Otto Krause Inc. News

An eviction is the process which is followed to legally remove a person from the property on which he resides. The Constitution provides that no person may be removed from their home without a court order. The Prevention of Illegal Eviction from and Unlawful...

It can be exciting to purchase a property, but what happens when the purchaser has “buyer’s remorse” and wishes to cancel the sale? The purchaser may cancel at any time, but not without consequence. In most contracts, a rouwkoop- or penalty clause will determine the...

A bail application may follow the arrest of an individual who does not wish to remain in custody pending his trial and for the duration of the trial. Usually, the purpose of detaining an individual pending his trial is to ensure his attendance at trial, but this can...

What is an emoluments attachment order?An emoluments attachment order (“EAO” – also known as a garnishee order), is a court order that instructs an employer to deduct money from an employee’s salary or wages to pay off and settle a debt owed. EAO’s are most commonly...

Increase in cybercrime and Business Email Compromise – Who bears the risk?Cybercrime is on the rise with criminals becoming more sophisticated and creative in their attacks. Organisations and individuals should be hyper-vigilant given the prevalence of these attacks....

What is an Acknowledgement of Debt and what is its use? An Acknowledgement of Debt ("AOD") is an agreement which contains a clear admission of liability by one party to another, together with an arrangement as to how this liability will be settled.  This liability is...

Can a company’s creditors institute claims against the directors of a company if damage is suffered as a result of the company’s conduct?This question was raised in a recent judgment by the Supreme Court of Appeal of South Africa in the case of Venator Africa (Pty)...

Losing a loved one is distressing. Having a valid last will and testament in place which guides your loved ones to know your wishes and intentions, may be a great relief in this time of grief. A will ensures that your assets are distributed to individuals (or...

The Constitution provides in Section 28 that every child has the right to parental care, basic nutrition, health care, etc. One of the ways in which this right is realised, is through the payment of maintenance. The Children’s Act 38 of 2005 provides for the...

The Bill of Rights in the Constitution of the RSA enshrines the rights of all people in the Republic of South Africa, including the right to equality, the right to privacy, the right to dignity, the right to freedom and security of the person, which incorporates the...