Monday, 13 July 2015

Emolument attachment orders under the court's scrutiny

The Western Cape High Court last ruled last week that emolument attachment orders in Anglo American’s Platinum legal battle against fees for salary deductions und unpaid debt were invalid. Judge Desai  delivered judgment against debt collectors and the way emolument attachment orders were managed. The court also ordered that a firm of attorneys be investigated by the Law Society for breaching its ethical duties for seeking out favourable courts to secure salary attachment orders.
In Amplats’ legal battle, the mining company argued that debt collectors and administrators cannot charge what they wish or circumvent the 12.5% cap in terms of the Magistrates’ Court Act by subcontracting their duties.

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