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 18 – 2020

CLAIMING ARREAR RENTAL TODAY AND LOSS OF FUTURE RENTAL TOMORROW: THE “ONCE OF RULE.Brett N.O and Others v Kushner (CA 61/2019) [2020] ZAECGHC 86 (13 August 2020)

This judgment raises an interesting point. Our common law has a “once off rule” requiring, in essence, that where a claim arises as a result of a single reason (cause of action), then the claimant must exhaust his options once-off, and may not bring alternate actions in respect of the same cause of action in drips and drabs. In a lease agreement that was prematurely cancelled due to the tenant’s failure to pay the rental, would the “once off rule” prohibit the landlord to claim arrear rental and subsequently, in a new action, claim damages resulting from the future loss of rental? The judgment highlights how the court interprets the claims of the landlord in such instance.

The Judgment 
Summary of the Judgment

MASTS ONLY WITH MUNICIPAL APPROVAL
Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19) [2020] ZACC 15 (25 June 2020)

The Constitutional Court sent a clear message in this matter: Telecommunication networks in South Africa cannot ride roughshod over municipal by-laws. Here the municipal by-law required that the relevant land may not be used for masts unless it was appropriately zoned, a provision to which Telkom argued it was not bound. The Court struck their defences down, upholding the authority accorded to municipalities in the Constitution in respect of their designated list of municipal planning functions.

The Judgment
Summary of the Judgment