3 (Marks: 45) Q.3.1 Read Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC) ('the Various Occupiers case') and answer the following questions about the judgement. Make sure that you understand the facts of the case. (Note: In your answers, you are required to cite all the relevant paragraphs of the case where you found the answers to questions Q.3.1.1, Q.3.1.2 and Q.3.1.3.) Q.3.1.1 A bystander claims that: "the use of the term 'just and equitable' in the PIE Act relates to what is just and equitable only to the persons who occupied the land illegally".Q.3.1.2 Section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ('the PIE Act') sets out the factors to which the court must have regard to when deciding whether it is just and equitable to grant an order for eviction, when such eviction is at the instance of an organ of state. How does Sachs J interpret each of the three factors referred to in the PIE Act? (9) Q.3.1.3 Which fourth factor does Sachs J consider to be relevant in deciding what is 'just and equitable' when granting an order for eviction? Explain your answer. (3) Q.3.2 Based on the facts in the Various Occupiers case, argue whether the mandament van spolie would be available as a remedy to the unlawful occupiers of the property if, instead of the municipality instituting official eviction proceedings, the owner had attempted to get them to vacate the property by using bulldozers to partially destroy their shacks. With reference to relevant case law, answer the following questions: Who could the application be brought against? What type of relief are the applicants seeking and why? What is the burden of proof placed on the applicants? Finally, what are the prospects of the applicants' success based on legal precedent? (15) Q.3.3 Discuss the various defences which may be raised against the spoliation remedy. (10) Discuss the correctness of the bystander's claim above with reference to Sachs J's judgment in the Various Occupiers case. Your answer should include a discussion on the applicability of ubuntu in the realm of evictions evictions