, PVL3701 Assignment 1 2025
SEMESTER 2 2025
DUE 31 AUGUST 2025
Before you answer questions 1-3 of this assignment, read Study Units 1-4 and 6 very carefully.
Also, read USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others
(30921/2019) [2023] ZAGPJHC 138 (14 February 2023).
Do not use footnotes. Make use of in-text citation in brackets.
Question 1
Would Mr Mboweni's Evergreen Printing Company be able to vindicate the printing machine
and compressor from Mr Viljoen's garage, and what must it prove to succeed in court? In your
answer, refer to the Study Guide and the USS Graphics (Pty) Ltd case.
Mr Mboweni, as the owner of the printing machine and compressor, can rely on the rei
vindicatio to recover the property from Mr Viljoen's garage. The rei vindicatio is a real remedy
that protects ownership as a real right (Scott, Property Law Study Guide 40).
Everqreen Printinq must prove three elements
That it is the owner of the machine and compressor;
That the items are in Mr Viljoen's possession without its consent;
That the items are still in existence and identifiable (Scott, Property Law Study Guide
52).
If this requirements are met, the court will presume that Evergreen Printing has the right to
reclaim the items. Mr Viljoen can only resist the claim if he proves a valid defence (such as a right
of retention or another legal basis) (Scott, Property Law Study Guide 52; Chetty v Naidoo 1974
(3) SA 13 (A) 20C).
In USS Graphics (Pty) Ltd v Urban Print Factory (Pty) Ltd [2023] ZAGPJHC 138, the court affirmed
that the owner need only prove ownership, possession by the respondent, and the existence of
the thing. The burden then shifts to the respondent to prove a valid legal justification for
withholding it.
SEMESTER 2 2025
DUE 31 AUGUST 2025
Before you answer questions 1-3 of this assignment, read Study Units 1-4 and 6 very carefully.
Also, read USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others
(30921/2019) [2023] ZAGPJHC 138 (14 February 2023).
Do not use footnotes. Make use of in-text citation in brackets.
Question 1
Would Mr Mboweni's Evergreen Printing Company be able to vindicate the printing machine
and compressor from Mr Viljoen's garage, and what must it prove to succeed in court? In your
answer, refer to the Study Guide and the USS Graphics (Pty) Ltd case.
Mr Mboweni, as the owner of the printing machine and compressor, can rely on the rei
vindicatio to recover the property from Mr Viljoen's garage. The rei vindicatio is a real remedy
that protects ownership as a real right (Scott, Property Law Study Guide 40).
Everqreen Printinq must prove three elements
That it is the owner of the machine and compressor;
That the items are in Mr Viljoen's possession without its consent;
That the items are still in existence and identifiable (Scott, Property Law Study Guide
52).
If this requirements are met, the court will presume that Evergreen Printing has the right to
reclaim the items. Mr Viljoen can only resist the claim if he proves a valid defence (such as a right
of retention or another legal basis) (Scott, Property Law Study Guide 52; Chetty v Naidoo 1974
(3) SA 13 (A) 20C).
In USS Graphics (Pty) Ltd v Urban Print Factory (Pty) Ltd [2023] ZAGPJHC 138, the court affirmed
that the owner need only prove ownership, possession by the respondent, and the existence of
the thing. The burden then shifts to the respondent to prove a valid legal justification for
withholding it.
