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 10 – 2021

CONSTITUTIONALLY INVALID AGREEMENT ENFORCABLE BY COURT’S DISCRETION?

BW Brightwater Way Props (Pty) Ltd v Eastern Cape Development Corporation (1235/2019) [2021] ZASCA 47 (19 April 2021)

What happens when government leases a hotel property to you and then, when you ask it to perform in terms of the lease, it ducks the obligation and argues that the lease is actually constitutionally invalid? Scenarios like these arise from time to time, and the facts herein illustrate how courts are empowered by discretionary powers granted to them in the Constitution, to craft just and equitable solutions, despite a finding that an agreement is constitutionally invalid.

The Judgment
Summary of the Judgment

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