Question
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
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?
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