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 18 – 2017

WHEN NON-COMPLIANCE WITH AGREEMENT CANNOT BE HELPED

Tsangarakis N.O. and Another v Kgato Project Management (Pty) Ltd and Another (1021/2017) [2017] ZAFSHC 76 (8 June 2017)

We all know that agreements are binding and that parties must therefore comply with the provisions thereof. In fact, an aggrieved party generally has the right to an order of specific performance if the other party fails to be true to his word. Would a court have a discretion not to grant specific performance in certain instances? This was the question that the Court addressed in this matter where there was a rather ‘wealthy’ purchaser with cash flow problems.

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The Judgment
Summary of the Judgment

STBB’S STSMA REFERENCE GUIDE

In this, the twenty-sixth set of notes for your STSMA Reference Guide, Prescribed Management Rule 5 is discussed.

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Prescribed Management Rule 5
(N.B. Print in landscape)

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