The Continued Relevance Of The Mandament Van Spolie - Westville

The court emphasized the importance of court orders in the Mamelodi Hostel Residents and Tswelopele cases, stating that demolitions and evictions should not occur before obtaining a court order. This suggests that the court wants to ensure that proper legal procedures are followed and that individuals are not unfairly evicted or displaced without due process.

The Tswelopele case did not infringe on the right to freedom of association. This means that the individuals involved in the case were not restricted or prevented from forming associations or joining groups of their choosing. The other rights mentioned - right to privacy, right to property, and right to personal security - may have been infringed upon in some way during the Tswelopele case. However, it is important to note that without more context or information about the case, it is difficult to provide a comprehensive explanation.

In certain situations, the person who unlawfully takes possession of someone else's property may be obligated to do more than just give it back. This could include compensating the owner for any damages or losses caused by the spoliation. Therefore, the statement that the spoliator might be required to do more than merely return the possession of the spoliated property is true.

In the case of Jones v Claremont Municipality, the court granted the mandament van spolie and ordered the spoliator to re-erect the wire fence on the applicant's property in order to restore the fence to its former condition.

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The correct answer is that PIE may be used by the owner or person in charge of the property or organs of state to evict unlawful occupiers. This means that both private individuals and government entities have the right to use PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) to remove people who are unlawfully occupying their property.

In the Mamelodi case, the City was not ordered to only rebuild the roof.

The statement in the question is discussing the Tswelopele case and the distinction between the common law requirements of the mandament van spolie and the constitutional relief under section 28 of the Constitution. The correct answer is False because the question does not provide any information or context to determine whether the court upheld or rejected the distinction.

The mandament van spolie was successful in the case of Schubart Park Residents' Association v City of Tshwane Metropolitan Municipality.

Section 26(2) of the Constitution states that no person may be evicted from their home without a court order. This means that landlords or any other individuals cannot forcibly remove someone from their residence without following the proper legal procedures. The court order ensures that the eviction is fair and just, protecting the rights of the individual and preventing arbitrary evictions. This provision aims to safeguard the right to adequate housing and provide security of tenure for individuals in their homes.

The given answer is incorrect because the statement "The occupiers of the hostels had mostly been employed as migrant labourers in the mines" is true.

The mandament van spolie was successful in the case of Schubart Park Residents' Association v City of Tshwane Metropolitan Municipality.

The spoliation remedy can be successful if two requirements are met. First, the spoliatus (the person who was dispossessed) must prove that they were in peaceful and undisturbed possession of the property. Second, the spoliator (the person who unlawfully deprived the spoliatus of the property) must be proven to have committed the unlawful deprivation.

From the perspective of the occupier, PIE is inherently reactive and responsive. This means that PIE, which stands for Participatory, Incremental, and Evolutionary, is designed to adapt and respond to the needs and feedback of the occupier. It is a dynamic approach that allows for flexibility and adjustment based on the occupier's input and changing circumstances. By being reactive and responsive, PIE ensures that the occupier's concerns and preferences are taken into account, leading to a more effective and satisfactory outcome.

The mandament van spolie remedy requires ius possidendi. This means that in order to seek protection under this remedy, the person must have the right to possess the property. If the person does not have ius possidendi, they cannot rely on the mandament van spolie remedy to restore their possession. This requirement ensures that only those who have a legitimate claim to the property can seek protection under this remedy.

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The court in Nino Bonino v De Lange emphasized the principle that no individual has the right to administer justice themselves. This means that no person is allowed to act as judge, jury, and executioner, bypassing the legal system and taking matters into their own hands. This principle upholds the importance of due process and the rule of law, ensuring that disputes and conflicts are resolved in a fair and impartial manner through the established legal system.

The correct answer is "Disconnection of water and electricity". This means that the case of Schubart Part Residents' Association v City of Tshwane Metropolitan Municipality involved the issue of cutting off the supply of water and electricity to the affected residents. This action could have been taken by the municipality as a means of addressing the problem of illegal shacks and shelters, and the destruction of building materials in the area.

The court held in the Tswelopele case that the mandament van spolie cannot be used when substitute materials are needed to restore the status quo ante. This means that if the restoration of the original state requires the use of different materials or objects, the mandament van spolie cannot be applied.

In the Mamelodi case, the City was ordered to restore the roof structures and roof covering of block J to at least an equivalent of the condition they were in prior to the destruction thereof. This means that the City is required to repair and replace the damaged roof structures and roof covering of block J in Mamelodi, ensuring that they are brought back to a similar or equal condition as they were before they were destroyed.