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).
THE CPA & THE LANDLORD’S RIGHT TO CANCEL A SUBSEQUENT MONTH-TO-MONTH AGREEMENT
Magic Vending (Pty) Ltd v Tambwe and Others (19432/2019) [2020] ZAWCHC 175 (7 December 2020)
The Consumer Protection Act brought about much change in residential lease practice because of the consumer protection provisions that apply to fixed term agreements, such as a lease. A lease that was arranged from inception to operate on a month-to-month basis is different. The landlord may cancel the agreement on the terms agreed to with the tenant, the Act’s prescripts regarding cancellation of fixed term agreements not finding application. In addition, the Court noted that such cancellation provision in an agreement does not otherwise offend the CPA: it is neither unfair nor does it defeat the purposes of the Act.
MAY MUNICIPALITIES ADD “SPLUMA CONDITIONS” BEFORE ISSUING A TRANSFER CLEARANCE?
Glencore (Pty) Ltd and Others v Steve Tshwete Local Municipality and Others (2607/2019) (18 January 2021)
A very itchy issue in the real estate industry at present relates to the question whether a municipality has the power to impose further conditions, in addition to the requirement to obtain a municipal rates clearance certificate, before giving its permission for transfer. The judgment deals with systems applied by certain municipalities in Mpumalanga and that deeds registry, but will influence further opposition to these so-called “SPLUMA certificates” which other municipalities country-wide seek to introduce as a prerequisite to allowing transfer.
