In July 2015, we cautioned employers against paying further amounts under emoluments attachment orders without ensuring that the orders complied with the new requirements stipulated then by the Western Cape Division of the High Court. That court held that the order must have been issued by a Magistrate in open court and, where it arises from an agreement regulated by the National Credit Act, the order must have been issued in the area in which the employee resides or works.
Yesterday the Constitutional Court undertook some nifty judicial tailoring of sections 65J(2)(a) and (b) of the Magistrates’ Courts Act by deleting an “or” here, adding an “and” there and replacing a “will” with a “may”. The remodelled s65J(2) will now read as follows:
“65J. Emoluments attachment orders...
The court ruled expressly that the order has effect from 13 September 2016 and only applies to future orders.