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 05 – 2021

THE TRUSTEES ARE NOT DOING THEIR JOB

Haitas v Froneman and Others (1158/2019) [2021] ZASCA 1 (6 February 2021)

Our courts are often called upon to adjudicate in matters relating to a trust’s management. The present judgment is another, dealing with a request by the sole beneficiary for removal of trustees because they are not ’doing their job’. But doing the job requires of trustees to follow the instructions in the trust deed and not their own judgment or that of the beneficiaries. In practice this can become very difficult. The judgment illustrates what is expected of trustees.

The Judgment
Summary of the Judgment

DESPERATE TIMES, DESPERATE MEASURES FAIL

Motsima and Another v Kopa and Others (2122/2019) [2021] ZAFSHC 21 (8 February 2021)

A cash-strapped homeowner, fearing the bank will repossess his property, searched on Google for assistance. He found the assistance by way of the offer of a sale of his property and then a re-purchase thereof, within a certain period. But the plans went awry and, after losing his home, the erstwhile owner cried foul. The court highlighted the requirements for a valid transfer of ownership, and applied these to the facts of the matter to ascertain whether the transfer to the new owners could be declared void.

The Judgment
Summary of the Judgment

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