The Constitutional Court ruled in :
University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others  ZACC 3
that the wording of section 65J(2)(a) of the Magistrates’ Courts Act, 1944 should be changed to align it with the Constitution.
The section now requires the judgement debtor to consent to the order in writing, and a magistrate to authorise the order. While orders from the Constitutional Court declaring any provision of an act are usually retrospective, this was not the case here. Nevertheless, it will provide future relief for employees. It will now be possible for Magistrates to monitor the total deductions from the wages of employees to ensure that not all earnings are deducted and paid over to creditors.
The suspension of the duty of Employers in the Western Cape to deduct and pay over amounts ordered in emolument orders no longer apply, however Employers should ensure that the order complies as required by the Constitutional court. Contact us on email@example.com for advice and assistance with rights and obligations on garnishee orders.
Reference : http://www.fin24.com/Money/Debt/landmark-judgment-on-garnishee-orders-20160913