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South Africa decisions
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Wessels v Normandien Farms (Pty) Ltd and Another (LCC168/2022) [2024] ZALCC 13 (2 April 2024)
The Land Claims Court dismissed an occupier’s application to restore electricity, holding the facts did not support mandament van spolie against the farm respondents.
Venter and Others v Fichardt and Others (2215/2023) [2023] ZAFSHC 200 (19 May 2023)
The court found that the applicants had established peaceful and undisturbed possession of both the gravel road and the dam, and that the respondents unlawfully deprived them of such possession by erecting fences and obstacles. The respondents' argument that continuous physical presence is required for possession was rejected, as was the contention that alternative access negates spoliation. The court held that the mandament van spolie protects use and access, not just physical occupation, and that the applicants were entitled to restoration of possession ante omnia. The respondents' tender r…
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Ferreira Equestrian Centre (Pty) Ltd v Spies and Another (400/2023) [2023] ZAFSHC 91 (24 March 2023)
The court found that the applicant had de facto possession and use of the polo fields, as evidenced by its daily activities, presence of equipment, and photographic proof. The respondents' delay in acting and their prior acquiescence undermined their claim that the applicant lacked possession. The WhatsApp messages did not establish lack of possession, and no genuine dispute of fact existed to warrant referral to oral evidence. The respondents wrongfully deprived the applicant of possession by erecting the fence. Both respondents were found to be co-spoliators, as the second respondent instru…
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Xaba v Mthethwa and Another (42212/21) [2021] ZAGPPHC 724 (3 November 2021)
Urgent spoliation application granted after the court found the applicant had peaceful possession of vehicles that were removed without legal basis.
Smit v Kleinhans (917/2020) [2021] ZASCA 147 (18 October 2021)
The Supreme Court of Appeal held that a non-owner could not use the rei vindicatio, but could reclaim possession on a stronger contractual right; the appeal succeeded.
Bisschoff & Others v Welbeplan Boerdery (Pty) Ltd (815/2016) [2021] ZASCA 81; 2021 (5) SA 54 (SCA) (15 June 2021)
The Supreme Court of Appeal held that the letters sent by the appellants, which cancelled the lease agreements and instructed the respondent not to trespass, did not constitute unlawful deprivation of possession. The threat to approach the court for relief in the event of trespass was a lawful exercise of contractual rights and did not amount to self-help or spoliation. The respondent was not physically dispossessed, and the mere use of strong language in correspondence does not satisfy the requirements for a spoliation order. The high court erred in finding that the letters amounted to dispo…
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Phillips and Others v Gunn (A62/2020) [2021] ZAGPPHC 31 (18 January 2021)
The High Court dismissed an appeal against a spoliation order, holding that locking and cordoning off parts of the shared property amounted to partial dispossession.
Christian Faith Gospel Church in Africa v Dlamini and Others (11837/2016) [2017] ZAKZPHC 55 (7 December 2017)
The court found the evidence of the applicant's witnesses to be consistent and probable, establishing that the first and second respondents joined the applicant and that the right to occupy and build on the property was obtained on behalf of the applicant. The congregation at Embo was a branch of the applicant, and after the resignation of the first and second respondents, the applicant remained entitled to use the building. The court further found that the keys to the building were surrendered under threat by the sixth and seventh respondents that the building would be destroyed if the keys…
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G and D Refrigeration CC v Mulder (HCA05/2016) [2016] ZALMPPHC 16 (28 October 2016)
High Court appeal on mandament van spolie over a vehicle. The court held the respondent unlawfully deprived the applicant of possession and dismissed the appeal with costs.
Kokwe v Dr Ruth Segomotsi Mompati District Municipality and Others (1660/2013) [2014] ZANWHC 42 (11 September 2014)
The court dismissed a spoliation application, holding that the applicant failed to prove quasi-possession of the right to use and occupy the vacant stand.
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