- Title
- Cynical evictions and the possessory action in search of an appropriate remedy
- Creator
- Phillips, Jeremy Alan https://orcid.org/0000-0003-2046-0744
- Subject
- Eviction
- Date Issued
- 2021-11
- Date
- 2021-11
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/22434
- Identifier
- vital:52285
- Description
- A cynical eviction is an unlawful eviction where, in the course of the eviction, the evictee's home is destroyed. They are a notorious brand of eviction which has darkly coloured South Africa's history and social geography. And they persist still to this day. The cynicality of a cynical eviction lies in the fact that because the home, and its composite materials, are destroyed, application of the mandament van spolie is precluded. With the obvious remedy barred, there is academic and judicial disagreement about which remedy should be used instead. Some have argued that, despite the technical difficulties, the mandament van spolie should be relied on, while others insist that the extraordinary constitutional remedy, crafted in the Tswelopele case, is the best option. This dissertation argues that there are obvious shortcomings with both two remedies, and investigates whether a third remedy, the possessory action, might be better-suited. It finds that, while the possessory action has many benefits, it too is deficient in some respects. It ultimately concludes that all three remedies are only, at best, partially appropriate for addressing cynical evictions and that whichever remedy is the most appropriate in the instant cynical eviction should be preferred for that particular case.
- Description
- Thesis (LLM) -- Faculty of Law, 2021
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (155 leaves)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- University of Fort Hare
- Rights
- All Rights Reserved
- Rights
- Open Access
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UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Jeremy Phillips - Final Dissertation - Cynical Evictions and the Possessory Action.pdf | 18 MB | Adobe Acrobat PDF | View Details Download |