PVL3701 ASSIGNMENT 1 SEMESTER 2 2025
, DUE DATE: AUGUST 2025
Question 1:
Vindication of the Printing Machine and Compressor – Legal Analysis
Mr Mboweni’s Evergreen Printing seeks to vindicate the lithographic printing
machine and compressor currently retained and utilized by USS Graphics
after the expiration of their lease agreement. The issue demands careful
scrutiny of the legal principles underpinning ownership, possession, and the
law of accession, to determine whether Evergreen Printing can reclaim its
property from Mr Viljoen’s premises.
1.1 Vindicatory Action (Rei Vindicatio) — The Owner’s Ultimate Remedy
At the heart of this dispute lies the rei vindicatio, a fundamental proprietary
remedy in South African law. This action empowers the owner of a movable or
immovable thing to recover possession from any person who is in unlawful
possession1. Importantly, the action is not dependent on the wrongful intent
of the possessor; it protects the real right of ownership rather than the
possessory or contractual rights2.
Evergreen Printing, as owner, must establish three key facts to succeed:
• Ownership: Proof that the printing machine and compressor belong to
Evergreen Printing;
• Possession: That Mr Viljoen or USS Graphics presently possesses the
property;
• Unlawfulness: That such possession is without legal justification3.
The termination of the lease agreement necessarily extinguishes USS
Graphics’ lawful right to possess the equipment, rendering any continued
possession unlawful. Therefore, Evergreen Printing stands on firm legal
ground to assert its proprietary rights.
1
Van der Walt, A.J. & Pienaar, G.J., Introduction to the Law of Property, 7th ed. (2019) at 65.
2
Mostert, H. & Pope, A. (eds), The Principles of the Law of Property in South Africa (2020) at 91.
3
Badenhorst, P.J., Pienaar, J.M. & Mostert, H., Silberberg and Schoeman’s The Law of Property, 6th ed.
(2013) at 236.
, DUE DATE: AUGUST 2025
Question 1:
Vindication of the Printing Machine and Compressor – Legal Analysis
Mr Mboweni’s Evergreen Printing seeks to vindicate the lithographic printing
machine and compressor currently retained and utilized by USS Graphics
after the expiration of their lease agreement. The issue demands careful
scrutiny of the legal principles underpinning ownership, possession, and the
law of accession, to determine whether Evergreen Printing can reclaim its
property from Mr Viljoen’s premises.
1.1 Vindicatory Action (Rei Vindicatio) — The Owner’s Ultimate Remedy
At the heart of this dispute lies the rei vindicatio, a fundamental proprietary
remedy in South African law. This action empowers the owner of a movable or
immovable thing to recover possession from any person who is in unlawful
possession1. Importantly, the action is not dependent on the wrongful intent
of the possessor; it protects the real right of ownership rather than the
possessory or contractual rights2.
Evergreen Printing, as owner, must establish three key facts to succeed:
• Ownership: Proof that the printing machine and compressor belong to
Evergreen Printing;
• Possession: That Mr Viljoen or USS Graphics presently possesses the
property;
• Unlawfulness: That such possession is without legal justification3.
The termination of the lease agreement necessarily extinguishes USS
Graphics’ lawful right to possess the equipment, rendering any continued
possession unlawful. Therefore, Evergreen Printing stands on firm legal
ground to assert its proprietary rights.
1
Van der Walt, A.J. & Pienaar, G.J., Introduction to the Law of Property, 7th ed. (2019) at 65.
2
Mostert, H. & Pope, A. (eds), The Principles of the Law of Property in South Africa (2020) at 91.
3
Badenhorst, P.J., Pienaar, J.M. & Mostert, H., Silberberg and Schoeman’s The Law of Property, 6th ed.
(2013) at 236.
