Garnishee Orders in South Africa (2026/2027)
A garnishee order, officially known as an emoluments attachment order (EAO), is a court order that instructs an employer to deduct a portion of an employee's salary to pay a creditor or maintenance beneficiary. These orders are governed by the Magistrates' Court Act and are binding on both the employer and the employee.
For debt judgments, Section 65J of the Magistrates' Court Act limits the deduction to a maximum of 25% of the employee's net income (salary after tax and statutory deductions). This protects employees from having their entire salary garnished. However, maintenance orders can exceed this 25% limit, as the court determines what is appropriate based on the needs of the beneficiary.
Employers are legally obligated to comply with garnishee orders and may charge an administration fee of up to 5% of the garnished amount, capped at R48.24 per deduction. If multiple garnishee orders exist, they are typically processed in the order received, with maintenance orders taking priority over debt orders.
Employees who believe a garnishee order is unlawful or incorrect can apply to the court to have it rescinded, varied, or suspended. Grounds include improper service, incorrect amounts, or changed financial circumstances. Debt counselling under the National Credit Act may also help consolidate and manage multiple debt obligations.
Frequently Asked Questions
What is a garnishee order?
A garnishee order (emoluments attachment order) is a court order directing your employer to deduct money from your salary to pay a creditor or maintenance beneficiary. It is legally binding and your employer must comply.
How much can be deducted?
For debt judgments, the maximum is 25% of your net income (after PAYE, UIF, and other statutory deductions). Maintenance orders can exceed 25% — the court determines the appropriate amount based on the beneficiary's needs.
Can I have multiple garnishee orders?
Yes, but the total for debt orders cannot exceed 25% of net income. Orders are typically paid in the sequence received. Maintenance orders take priority over debt orders and are not subject to the 25% cap.
Can I stop a garnishee order?
You can apply to court to rescind, vary, or suspend a garnishee order. Grounds include improper service, incorrect amounts, changed circumstances, or if the order causes undue hardship. Seek legal advice before attempting this.
Need payslips with automatic deduction calculations? Try our Free Payslip Generator
Generate Payslips Free →