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 – 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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