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 3 – 2025

A TRUSTEE RESIGNS & NEW LETTERS OF AUTHORITY NOT YET ISSUED: CAN THE REMAINING TRUSTEES PASS A RESOLUTION?

Die Orffer Landgoed (Pty) Ltd v Orffer N.O and Others (17494/2024) [2025] ZAWCHC 14 (23 January 2025)

Case law repeatedly emphasises the importance of passing appropriate resolutions when a transaction is to be concluded on behalf of a trust. A question that has not yet been conclusively answered by our courts, is what the consequences are if one trustee resigns and the remaining trustees pass a resolution to sell a property prior to the Master issuing new Letters of Authority. The judgment below deals with one scenario in which the resolution passed in these circumstances is regarded as valid authority for transacting on behalf of the trust.

The judgment can be viewed here
Summary of the Judgment

SEVEN DAYS, THREE NEW PROPERTY-RELATED ACTS SIGNED INTO LAW

The President has signed three new acts into law, each of which impact property law. The Expropriation Act has received much media attention, less so the Preservation and Development of Agricultural Land Act (which repeals the Subdivision of Land Act) and the Housing Consumer Protection Act (which repeals the Housing Consumer Protection Measures Act). Below we outline the provisions of each new Act and highlight the most significant changes from a property law perspective.

Summary of the Acts

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