Garnishee orders and in duplum

[Citizen X]

Hi Vanash - thank you for your very erudite reply. I must confess, however, that my eyelids started to droop about half-way through your explanation (my problem, not yours).

In a nutshell are you saying that the In Duplum rule exists but has not yet been tested in a court of law - and that if it is, there is ambiguity enough for it to not apply?

A very good after to you Mike
The in duplum rule has been codified in terms of section 103 of the NCA, however, I beleive that section 103 in it's present form doesn't give effect to the true intention of the legislators(Those 400 people in Parliament), I believe that if challenged by sound counsel in court supported by case law, we just may find a situation where the regulations are relaxed. The only problem with this approach is that you ideally need a team of legal parctitioners who trult care about the welfare of South Africans and are willing to take on a matter such as this pro bono. Another way, is for any South African to simply write to the SALRC and state these concerns. They may be the only body which can convince Parliament that the mentioned sections are not in line with the legislators true intentions..