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 15 – 2017

FARM WORKER RESIDENCE BASIC RENOVATIONS: OWNER’S CONSENT REQUIRED?

Daniels v Scribante and Another (CCT50/16) [2017] ZACC 13 (11 May 2017)

Dispossession of land was central to apartheid. To address this injustice partly, section 25(6) of the Constitution provides that a person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress. The Extension of Security of Tenure Act is the law that gives effect to this right and its provisions must be interpreted against this history. As such, although the Act does not provide specifically that an occupier of agricultural land may make renovations to his home to make it habitable – without the land owner’s consent – the law must be interpreted to provide for this, the Constitutional Court found in this landmark judgment.

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The Judgment
Summary of the Judgment

STBB’S STSMA REFERENCE GUIDE

In this, the twenty-third set of notes for your STSMA Reference Guide, Prescribed Management Rules 1 and 2 are discussed.

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Prescribed Management Rules 1 and 2
(N.B. Print in landscape)