All you need to know about emoluments order or “garnishees”.

Know more, with Legal&Tax by your side
Lta 2940 Article Banner Wip 012

Deduction amounts

The amount to be deducted from your salary (or wage) must be clearly set out in the order you received. The judgment creditor (the person who lent the money) is able to claim the following:

  • The full amount of the money loaned, minus payments already made by the employee;

  • Interest on the outstanding balance; costs incurred by the judgment creditor to collect the money;

  • Sheriff’s fees.

Fake garnishee orders

A genuine garnishee order is an order by the court. It is served to your employer by a messenger of the court, also known as the sheriff. The sheriff needs to show the employer the original order and a copy must be left with the employer.

The order must contain the following:

  • A case number

  • A stamp from the clerk of the court

  • A signature by the attorney

  • The full name as well as the identity number or staff number of the employee

Rights of the employee

An employee who has an order granted against their salary has the right to:

  • Dispute the amount claimed, if it appears to be incorrect;

  • Apply to court to reduce the amount of the order, on condition he/she is unable to pay their dependent’s maintenance costs;

  • Ask for a statement containing particulars of payments received up to the date concerned and the balance owing. This must be given by the creditor or attorney, free of charge.

Incorrect garnishee orders

According to the Magistrate’s Court Act, an order can be set aside if a good reason can be shown. A good reason would be:

  • You have already paid the debt

  • You have paid a portion of the debt and the amount claimed is too high

  • You never incurred the debt

Recommended articles
Contracts
Domestic worker employment contract
Domestic worker employment contract
Download your free legal agreement drafted by a Legal&Tax Lawyer
Template contract
Template contract
Dismissal
Be sharp at work
Your guide to dismissal, put together by your lawyers.
How to guide
How to guide
Workers Day Article 2019
Making Labour Law Work for you
On May 1 we celebrate International Workers’ Day. In South Africa, there is a very special meaning to the day: On this public holiday, we pay tribute to the strong role that trade unions and other labour organisations played in fighting against apartheid.
How to guide
How to guide