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 23 – 2017

OCCUPIER’S CONSENT TO EVICTION NOT THE END OF THE ENQUIRY

Occupiers of Erven 87 and 88 Berea v De Wet N.O. and Another (CCT108/16) [2017] ZACC 18 (8 June 2017)

The Constitutional Court held in this matter that even where there was a purported consent by an illegal occupier to eviction, this did not absolve the Court from its duty to consider all the relevant circumstances and satisfying itself that it is just and equitable to grant the eviction order. It was required of a Court, as a first step, to be satisfied that the parties freely, voluntarily and in full knowledge of their rights agreed to the eviction. In addition, courts had to be alive to the risk of homelessness and the issue of joining the local authority to discharge any duties to provide alternative housing it may have.

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the thirty-first set of notes for your STSMA Reference Guide, Prescribed Management Rule 10 is discussed.

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Prescribed Management Rule 10
(N.B. Print in landscape)

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