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PVL2002H: PROPERTY ASSIGNMENT 1 ANSWERS (JUNE EXAM QUESTION 2021) Mandament van spolie and constitutional remedy

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2021/2022 Written for academic year
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University Of Cape Town (UCT)
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Property Law (PVL2002H)
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This assignment is the question from the June 2021 exam for prop law. Contains the issue, rules, application and conclusion for a) and b). All authorities included with correct formatting. The question: Concerns the mandament van spolie and the s26(3) of the Constitution. Explain whether: a) the common law rules related to spoliation or counter-spoliation provide D with a remedy (or a defence) in terms of this set of facts. b) the given facts give rise to a remedy based on section 26(3) of the Constitution as developed in the Tswelopele case. You should consider whether this remedy is potentially available to D.

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PVL2002H
LAW OF PROPERTY ASSIGNMENT ONE 2022




Explain whether:
a) the common law rules related to
spoliation or counter-spoliation provide D
with a remedy (or a defence) in terms of this
set of facts.
b) the given facts give rise to a remedy
based on section 26(3) of the Constitution as
developed in the Tswelopele case. You
should consider whether this remedy is
potentially available to D.




Issue
The issue in question a) is whether the pound’s actions to remove the cows are spoliation and
thus whether D has a counter spoliation defense against the pound’s claim for the mandament
van spolie.
The issue in question b) is whether D can use the remedy based on section 26(3) of the
Constitution in order to reclaim possession of his house and to get his house rebuilt (to restore
the status quo ante).


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May 3, 2022
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  • pvl2002h
  • spoliation
  • june exam

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