Reference to Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC) (‘the Various Occupiers case’) and answer the following question about the decision. Make sure to understand the facts of the case.
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.
In your argument you must make reference to all of the relevant case law and you must answer the following questions:
• Who could the application can be brought against?
• What type of relief the applicants are seeking and why?
• What is the burden of proof placed on the applicants?
• Finally, what are the chances of the applicants’ success based on legal precedent?
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