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 01 – 2018

IS A HARD-HITTING CONTRACTUAL TERM CONSTITUTIONALLY UNFAIR AND HENCE UNENFORCEABLE?

Mohamed’s Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd (183/17) [2017] ZASCA 176 (1 December 2017)

X had regularly, for 35 years, maintained rental payments under a lease. However, due to oversight on X’s bank’s side, rental was paid late on two occasions, a few months apart. The lease agreement allowed for immediate cancellation of the lease on breach, as the parties did not include a clause providing that an opportunity to rectify the breach must be given to the defaulting party. The landlord cancelled and the tenant disputed its right to evict it in the circumstances and called on considerations of ubuntu to be read into the agreement. The Supreme Court of Appeal found in favour of the landlord and the judgment gives a valuable insight into all the interests that must be balanced in such an enquiry.

The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the forty-fourth set of notes for your STSMA Reference Guide, Prescribed Management Rule 23 is discussed.

Prescribed Management Rule 23
(N.B. Print in landscape)