. In the landmark University of Stellenbosch Legal Aid Clinic case, the Constitutional Court confirmed that a magistrate — not a clerk of the court — must authorise an EAO, and must be satisfied that it is just and equitable and that the debtor can afford the deduction. The order must also be granted in the court where the debtor lives or works.

Limits on deductions

• The deduction must leave the debtor with enough to cover basic living expenses.
• A court can reduce, suspend or set aside an EAO if it is unaffordable or was improperly granted.
• The total amount deducted may not exceed what is lawfully owed, including permitted costs and interest.

Challenging an order

If an EAO is taking too much of your salary or you believe it was granted unlawfully, you can approach the court to have it reconsidered, reduced or set aside. You are entitled to see how the debt was calculated, including interest and collection charges, which are sometimes inflated.

Because your income is directly affected, it is worth getting advice quickly if you receive notice of an emoluments attachment order — especially if the deduction leaves you unable to cover essentials.