Indicate whether the following statement is true or false. In De Beer v Zimbali Estate Management Association (Pty) Ltd 2007 (N) the court found that an estate agent who used an electronic access card to enter an estate, visited the estate only on an intermittent basis and as a visitor who was subsequently denied access could not claim she had effective possession.

• A. True
• B. False
QUESTION 10
Match the letter to the CORRECT description of the controller below: A thief.
• A. Mala fide possessor
• B. Lawful holder
• C. Mala fide unlawful holder
• D. Bona fide unlawful holder
• E. Owner
• F. None of the above

1 answer

For the first statement regarding De Beer v Zimbali Estate Management Association (Pty) Ltd 2007 (N), the most accurate answer is:

A. True

In this case, the court indeed found that the estate agent did not have effective possession due to her limited and intermittent access combined with the fact that she was denied access.

For the second question regarding the description of a thief, the correct match would be:

C. Mala fide unlawful holder

A thief unlawfully possesses someone else's property with the intent to keep it, which identifies them as a mala fide (bad faith) unlawful holder.