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 02 – 2021

BUILDING PLANS ARE MORE THAN JUST PAPERWORK

 

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020)

In this matter, a homeowner not only deviated from its approved building plans and subsequent rider plans, but also continued building before the outcome of departure applications (which were never granted). It turned out the plans were incorrectly approved by the municipality. This was because much of the envisaged end product contravened building regulations. In addition, many substantive alterations to the original plans were not ‘marked up’ properly when submitted for approval as rider plans, resulting in these slipping through the cracks. With the result that the plans were set aside despite building works being so far along, would a demolition order be granted?

The Judgment 
Summary of the Judgment

 

MUSLIM MARRIAGES: NOW AND THE YEAR 2022

 

President of the RSA and Another v Womens Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/19) [2020] ZASCA 177 (18 December 2020)

In an important judgment handed down by the Supreme Court of Appeal in December 2020, it was acknowledged that our law’s treatment of the religious marriages concluded in terms of Shariah law has many negative consequences for spouses and children in those marriages. Declaring this to be unconstitutional, the Court ordered Parliament to come up with amended or new legislation before the end of 2022, and made interim provisions to assist spouses in such marriages with immediate effect. It is important to take note of these, especially where such spouses are parties to contracts or seeking a divorce.

The Judgment
Summary of the Judgment