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 07 – 2023


Klopper N.O and Others v Marais and Another (4786/2019) [2023] ZAFSHC 65 (6 March 2023)

Sale agreements have cancellation provisions stating what parties should do where the sale is to be cancelled, for example when a purchaser fails to pay the deposit as agreed upon. If the seller thereafter manages to sell the property, but at a lower price, does he have a claim for damages? Indeed, he has, although the seller remains liable to mitigate the loss as far as is reasonable. The judgment is a case in point.

The Judgment
Summary of the Judgment


Volvo Group Southern Africa (Pty) Ltd v Financial Intelligence Centre (A277/2021) [2023] ZAGPPHC 219 (14 March 2023)

For a while uncertainty existed amongst accountable and reporting institutions whether X should report cash received (in excess of the threshold amount) to the FIC if the payment was actually made at Y (usually a bank) into X’s account. X argues that it never received the cash. This judgment resolves the dispute and confirms that both institutions are under the obligation to report the cash receipt. (See also FIC Guidance Note 5C.) Failure to do so is sanctioned and can be costly.
We invite clients to contact us without delay for assistance with FICA compliance requirements and implementation.

The Judgment
Summary of the Judgment

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