It is an unfortunate reality that many workers in South Africa, including domestic workers, become subject to emolument attachment orders as a result of defaulting on loans given by unscrupulous credit providers.[i]

Emolument attachment orders require an employer (who is referred to as a ‘garnishee’) to withhold a portion of an employee’s salary and make payment of the amounts withheld to the employee’s creditor / its attorneys. In most cases, such orders are issued out of the Magistrates’ Court and must be served on the employer by way of the Sheriff.

Employers who are served with such orders often feel aggrieved for their employees especially where the amounts to be withheld from the employee constitute a significant percentage of the employee’s salary. Employers are not without remedy in this regard and they can:

• request the Judgment Creditor / its attorneys to furnish a statement containing particulars of the payments made by the employee to date and the balance owing.[ii] This must be done free of charge; and/or

• dispute the existence, validity of the emolument attachment order or the correctness of the balance claimed on the part of the employee.

Practically speaking, however, most employers do not wish to involve themselves in the legal disputes of their employees. Employers may therefore advise their domestic workers that if they wish to challenge an emolument attachment order they can contact free legal aid services such as Legal Aid South Africa or ProBono.Org. The contact details for these organisations can be located at the following websites respectively: http://www.legal-aid.co.za  and www.probono.org.za.

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[i] It has been reported that 5.5 million South Africans are three months or more behind in their loan repayments (See Credit Bureau Monitor, First Quarter, March 2018)

[ii] See section 65J(4)(b) of the Magistrates’ Court Act