South Africa Case Law

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…

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

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…

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

Wongel Amagnoch Church Tembisa Branch v Gospel Life International Church and Others (2024/095052)

Wongel Amagnoch Church Tembisa Branch v Gospel Life International Church and Others (2024/095052) [2024] ZAGPJHC 868 (5 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/095052

Judge

Du Plessis

Urgent spoliation relief was granted to restore a church’s possession of premises in Tembisa after respondents allegedly took over unlawfully.

• Mandament Van Spolie
• Urgent Interdict
• Unlawful Deprivation Of Possession
• Restoration Of Possession
• Mandament-van-spolie
• Urgent-application

Tsepitsi v Sebolai (M310/2023)

Tsepitsi v Sebolai (M310/2023) [2024] ZANWHC 218 (27 August 2024)

Court

North West High Court, Mafikeng

Case number

M310/2023

Judge

A Reddy

The court found that the applicant was the owner and in peaceful, undisturbed possession of the farm. The respondent's erection of the tombstone was done without the applicant's consent and constituted unlawful deprivation of possession. The respondent failed to provide evidence that her grandfather was buried on the farm or that she had obtained proper consent. The requirements for a mandament van spolie were met: the applicant was in possession and was unlawfully dispossessed. The respondent's reliance on statutory rights under ESTA did not negate the unlawful nature of her conduct, as she…

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• Mandament Van Spolie
• Spoliation Order
• Extension Of Security Of Tenure Act
• Unlawful Deprivation Of Possession

Cassim and Another v Ndame (073195/2024)

Cassim and Another v Ndame (073195/2024) [2024] ZAGPPHC 794 (7 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

073195/2024

Judge

M J Teffo

The court found that the applicants were not in peaceful and undisturbed possession of the premises at the time of the alleged spoliation. The lease agreement had been cancelled due to non-payment, and the applicants were notified to vacate. The fact that their movables remained at the premises did not revive their possession. The applicants had lost effective physical control over the property prior to the alleged spoliation. Consequently, they could not have been unlawfully deprived of possession. The application was urgent but failed on the merits, as the requirements for spoliation were n…

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• Mandament Van Spolie
• Lease Termination
• Unlawful Deprivation Of Possession
• Urgent Motion
• Service Of Process

Mbongozi v Mac Mkunyana Investments (Leave to Appeal) (135/2023)

Mbongozi v Mac Mkunyana Investments (Leave to Appeal) (135/2023) [2024] ZAECMHC 102 (9 July 2024)

Court

Eastern Cape High Court, Mthatha

Case number

135/2023

Judge

P.C.N Mjame

The High Court dismissed an application for leave to appeal, holding that the applicant showed no reasonable prospects of success on the spoliation-related grounds.

• Leave To Appeal
• Mandament Van Spolie
• Lien
• Prospects Of Success
• Unlawful Deprivation Of Possession
• Leave-to-appeal

Mbongozi v Mac Mkunyana Investments (Pty) Ltd (135/2023)

Mbongozi v Mac Mkunyana Investments (Pty) Ltd (135/2023) [2023] ZAECMHC 61 (14 November 2023)

Court

Eastern Cape High Court, Mthatha

Case number

135/2023

Judge

P. C. N. Mjame

High Court dismissed a spoliation application for release of movable property left on leased premises after termination, finding no unlawful deprivation of possession.

• Mandament Van Spolie
• Lease Agreement
• Tacit Hypothec
• Unlawful Deprivation Of Possession
• Mandament-van-spolie
• Tacit-hypothec

Lacrumbs Trading And Projects v Minister of Police and Others (051531)

Lacrumbs Trading And Projects v Minister of Police and Others (051531) [2023] ZAGPJHC 746 (29 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

051531

Judge

Bokako

The court found that the applicant was in peaceful and undisturbed possession of the truck and was unlawfully deprived of possession by the respondents, who used threats of arrest and coercion to obtain the truck's location and seize it. The respondents failed to provide convincing evidence that the truck was stolen or that the applicant's possession was unlawful at the time of seizure. The court emphasized that the spoliation remedy is designed to restore possession to those unlawfully dispossessed, irrespective of ownership, and that law enforcement must act within the law. The applicant me…

Source excerpt

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Urgent Application
• Restoration Of Possession

X-Pharm (Pty) Ltd v Emoyamed Hospital (Pty) Ltd and Another (6458/2022)

X-Pharm (Pty) Ltd v Emoyamed Hospital (Pty) Ltd and Another (6458/2022) [2023] ZAFSHC 197 (25 May 2023)

Court

Free State High Court, Bloemfontein

Case number

6458/2022

Judge

NG Gusha

The High Court granted spoliatory relief, finding the applicant had de facto possession of pharmacy premises and was unlawfully deprived of access when the locks were changed.

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Oral Lease Agreement
• Condonation Of Late Filing
• Hearsay Evidence
• Costs Orders

Makhubela v Stellenbosch District Municipality (20830/22)

Makhubela v Stellenbosch District Municipality (20830/22) [2023] ZAWCHC 53 (15 March 2023)

Court

Western Cape High Court, Cape Town

Case number

20830/22

Judge

Thulare

The High Court granted a spoliation order restoring unrestricted access to an initiation school site after municipal police cordoned off the area.

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Customary Initiation Rights
• Consultation Of Affected Parties
• Section 31 Constitution
• Children Act Definition