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 06 – 2021

COMPANY DEREGISTERED: WHO GETS THE OWNERLESS PROPERTY?

Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34 (19 February 2021)

Deregistration of companies failing to comply with statutory requirements has become the order of the day, and the consequences of bona vacantia (ownerless property devolving to the State) is real. In this judgment, a municipality sought an order that those properties owned by the deregistered companies that also owed large sums in outstanding rates, be declared to belong to it. Not so, said the Court, as the decision remains with Treasury.

The Judgment

Summary of the Judgment

 

TAXPAYER FRUSTRATION VINDICATED

Kgetlengrivier Concerned Citizens and Another v Kgetlengrivier Local Municipality and Others (UM 271/2020) [2020] ZANWHC 95 (18 December 2020)

In a ‘feel-good’ judgment handed down in December last year, the judge ordered the imprisonment of the municipal manager of Kgetlengrivier (North West) province for 90 days, suspended on condition that raw sewage spilling into the Elands and Koster rivers be cleared up within 10 days. This followed after the residents had to make urgent plans to restore safe water supply to their homes.

The Judgment
Summary of the Judgment

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