Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

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

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