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South Africa Case Law

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Land And Property [2021] ZAECMHC 11

Obena v Minister of Police and Others (1182/2021)

Obena v Minister of Police and Others (1182/2021) [2021] ZAECMHC 11 (13 April 2021)

The court found that the applicant was in possession of the motor vehicle and speakers at the time of dispossession, and that her possession was of the kind protected by the mandament van spolie. The fourth respondent's Letters of Authority permitted her to take control of the assets but did not authorise forcible seizure or self-help. The involvement of the police did not render the seizure lawful. The conduct of the fourth respondent and the police constituted unlawful and unconstitutional dispossession, breaching the applicant's rights to dignity, privacy, and property. The applicant was e…

  • Mandament Van Spolie
  • Unlawful Seizure
  • Deceased Estate Possession
  • Constitutional Rights To Property
  • Self Help Prohibition
  • Restoration Of Possession
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