Rights Guide
Emoluments Attachment Orders (EAOs) in South Africa: Your Rights
An emoluments attachment order (EAO) allows a creditor to deduct money directly from your salary. Learn when EAOs are lawful, how to set them aside, and what the NCA says about consent.
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South African Law
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Direct Answer
An emoluments attachment order (EAO) — commonly called a garnishee order — is a court order that instructs your employer to deduct money from your salary and pay it directly to a creditor. Under the National Credit Act and the Constitutional Court ruling in University of Stellenbosch Legal Aid Clinic v Standard Bank, EAOs issued without your consent or knowledge, or in courts far from your home, are often unlawful and can be set aside.
What the Law Says
Your Legal Foundation
Magistrates' Courts Act 32 of 1944
Section 65J
“An emoluments attachment order may be issued against the emoluments (salary) of a judgment debtor. The debtor must be notified and the order is subject to the court's discretion as to amount and fairness.”
National Credit Act 34 of 2005
Section 90(2)(n)
“A credit agreement is unlawful if it includes a consent to an emoluments attachment order that is not made before a commissioner of oaths at the time of conclusion of the agreement.”
Constitution of the Republic of South Africa, 1996
Section 34
“Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.”
What to Say
Exact Words to Use
“"I have not received notice of this EAO or had an opportunity to be heard by the court. I am applying to have it rescinded on the grounds that it was issued without jurisdiction and without proper consent in terms of section 65J of the Magistrates' Courts Act and section 90(2)(n) of the NCA."”
Tone: Formal, written, to the court
“"I require a copy of the emoluments attachment order, the court order it is based on, and the judgment debt calculation. I am entitled to this information as the debtor."”
Tone: Firm, factual
Common Questions
Frequently Asked Questions
Can multiple EAOs be issued against the same salary in South Africa?
A court may issue multiple EAOs but cannot authorise deductions that leave you without sufficient income for subsistence. Constitutional Court jurisprudence and court rules require that the total deductions leave the debtor with enough to live on. If your combined EAO deductions leave you destitute, each order can potentially be varied downward.
What is the maximum amount that can be deducted under an EAO in South Africa?
There is no fixed statutory maximum percentage, but courts must ensure deductions are just and equitable. In practice, many courts apply the guideline that deductions should not exceed 25% of take-home pay for low-income earners. The court can vary the amount at your request if the deduction causes severe hardship.
Can I be dismissed because of an EAO on my salary?
No. The Basic Conditions of Employment Act and Labour Relations Act protect employees from dismissal or other adverse action solely because their salary is subject to an EAO. If you are dismissed because of an EAO, this constitutes automatically unfair dismissal under LRA s187.
What is the difference between an EAO and a wage garnishment in South Africa?
They are the same thing called by different names. "Emoluments attachment order" is the correct South African legal term; "garnishee order" is the colloquial name. "Wage garnishment" is the American equivalent term. All refer to a court order compelling your employer to deduct salary and pay a creditor directly.
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