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Administrator, Cape, v Ntshwaqela
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Administrator, Cape, v Ntshwaqela : ウィキペディア英語版
Administrator, Cape, v Ntshwaqela

''Administrator, Cape, and Another v Ntshwaqela and Others''〔1990 (1) SA 705 (A).〕 is an important case in South African law, heard in the Appellate Division on 7 November 1989, with judgment handed down on 30 November. Corbett CJ, Hoexter JA, Nestadt JA, Steyn JA and Nicholas AJA.
== Facts ==
The appellants, being the Administrator of the Cape and the Minister of Police, the respective heads of the Cape Provincial Administration and the South African Police (the CPA and the SAP respectively), appealed the grant against them of a ''mandament van spolie'' by a Provincial Division at the instance of the respondents. The respondents were among a group of squatters who had occupied land, part of which was owned by a local authority and part of which was privately owned, until, after several meetings between the owners, the CPA and the SAP, they and their possessions and dwellings were cleared from the site in an operation carried out by numerous members of the SAP, and removed to a township in transport provided by the CPA.
The order granted by the court ''a quo'' against the owners, the CPA and the SAP was to the effect that they were "directed to restore (squatters ) to undisturbed possession of the () sites" from which they had been cleared.
In the appeal, the CPA and the SAP argued, ''inter alia'', that the mandament should not have been granted against them, in that
# neither of them had participated in the demolition of any squatter dwellings, their respective roles being merely supportive; and
# since neither of them had ''dominium'' or a right of control over the sites from which the squatters had been removed, they had no means, legal or otherwise, of giving effect to the mandament.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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