, PVL3701 Assignment 1 2026
Due Date : 1 April 2026
(Do not include Assignment Questions when submitting)
Given Set of Facts
Thandi owns a hotel called “Imbizo Lodge” in Durban. She bought three new fridges for
the kitchen from Value Save Traders (Pty) Ltd, in terms of a credit agreement. Value
Save Traders (Pty) Ltd reserves ownership of the fridges until the final instalment has
been paid. Thandi also owes First Metro Bank R500 000. The debt is secured by a
mortgage bond registered over the hotel.
A guest of the hotel, Annie, accidentally packed a towel that looked like her own into her
suitcase, honestly believing that it was hers, before leaving the hotel.
One of the hotel’s chefs, Sipho, asked Thandi whether he could rent one of the small
rooms in the hotel for a period of six months. Thandi agreed…………………………………………..
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 (detentor) of the room he rented at Imbizo
Lodge. Lawful holdership exists where a person has physical control (corpus) over a thing
but lacks the intention to own it (animus domini), and instead holds it with the consent
of another. Sipho occupies the room in terms of a valid lease agreement with Thandi and
therefore holds the room lawfully, subject to Thandi’s ownership.1
1
Study Unit 2: Lawful holdership (detentio) exists where a person holds a thing with consent and without intention
to own.
Due Date : 1 April 2026
(Do not include Assignment Questions when submitting)
Given Set of Facts
Thandi owns a hotel called “Imbizo Lodge” in Durban. She bought three new fridges for
the kitchen from Value Save Traders (Pty) Ltd, in terms of a credit agreement. Value
Save Traders (Pty) Ltd reserves ownership of the fridges until the final instalment has
been paid. Thandi also owes First Metro Bank R500 000. The debt is secured by a
mortgage bond registered over the hotel.
A guest of the hotel, Annie, accidentally packed a towel that looked like her own into her
suitcase, honestly believing that it was hers, before leaving the hotel.
One of the hotel’s chefs, Sipho, asked Thandi whether he could rent one of the small
rooms in the hotel for a period of six months. Thandi agreed…………………………………………..
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 (detentor) of the room he rented at Imbizo
Lodge. Lawful holdership exists where a person has physical control (corpus) over a thing
but lacks the intention to own it (animus domini), and instead holds it with the consent
of another. Sipho occupies the room in terms of a valid lease agreement with Thandi and
therefore holds the room lawfully, subject to Thandi’s ownership.1
1
Study Unit 2: Lawful holdership (detentio) exists where a person holds a thing with consent and without intention
to own.
