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 | Transfer and Bond Void: Chilling Thoughts

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021)

As a trader, it is business as usual to sell stock in trade. However, a creditor becomes alarmed if a trader sells off goods not in the ordinary course of business at a time when that trader’s financial position brings thoughts of liquidation to the fore. To protect creditors, our law has very strict rules for such instances and, in a property trader context, may result in a declaration that a property sale and resulting registration of transfer and new bond, be declared void. This judgment highlights the considerations.

The Judgment
Summary of the Judgment