In the case of Russells (Ceres) v Manyashe en ‘n Ander 2005 (4) SA 380 (C) the court looking at the issue of emoulments attached orders (“EAO”) granted by consent, in terms Section 65J of the Magistrates’ Court Act 32 of 1944, where the debtor had consented to the EAO before the granting of judgment held that these were valid.
Therefore the usual practice of getting the debtor to sign a Section 58 Consent to judgment consent to judgment incorporating a consent to an emoluments attachment was accepted by the court …