South Africa Case Law

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482)

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482) [2025] ZAGPJHC 761 (3 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/115482

Judge

Snyckers

The High Court set aside an ex parte repossession order after finding Catfin relied on generic, unparticularised allegations and failed to justify dispensing with notice.

• Ex Parte Applications
• Material Non Disclosure
• Mandament Van Spolie
• Repossession Of Goods
• Urgent Interdict
• Attorney Client Costs

Va v King Sabata Dalindyebo Municipality (2025/117610)

Va v King Sabata Dalindyebo Municipality (2025/117610) [2025] ZAECMHC 71 (1 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2025/117610

Judge

Zono

The court found that the applicant was in possession of the motor vehicle through his employee, satisfying the first requirement for spoliation relief. However, the respondent's impoundment of the vehicle was authorised by Regulation 305(6) of the National Road Traffic Act and the municipal by-laws, as the vehicle was obstructing traffic. The driver cooperated with the officers, and the removal was not forcible or unlawful. The applicant failed to establish unlawful deprivation, and the statutory provisions justified the respondent's actions. The application for spoliation relief was therefor…

Source excerpt

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Municipal By Laws
• Traffic Regulation
• Statutory Authority For Impoundment

Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25)

Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25) [2025] ZANWHC 116 (9 July 2025)

Court

North West High Court, Mafikeng

Case number

273/25

Judge

Masike

The High Court confirmed a rule nisi restoring electricity to the applicants’ home, holding the municipality’s disconnection was unlawful spoliation.

• Mandament Van Spolie
• Urgent Interdict
• Electricity Supply Disconnection
• Restoration Of Possession
• Self Help Remedy
• Mandament-van-spolie

Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024)

Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024) [2025] ZAFSHC 194 (25 June 2025)

Court

Free State High Court, Bloemfontein

Case number

6116/2024

Judge

Chesiwe

The High Court confirmed a rule nisi restoring electricity to a business premises, holding that Eskom’s disconnection was an unlawful spoliation of quasi-possession.

• Mandament Van Spolie
• Quasi Possessio
• Electricity Supply Disconnection
• Notice Requirements
• Statutory Rights
• Contractual Relationship

Parch Properties 72 (Pty) Ltd and Another v Summervale Lifestyle Estate Owner's Association (Leave to Appeal) (2025/040657)

Parch Properties 72 (Pty) Ltd and Another v Summervale Lifestyle Estate Owner's Association (Leave to Appeal) (2025/040657) [2025] ZAWCHC 258 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/040657

Judge

Bhoopchand

The Court found that while the Applicants had previously enjoyed use of the Respondent’s facilities, this use was governed by a contract that had expired. The Applicants’ claim for relief under the mandament van spolie was not appropriate because their rights were contractual and personal, not possessory. The Court followed the principle established in Abrahams, holding that the law protects possession, not mere access or contractual rights. However, the Court was persuaded that another Court might reach a different conclusion given the complex interplay between contracts and quasi-possession…

Source excerpt

• Mandament Van Spolie
• Quasi Possession
• Contractual Rights Vs Possession
• Leave To Appeal
• Specific Performance

Tavakoli and Another v City of Cape Town (24562/2024)

Tavakoli and Another v City of Cape Town (24562/2024) [2025] ZAWCHC 218 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

24562/2024

Judge

Sipunzi AJ

The applicants established that they were in peaceful and undisturbed possession of the water supply to their properties until the respondent disconnected it on 13 November 2024. The respondent failed to provide credible evidence of prior restrictions or tampering by the applicants. The water usage data and correspondence between the parties supported the applicants' version. The respondent's conduct in disconnecting the supply without due process or adequate notice was unlawful and constituted spoliation. The urgency of the matter was justified by the deprivation of a basic necessity and the…

Source excerpt

• Mandament Van Spolie
• Municipal Services
• Water Services Act
• Urgent Interdict
• Municipal By Laws

Affirm Manufacturing Services (Pty) Ltd t/a Rototank v Dasel Properties (Pty) Ltd and Another (2025/054421)

Affirm Manufacturing Services (Pty) Ltd t/a Rototank v Dasel Properties (Pty) Ltd and Another (2025/054421) [2025] ZAGPPHC 529 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/054421

Judge

Khashane Manamela

The court found that the applicant was in peaceful and undisturbed possession of the advertising space at Plot 148 under a lease agreement, and was unlawfully deprived of possession by the first respondent, who resorted to self-help without a valid cancellation clause or mutual agreement. The respondent's defence of impossibility was rejected, as restoration of possession of the advertising space itself is not rendered impossible by the destruction of signage or third-party occupation; the applicant seeks possession of the space, not the exact signage. The court held that the requirements for…

Source excerpt

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Lease Termination
• Restoration Of Possession
• Self Help
• Urgent Interdict

Khumalo and Others v Duran Law and Another (LCC93/2023)

Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)

Court

Land Claims Court

Case number

LCC93/2023

Judge

Flatela

The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…

Source excerpt

• Mandament Van Spolie
• Grazing Rights
• Extension Of Security Of Tenure Act
• Constructive Eviction
• Possession
• Self Help Remedy

Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647)

Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647) [2025] ZAGPJHC 457 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/087647

Judge

G S Myburgh

The High Court dismissed an urgent spoliation and interdict application over mining operations and stockpiled ore, finding no possession at the time of dispossession.

• Mandament Van Spolie
• Interim Interdict
• Urgent Application Procedure
• Contract Termination
• Mining Rights Dispute
• Mandament-van-spolie

Ndlovu Traditional Council and Others v Masela (Appeal) (HCAA10/2023)

Ndlovu Traditional Council and Others v Masela (Appeal) (HCAA10/2023) [2025] ZALMPPHC 91 (7 May 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2023

Judges

G.C Muller, M. Naude-Odendaal, M. Mangena

The High Court upheld an appeal in a spoliation matter, finding non-joinder of an occupier fatal and holding restoration was impossible against parties not in possession.

• Mandament Van Spolie
• Joinder Of Parties
• Service Of Process
• Possession Of Land
• Mandament-van-spolie
• Joinder-of-parties