On this episode of Spirit of the Law, we will be discussing the recent Constitutional Court’s ruling on Emolument Attachment Orders.

An Emolument Attachment Order (EAO) is obtained in the recovery of debt. It is a mechanism whereby the consumer’s salary is attached by means of a Court Order for a specific monthly amount. It is served on the consumer’s employer who has a legal obligation to deduct and remit the monthly installment as indicated on the order to the credit provider or it’s legal representative.

The EAO is believed to have caused a lot of misery and hardship for the poor, and was challenged at a Western Cape High Court and a judgement that favored the poor was given in July 2015. However, this judgement was appealed, and the Constitutional Court of South Africa last week ruled in favour of the poor.

What are the implications of this ruling for the creditors, debtors and employers?

Our special guest is Mr Mark Millner, Director and Head of Commercial and Litigation at Alan Levy Attorneys.

He has spent the majority of his career dealing with Magistrates and High Court litigation, with a passion for the strategic and adversarial nature of law.

Mark’s primary area of practice is civil litigation. His greatest area of expertise is in the realm of Landlord-Tenant Law, where he is especially accomplished in commercial & residential evictions and recoveries.

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