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 27 – 2016

RESISTING EVICTION: ALTERNATIVE ACCOMMODATION SCARCE

Coetzee v Pipet Place Eiendomme CC (AR509/2015) [2016] ZAKZPHC 60 (28 June 2016)

A court will evict someone from a property if it has been shown that the person is there illegally (such as where a tenant refuses to leave after the landlord cancelled the lease). The PIE Act however obliges a court to consider various additional factors, including availability of alternative accommodation, before such an order is made. What will the outcome be if the occupier shows that it will be very difficult, though not impossible, to obtain alternative accommodation?

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The Judgment
Summary of the Judgment

 

EXECUTION REALLY A LAST RESORT

Firstrand Bank Limited v Mdletye and Another (8145/2015) [2016] ZAKZDHC 22 (1 July 2016)

You’ve fallen on hard times and struggle to remain up to date with your bond repayments. You understand that it follows, generally, that the bank may proceed to obtain judgment and execute against the property. Would a court adjourn granting an execution order if you resumed the monthly instalment plus an additional amount until arrears are eliminated?

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The Judgment
Summary of the Judgment

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