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 28 – 2016

RESTITUTION OF LAND RIGHTS ACT: 2014 AMENDMENTS DECLARED VOID

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22
(28 July 2016)

In a judgment that was very critical of Parliament’s failure to facilitate public participation in its legislative process, the Constitutional Court last week declared invalid in its entirety the 2014 Restitution of Land Rights Amendment Act. What does this entail?

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The Judgment
Summary of the Judgment

 

LOW COST HOUSING, PRIVATE CONTRACTOR: CITY SAYS DEFECTS BREACHES OCCUPANTS’ CONSTITUTIONAL RIGHT TO HOUSING

City of Cape Town v Khaya Projects (Pty) Ltd and Others (158/2015) [2016] ZASCA 107
(26 July 2016)

The City of Cape Town asked the court in this matter to assume an obligation on the side of subcontractors involved in government sponsored building of low cost housing, to provide defect-free structures. In this way, the City sought to address the incidence of shoddy building work in low cost housing developments. Could it succeed, despite there being no provision to this effect in its agreement with the building developer?

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The Judgment
Summary of the Judgment