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 | Offering alternative housing in hard cases not necessarily enough to get the eviction order

Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021)

The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to the occupier, who was 84 years old and had lived on the property since she was 11, an eviction order would not be just and equitable in these circumstances, even though she was an unlawful occupier (as this term is defined in the PIE Act). Also of interest was the role played by consideration of the fact that the land once was agricultural land, but that the rights that the occupier would have had under the Extension of Security of Tenure Act (ESTA), no longer applied as the land had before 1997 become urban land.

The Judgment
Summary of the Judgment