Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 14 – 2019

COMMON LAW PRINCIPLES: VERBAL MANDATE TERMINATED AT SHORT NOTICE

Liberty Group Limited and Others v Mall Space Management CC t/a Mall Space Management (644/18) [2019] ZASCA 142 (1 October 2019)

Under common law, a mandate is generally terminable at the will of the principal and unless specifically provided for, a notice of intention to terminate is unnecessary. Could the agent, whose oral mandate was terminated given 5 days’ notice, call on principles of Ubuntu to demand a 6 month notice period? The Judgment can be viewed here.

The Judgment
Summary of the Judgment

MANDAMENT GRANTED AGAINST PROSPECTIVE TENANT

Rae’s Property CC v Lucky F O Automobile (Pty) Ltd and Another (28949/2019) [2019] ZAGPJHC 319 (6 September 2019)

The mandament van spolie is a remedy that ensures the restoration, before all else, of unlawfully deprived possession to the possessor. A classic example is that in certain circumstances, even a thief may use this remedy to hold onto goods, if the deprivation occurred unlawfully. This matter deals with the application of this principle, where a prospective purchaser and tenant moved into premises before an agreement was concluded.The Judgment can be viewed here.

The Judgment
Summary of the Judgment