Mohamed Sohail v Mokushane and Others

The applicant had occupied and developed the Dr Moleko Business Complex in Sterkspruit since 2006 under an agreement with the late Dr Moleko. The property included surrounding land used as parking and pavement for customers. On 6 March 2025, the respondents began digging holes and erecting poles on this land without the applicant’s consent, despite ongoing eviction litigation between the parties. The applicant alleged this conduct unlawfully deprived him of peaceful and undisturbed possession and sought urgent relief by way of mandament van spolie and a final interdict.

The mandament van spolie was granted. The respondents were ordered to restore peaceful and undisturbed possession of the Dr Moleko Business Complex to the applicant, to cease all building activities, to remove the installed poles, and to pay costs (fifth and sixth respondents on Scale B). The Sheriff was authorised to remove the poles if the respondents failed to do so.

The judgment reaffirms the robust and possessory nature of the mandament van spolie in South African law, confirming that even a tenant’s possession of land is protected against self-help. It clarifies that alleged contractual disputes do not bar spoliation relief where factual possession is unlawfully disturbed.