PVL3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
August 2025
For assistance contact
Email:
, Question 1
Yes, Evergreen Printing, owned by Mr. Mboweni, would likely be able to vindicate the
printing machine and compressor from Mr. Viljoen's garage. The legal action for
vindication, known as the rei vindicatio, is the remedy available to an owner to reclaim their
property from anyone who possesses it without a valid title.
To succeed in court, Evergreen Printing must prove three things:
1. That it is the owner of the printing machine and compressor. The facts state that
Evergreen Printing is the owner, so this is easily proven.
2. That the things still exist and are identifiable. The facts state the machine and
compressor are still being used by USS Graphics.
3. That the things are in the possession of the defendant, Mr. Viljoen/USS Graphics.
The facts confirm that Mr. Viljoen refuses to return them and is using them in his
garage.
The rei vindicatio is a powerful tool because ownership is the most complete real right, and
it protects the owner's right to control their property. The USS Graphics (Pty) Ltd case is a
perfect example of this. In that case, the owner of a printing machine sought to vindicate it
from a company that claimed it had become a fixture. The court confirmed that for the owner
to succeed, they only had to prove their ownership and the defendant's possession, placing the
burden on the defendant to prove a valid right to possession.
Question 2
The most likely legal route Mr. Viljoen can rely on in response is the principle of accession.
Accession is an original way of acquiring ownership where an accessory thing (the
printing machine and compressor) becomes so integrated with a principal thing (the
immovable garage) that it loses its independent legal existence and becomes part of the
principal thing. Essentially, a movable becomes an immovable. If Mr. Viljoen can prove
accession, the printing machine and compressor would now legally belong to him, as they
would be considered part of his property.
Accession involves a change in the nature of the things. The printing machine and
compressor would have changed from movable to immovable property. This process, known
as accession of a movable to an immovable thing, is a key concept in South African
property law.
Question 3
No, the attachment of the printing machine and compressor to Mr. Viljoen’s property did not
meet the requirements of accession under South African law. The USS Graphics (Pty)
Ltd case provides a clear framework for this determination, which relies on three criteria:
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
August 2025
For assistance contact
Email:
, Question 1
Yes, Evergreen Printing, owned by Mr. Mboweni, would likely be able to vindicate the
printing machine and compressor from Mr. Viljoen's garage. The legal action for
vindication, known as the rei vindicatio, is the remedy available to an owner to reclaim their
property from anyone who possesses it without a valid title.
To succeed in court, Evergreen Printing must prove three things:
1. That it is the owner of the printing machine and compressor. The facts state that
Evergreen Printing is the owner, so this is easily proven.
2. That the things still exist and are identifiable. The facts state the machine and
compressor are still being used by USS Graphics.
3. That the things are in the possession of the defendant, Mr. Viljoen/USS Graphics.
The facts confirm that Mr. Viljoen refuses to return them and is using them in his
garage.
The rei vindicatio is a powerful tool because ownership is the most complete real right, and
it protects the owner's right to control their property. The USS Graphics (Pty) Ltd case is a
perfect example of this. In that case, the owner of a printing machine sought to vindicate it
from a company that claimed it had become a fixture. The court confirmed that for the owner
to succeed, they only had to prove their ownership and the defendant's possession, placing the
burden on the defendant to prove a valid right to possession.
Question 2
The most likely legal route Mr. Viljoen can rely on in response is the principle of accession.
Accession is an original way of acquiring ownership where an accessory thing (the
printing machine and compressor) becomes so integrated with a principal thing (the
immovable garage) that it loses its independent legal existence and becomes part of the
principal thing. Essentially, a movable becomes an immovable. If Mr. Viljoen can prove
accession, the printing machine and compressor would now legally belong to him, as they
would be considered part of his property.
Accession involves a change in the nature of the things. The printing machine and
compressor would have changed from movable to immovable property. This process, known
as accession of a movable to an immovable thing, is a key concept in South African
property law.
Question 3
No, the attachment of the printing machine and compressor to Mr. Viljoen’s property did not
meet the requirements of accession under South African law. The USS Graphics (Pty)
Ltd case provides a clear framework for this determination, which relies on three criteria:
