oa De Rebus - The use of emolument attachment orders, jurisdiction and forum shopping under the spotlight : opinion
Much has been written in the press and elsewhere about the recent judgment of 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) - the highly publicised matter concerning the ostensible abuse of emolument attachment orders (EAOs) by micro-lenders and debt collectors. An in depth study about the morality and legality of the EAOs falls outside the ambit of this article. Rather, this article will evaluate the court's reasoning as to how it concluded that, in proceedings brought by a creditor for the enforcement of any credit agreement to which the National Credit Act 34 of 2005 (NCA) applies, s 45 of the Magistrate's Courts Act 32 of 1944 (MCA) does not permit a debtor to consent in writing to the jurisdiction of a magistrate's court other than that in which that debtor resides or is employed.
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