Share

SAHRC to announce steps in garnishee order battle

Johannesburg – The SA Human Rights Commission (SAHRC) is on Wednesday expected to announce efforts to stop "unconstitutional" garnishee orders.

The Commission was a friend of the court in a class action case brought by the Stellenbosch University Legal Aid Clinic, on behalf of 12 farm workers, against law firm Flemix and Associates. The firm was acting on behalf of various micro-lenders.

In his judgment in the case on July 8, Western Cape High Court Judge Siraj Desai ordered that Flemix’s conduct be reviewed by the Law Society for ethical breaches. He criticised lenders for their “perfunctory or non-existent” affordability checks on borrowers.

Desai said the debt collecting procedure used by micro-lenders was unconstitutional and “an assault on human dignity”.

“The judgment must result in timely legislative reform to correct this situation,” SAHRC spokesperson Isaac Mangena said at the time.

The SAHRC has expressed concern about the effect these orders, also called emolument attachment orders, have on the poor and vulnerable.

The Magistrate’s Court Act sets out how these orders may be granted. They allow for a person’s salary to be attached should they be in arrears in paying a debt.

“These attachment orders can be done by a clerk of the magistrate’s court without the judicial oversight of a magistrate,” the commission said in a statement last year.

It has found that micro-lenders do not explain the implications of such orders to debtors and wants legislative reforms to close loopholes in the act to protect workers from abuse.

- Update: the event was cancelled on Wednesday morning.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Do you think corruption-accused National Assembly Speaker Nosiviwe Mapisa-Nqakula will survive a motion of no confidence against her?
Please select an option Oops! Something went wrong, please try again later.
Results
No, her days are numbered
42% - 373 votes
Yes, the ANC caucus will protect her
58% - 509 votes
Vote
Rand - Dollar
18.94
-0.2%
Rand - Pound
23.91
-0.1%
Rand - Euro
20.43
+0.2%
Rand - Aus dollar
12.35
+0.0%
Rand - Yen
0.13
-0.2%
Platinum
908.50
+1.3%
Palladium
1,017.25
+1.5%
Gold
2,220.32
+1.2%
Silver
24.84
+0.8%
Brent Crude
86.09
-0.2%
Top 40
68,346
+1.0%
All Share
74,536
+0.8%
Resource 10
57,251
+2.8%
Industrial 25
103,936
+0.6%
Financial 15
16,502
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE