Public Finance Management Act, 1999 (Act No. 1 of 1999)RegulationsPayroll Deduction Regulation, 20003. Persal Deductions |
| (1) | Subject to item 5, no employee of a department or constitutional institution or of any agency, company or consultant contracted to operate Persal may, for the purpose of the payment of any debt or any other purpose, process a discretionary deduction with effect from the date of the commencement of this Treasury Regulation. |
| (2) | Before a benefit deduction, a collective agreement deduction, a state deduction or a statutory deduction is processed on Persal, the responsible official must certify that such deduction is due and that he or she is satisfied that no portion of any such deduction is a discretionary deduction. |
| (3) | The responsible official must, if the certification contemplated in sub-item (2) is in respect of an emoluments attachment order issued against an employee in terms of section 65J of the Magistrates' Court Act, 1944 (Act No 32 of 1944), state that he or she is satisfied that— |
| (a) | the documentation presented by the judgment creditor or his or her attorney inter alia reflects that as contemplated in section 65J(2) of the Magistrates' Court Act, 1944: |
| (i) | the employee concerned has in writing consented to the issuing of the emoluments attachment order or, in the absence of such consent, the court has authorised that it be issued, whether on application or otherwise, and such authorisation has not been suspended; or |
| (ii) | that the judgment creditor or his or her attorney has first sent a registered letter to the employee concerned advising him or her of the amount of the judgment debt and costs as yet unpaid and warning him or her that an emoluments attachment order will be issued if the said amount is not paid within ten days of the date on which that registered letter was posted; |
| (b) | after satisfaction of the emoluments attachment order, the employee concerned will have sufficient means for his or her own and his or her dependant's maintenance: Provided that if the responsible official's assessment reflects that after satisfaction of the emoluments attachment order, the concerned employee will not have sufficient means for his or her own or his or her dependant's maintenance, he or she must ensure that the judgment creditor or his or her attorney is so advised and requested to inform the court in order that the court either rescind the emoluments attachment order or amend it in such a way that it will affect only the balance of the emoluments of the employee concerned over and above such sufficient means. |