PVL3701 ASSIGNMENT 1 2026
MEMO
DUE DATE : 1 APRIL 2026
QUESTION 1
IDENTIFY ONE PERSON IN THE ABOVE SET OF FACTS THAT CAN BE DESCRIBED
AS A “LAWFUL HOLDER”. IN YOUR ANSWER, SPECIFICALLY REFER TO THE
RELEVANT THING(S) OF WHICH HE/SHE IS A LAWFUL HOLDER.
Sipho can be described as a lawful holder of the room that he rented from Thandi at Imbizo Lodge.
A lawful holder is a person who exercises physical control over a thing with the consent of the
owner, but without the intention to hold the thing as owner. Sipho obtained control of the room
through a valid lease agreement concluded with Thandi, who is the owner of the hotel. The lease
granted him the right to occupy and use the room for a period of six months. His control over the
room therefore exists on behalf of the owner and arises from a contractual arrangement rather than
ownership or possession with the intention of becoming the owner. Sipho’s relationship with the
room can therefore be classified as lawful holdership because he holds the property with the
permission of the owner and recognises Thandi’s ownership (Scott, Property Law Study Guide,
Study Unit 8; Van der Merwe and Scott Property Law).1
QUESTION 2
BRIEFLY DESCRIBE ANNIE’S REAL RELATIONSHIP WITH THE TOWEL IN HER
SUITCASE. IN YOUR ANSWER, REFER TO THE MENTAL ELEMENT.
Annie’s real relationship with the towel can be described as possession in good faith (bona fide
possession). Possession in property law consists of two essential elements, namely the physical
element (corpus), which refers to physical control over the thing, and the mental element (animus),
which refers to the intention to hold the thing as one’s own. In this scenario Annie has physical
1
SJ Scott, Property Law Study Guide (University of South Africa 2023); CG van der Merwe and SJ Scott, Property Law (Juta
2012).