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 10 – 2017


Du Plessis Barry v Clearwater Estates NPC and Others (187/2016) [2017] ZASCA 11
(16 March 2017)

This matter raised an interesting enquiry regarding proxies. The HOA was incorporated as a company and its Memorandum of Incorporation provided that when members appointed proxies, a written document to that effect had to be lodged at the HOA’s offices ‘not less than 48 hours before the time appointed’ for the meeting, failing which it would be invalid. The query raised here was whether this provision, and a decision taken at a meeting held after a late proxy was accepted, was inconsistent with the provisions of the Companies Act. Section 58(1) of the latter Act states that a shareholder of a company may appoint a proxy ‘at any time’, this being an unalterable provision.

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The Judgment
Summary of the Judgment



In this, the eighteenth set of notes for your STSMA Reference Guide, regulation 2 of the Act is discussed.

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Regulation 2
(N.B. Print in landscape)

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