By Nomfundo Manyathi-Jele
The Law Society of South Africa (LSSA) has made submission on the Courts of Law Amendment Bill, B8-2016. It says that it supports the underlying objective of remedying the legal and oversight defects relating to emolument attachment orders.
The LSSA has, however, shown concern that some of the proposed amendments are overly prescriptive and will impede on the judicial oversight function of the courts. In the submission it states: ‘The Bill should be reviewed in its entirety and the LSSA recommends that the Bill has to be withdrawn from the parliamentary process to allow all stakeholders sufficient time to consider the adverse implications thereof and to avoid the need for lengthy debate and/or delays in the parliamentary chambers.’
In the submission, the LSSA states that it supports changes aimed at addressing legal defects, but cautions strongly against the introduction of measures that will compromise the power of a magistrate to provide judicial oversight.
The full submission document can be found on the LSSA website.
Nomfundo Manyathi-Jele, Communications Officer, Law Society of South Africa, nomfundom@lssa.org.za
This article was first published in De Rebus in 2016 (Oct) DR 20.
