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South Africa Case Law

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Family And Children [2018] ZAGPPHC 672

African Development Bank v TN (A479/2017)

African Development Bank v TN (A479/2017) [2018] ZAGPPHC 672; [2018] 3 All SA 646 (GP); 2019 (2) SA 437 (GP) (15 June 2018)

The court held that the Maintenance Act permits the granting of emoluments attachment orders ex parte, with the employer's right to seek rescission, suspension, or variation provided for after the order is made. The discrepancies in the dates of the order and accompanying documents were found to be administrative and immaterial, as the operative document was the signed order. The Bank's claim to immunity was rejected on the basis that the order did not affect the Bank's assets but only the emoluments due to its employee, and that the immunity provisions were not intended to shield employees f…

  • Maintenance Order Enforcement
  • Emoluments Attachment
  • International Organisation Immunity
  • Rescission Of Judgment
  • Audi Alteram Partem
  • Child Rights
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.