oa De Rebus - Debt collection system to be changed : editor's note
|Article Title||Debt collection system to be changed : editor's note|
|© Publisher:||Law Society of South Africa|
|Publication Date||Aug 2015|
In trying to curtail the abuse of the debt recovery procedure system, the Department of Justice and Constitutional Development released a statement to say that it is finalising the Magistrates' Courts Amendment Bill. This comes after a recent judgment in University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice And Correctional Services and Others (WCC) (unreported case no 16703/14, 8-7-2015) (Desai J) where Desai J ruled that the current system of emoluments attachment orders (EAOs) is unlawful, invalid and inconsistent with the Constitution as it does not provide for judicial oversight.
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