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Questioning the use of the Mandament van Spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC)
(North-West University, Faculty of Law, 2015)
This cursory note reflects on the outcome of the Constitutional Court judgment of Ngqukumba v Minister of Safety and Security. The decision presented the Court with the opportunity to consider what happens to existing ...
Does method really matter? Reconsidering the role of common-law remedies in the eviction paradigm
(Juta Law Publishing, 2014-01)
The new constitutional dispensation brought with it (inevitably) large scale deviations in the way remedies in the context of evictions are applied in modern South African law. This article examines how the sources of law ...
The discretion of courts in encroachment disputes
The main focus of this note is Phillips v South African National Parks Board (4035/07)  ZAECGHC 27 (22 April 2010) SAFLII <http://www.saflii.org/za/cases/ZAECGHC/2010/27.html> (accessed 13-06-2012), which was a ...