Crisis Guide
Challenging a Garnishee Order (Emoluments Attachment Order) in South Africa
Unfair garnishee order (EAO) deducting too much from your salary in South Africa? You can challenge it in court. Know your rights to have it reduced or rescinded.
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South African Law
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Direct Answer
You have the right to apply to court to rescind or vary a garnishee order (EAO) if it was obtained unlawfully, in the wrong jurisdiction, leaves you below subsistence level, or the debt is prescribed. The Constitutional Court has ruled that many existing EAOs were unlawfully obtained.
What the Law Says
Your Legal Foundation
Magistrates' Courts Act 32 of 1944
Section 65J
“The court may, at any time, vary, suspend, or rescind an emoluments attachment order if it is just and equitable, or if circumstances have materially changed.”
National Credit Act 34 of 2005
Section 93
“An EAO may only be granted in the jurisdiction where the employee works or resides. EAOs obtained in a different jurisdiction are invalid.”
Common Questions
Frequently Asked Questions
How many EAOs can I have on my salary in South Africa?
Courts may grant up to two EAOs against one salary. Total deductions generally cannot exceed 25% of your net take-home pay — leaving you with enough to live.
Can an EAO be obtained without my knowledge?
Technically yes — if you signed consent-to-judgment in your credit agreement. But the Constitutional Court has found many such practices unlawful. Challenge the validity.
Does rescinding an EAO cancel my debt?
No — it only removes the court order deducting from your salary. The underlying debt remains. You should also address the debt through negotiation or debt review.
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