South Africa Case Law

Mabusela and Others v City of Ekurhuleni Metropolitan Municipality and Others (2024/063770)

Mabusela and Others v City of Ekurhuleni Metropolitan Municipality and Others (2024/063770) [2024] ZAGPJHC 701 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/063770

Judge

C Todd

The court found that the First Respondent's actions in removing the Applicants and destroying or confiscating their shelters and possessions were unlawful, as they were not supported by a court order and did not fall within the narrow defence of counter-spoliation. The Respondent was neither the owner of the land nor acting with the owner's authority, and its conduct exceeded what is permissible under law. The Applicants, having established peaceful possession, were entitled to protection under the PIE Act and the spoliation remedy. The court declined to grant a wide-ranging restoratory order…

Source excerpt

• Unlawful Eviction
• Prevention Of Illegal Eviction Act
• Spoliation Remedy
• Housing Rights
• Counter Spoliation
• Constitutional Dignity

Pema and Another v Health-Worx Medical Centres (Pty) (Leave to Appeal) (B39834//22)

Pema and Another v Health-Worx Medical Centres (Pty) (Leave to Appeal) (B39834//22) [2023] ZAGPPHC 1116 (4 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

B39834//22

Judge

Bam

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to disturb its spoliation judgment.

• Mandament Van Spolie
• Leave To Appeal
• Spoliation Remedy
• Costs Award
• Contractual Dispute
• Leave-to-appeal

Steenkamp v Jammine (23065/2020)

Steenkamp v Jammine (23065/2020) [2022] ZAGPPHC 54 (24 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

23065/2020

Judges

Makweya, Mbongwe

Appeal dismissed in a spoliation dispute over a driveway gate. The court held the appellant had not proved peaceful and undisturbed possession of the respondent’s driveway.

• Mandament Van Spolie
• Possession
• Servitude Right Of Way
• Spoliation Remedy
• Mandament-van-spolie
• Spoliation

Chetty v Chetty (5510/19)

Chetty v Chetty (5510/19) [2020] ZAMPMHC 18 (14 January 2020)

Court

Middelburg High Court, Mpumalanga

Case number

5510/19

Judge

Brauckmann

The High Court confirmed a spoliation order, finding the respondent unlawfully took a truck and trailer from the applicant’s possession.

• Mandament Van Spolie
• Possession
• Joint Possession
• Spoliation Remedy
• Mandament-van-spolie
• Spoliation

C-Rock Mining (Pty) Ltd v Rockwell Resources RSA (Pty) Ltd and Others (2400/2016)

C-Rock Mining (Pty) Ltd v Rockwell Resources RSA (Pty) Ltd and Others (2400/2016) [2016] ZANCHC 74 (29 November 2016)

Court

Northern Cape High Court, Kimberley

Case number

2400/2016

Judge

Olivier J

The High Court dismissed a spoliation application over mining sites, plant, equipment and access, finding no proven unlawful dispossession and costs against the applicant.

• Mandement Van Spolie
• Possession
• Spoliation Remedy
• Mining Equipment
• Access To Property
• Mandament-van-spolie