Problem
I. Lungusile and Thuli were in a romantic relationship. The parties decided to live together and agreed to purchase a house in an upmarket suburban area. They moved into their house on 1 December 2020. Lungusile and Thuli are joint registered owners in undivided half shares of the property. Their relationship eventually broke down, and Thuli vacated the property in April 2021. Lungusile resides at the property and wishes to terminate the joint ownership of the property. Thuli refuses to terminate the joint ownership.
i. Identify the type of co-ownership that Lungusile and Thuli have over the property. Motivate your answer.
ii. Thuli decides to sell the house. Is she entitled to do so? Substantiate your answer.
iii. Lungusile and Thuli's relationship has broken down irretrievably and they cannot decide how to terminate their joint ownership. Advise them on their legal position.
II. Jo-Ann and Peter occupy a farm close to Hlohlolwane in the Free State Province. The farm used to belong to them but was expropriated by the state in 2022. Jo-Ann and Peter struggle financially and do not have the means to buy another farm. Although their attorney, Dima (who practices in Bloemfontein), advised them to move, they decided to remain on the farm. They argue that the farm still belongs to them since the transfer of ownership to the state has not taken place yet.
One morning while Jo-Ann and Peter were consulting with Dima virtually, one of their teenage daughters, Lea, asked whether she can ask Dima a favour. She wants Dima to help her to get hold of a new trendy energy drink called "Base" which is only available at Chess supermarkets. Since there is no Chess supermarket in Hlohlolwane, she asks Dima to buy a few of the energy drinks. A friend of Lea, Mary, who lives in Bloemfontein will be visiting Lea on the farm in Hlohlolwane over the coming weekend and will bring the Base energy drinks with her.
Lea is worried that the Base energy drinks will sell out fast. Dima, who finds the discussion very entertaining, tells Lea that she already bought dozens of the energy drinks but that she does not like the taste and that Lea can get all her Base energy drinks that she has left. Mary collects the energy drinks at Dima's office. Dima takes a selfie with Mary holding the Base drinks, they video call Lea and Mary promises to bring the Base drinks over the weekend. Against this background answer the following questions:
i. Fully advise Jo-Ann and Peter about their legal position regarding the farm. In your answer specifically focus on whether they are still owners of the farm and the validity of their argument regarding registration.
ii. Mary arrives on the farm and hands the energy drinks to Lea. How did Lea become the owner of the Base drinks? Fully motivate your answer.