Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant 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 22 – 2020

BAD VIBES NOT GROUND FOR THE REMOVAL OF CO-TRUSTEES

Fletcher v McNair (1350/2019) [2020] ZASCA 135 (23 October 2020)

The clients of property practitioners are often trusts and their trustees flight many a question in the course of the business relationship. When relationships sour between trustees and or between trustees and trust beneficiaries, questions arise regarding the means to remove trustees. This judgment highlights that mere animosity amongst trustees is not the deciding factor when there is a request for the removal of a trustee: the factual question is whether, as a result, the trust administration and management of assets are neglected. The judgment is a good read for any trustee and trust beneficiary.

The Judgment 
Summary of the Judgment
 

ELECTRONIC SIGNATURES ON SALE OF LAND AGREEMENT: GETTING IT WRONG
Borcherds and Another v Duxbury and Others (1522/2020) [2020] ZAECPEHC 37 (22 September 2020)

With the constraints placed on transacting in this past year, many property practitioners battled with the provisions of the Electronic Communications and Transactions Act (ECTA). This was in part because ECTA prohibits the electronic signature of a sale of land agreement. Taking a photograph of your signature and affixing it to an agreement electronically cannot overcome this exclusion contained in ECTA. Even our courts got it wrong.

The Judgment
Summary of the Judgment
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