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Article

9 Jul 2015

Author:
South African Human Rights Commission

High Court judgment gives hope to the poor, marginalised and vulnerable members of our society

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The South African Human Rights Commission (SAHRC) welcomes the judgment handed down yesterday by the Western Cape High Court in a matter relating to the lack of judicial oversight in the granting of emolument attachment orders (“EAOs”)…This case raised important questions about the protection of human rights of people who are poor, marginalised and vulnerable. The case was instituted by against the Minister of Justice, the Minister of Trade and Industry, the National Credit Regulator, 13 micro-lenders and a firm of attorneys.   The applicants were a group of low income earners…who support themselves and their families on salaries of between R1200.00 and R8000.00 per month…Prior to this judgement, EAOs were issued…to compel employers to deduct moneys (instalments in terms of judgment debt) owing to creditors, from the wages of employees…until the full amount of the debt was paid off…Yesterday’s judgment declares the granting of such EAOs unlawful and therefore unconstitutional…In support of the SAHRC’s representations in this case, the judgement notes that ‘the UN Guiding Principles on Business and Human Rights place a duty upon the state to take measures to prevent the abuse of human rights in their territory by business enterprises.  States are obliged to reduce legal and practical barriers that may deny individuals remedy.’…