ARTICLE · 02 SEPTEMBER 2022

Spoliation And Counter Spoliation

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Where resolution of issues between people takes long, we often see an increase in people taking matters into their own hands.

South AfricaLitigation, Mediation & Arbitration

Nicolene Schoeman-Louw

Where resolution of issues between people takes long, we often see an increase in people taking matters into their own hands.

Spoliation (“mandament van spolie”) is a mechanism to avoid that.

In a spoliation application, a “true possessory remedy” is used to restore lost possession of property (movable, immovable, corporeal and incorporeal). Specifically where possession has been unlawfully deprived. The Court does not consider the right of the person launching the application to be in possession of the property

The applicant must meet the following requirements :

peaceful and undisturbed possession of the property; and
the spoliator unlawfully deprived them of possession.

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