Otto Krause Inc. News

Unfortunately with the current economic climate, many South Africans struggle to manage and repay their debt. Debt review and debt consolidation are options that may be considered to help ease the burden. Though it may sound like the same thing, there are differences...

Levies raised by body corporates of sectional title schemes are essential for the maintenance and management of the scheme. Various costs such as maintenance, insurance etc. are covered by these levies to maintain the communal areas and infrastructure. When owners...

A trust is an entity created by an individual, the founder, in terms of which assets are transferred to the trust for the benefit of its nominated beneficiaries. Trust assets are managed by trustees. Trust assets are accumulated and held in its own right and does not...

The Small Claims Court exists to make justice more accessible and less expensive. It also provides for an expedited process where the size of the claim does not warrant expensive and drawn out litigation. Claims not amounting to more than R20 000.00 may be heard in...

Section 9 of the Children’s Act (“the Act”) states that the best interests of the child is paramount in all matters involving the child. It is easy to lose sight of this where parents split up. A parenting plan can help to put personal differences aside and arrange...

It is a common clause in most lease agreements that a tenant is to pay a deposit. This deposit serves as security and covers potential damages and breaches of the agreement. Though circumstances when the deposit may be withheld may be outlined in the contract,...

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...