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 12 – 2023


Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022) [2023] ZAGPPHC 737 (28 August 2023)

A creditor, armed with a judgment debt in its favour, is often still a long way off from having the debt settled. The creditor can in such circumstances apply to court for an order allowing it to sell the debtor’s property in execution, or it can apply for the debtor’s sequestration. The latter requires the creditor to prove that it is to the benefit of creditors – which is detracted from if the costs thereof is more than the costs relating to execution.

The judgment below explains why this is so and highlights considerations that a HOA management should bear in mind.

The Judgment
Summary of the Judgment


Absa Bank Limited v Lekhethoa (33086/2019) [2023] ZAGPJHC 967 (28 August 2023)

Our law has strict rules regulating the sale in execution of a person’s home as this affects a person’s constitutional right to adequate housing. This judgment deals with an application by the judgment creditor for an order that the court determines the reserve price at Rnil, because two previous execution sales failed to meet the reserve prices set by the court. Although reducing the amount of the reserve price, the court indicated why it is loath to make it Rnil, even though there is a strong argument to be made out that the property should be sold sooner rather than later, as the debt and municipal rates just keep piling up.

The Judgment
Summary of the Judgment

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