NAME&SURNAME: MAGAELA KOKETJO

MODULE CODE: LAH3701

OCT/NOV 2022 EXAMINATION
QUESTION 1
1.1.Three prescribed Circumstances
1.Legal security of tenure
- All people should have some form of tenure that guarantees
legal protection against forced eviction, harassment and other
threats.
2.Availability of services ,materials,facilities and infrastructure
-Housing must have facilities crucial for health,security comfort
and nutrition.
3.Affordability
- People must be able to afford housing.
1.2.Six statues
(a) Rental housing Act 59 of 1999,as amended
- Lawful tenants, unless a specified process is followed.
(b) Land Reform(Labour tenants) Act 3 of 1996
-Lawful occupiers of agricultural (rural) land or labour tenants
(c) Extension of security of tenure Act 62 of 1997
- Occupation rights of persons who occupy land with the
consent of land owners.
(d) Prevention of illegal eviction and unlawful Occupation of
land Act 19 of 1998
- unlawful occupiers of private and public land found only in
residential dwellings and not commercial dwellings.
(e) National buildings regulations and building standards Act
103 of 1997
-People occupying buildings where the buildings they occupy
are unsafe or unhealthy and must be renovated, as well as
when housing development is to be undertaken.
(f) Interim protection of informal land rights Act 31 of 1996
- occupiers of communal,native trust or other indigenous land.
1.3.Limitations placed on a person’s ownership
- limitations imposed in terms of legislation
- limitations imposed by the law relating to neighbors
- limitations as a result of the limited real rights of other
persons.
QUESTION 2
2.1.
2.National Party comes to power
3.Groups Areas Act 41 of 1950
4.1959
5.1976 – 1981
6.1991
7.1993
8.First democratic elections white paper on housing
9. The constitution of the Republic of South Africa, 1996
Interim protection of informal land rights Act 31 of 1996
Communal property Association Act 28 of 1996
10.Extention of security of tenure Act 62 of 1997
Housing Act 107 of 1997
11.1998
QUESTION 3
3.1.
a.Leasehold
b.Quitrent tenure
c.Deed-of-grand-right
d.Tribunal land rights in customary law
e.ShareCroping
f.Labour tenancy
g.Ownership
h.Share-block scheme
I.Time-Sharing schemes
j.Retirement-housing Schemes
3.2.Leasehold is a form of land tenure that is not of a
permanent nature and whereby land is occupied in terms of
contract of lease
A new form of Leasehold was introduced by the blacks (urban
areas) consolidation Act 25 of 1945
This Act permitted unregistered 30years Leasehold on lad
situated within black urban areas in South Africa
3.3.Factors
- The current use of property
- the history of the acquisition and use of the property
- the extent of direct state investment
- the purpose of the expropriation
QUESTION 4
1.National Buildings Regulations and building standards Act 103
of 1977
2.People occupying the Buildings
3.Guidelines
-what the consequences of the eviction might be
-whether the city could help in alleviating those direct
consequences
-whether it was possible to render the Buildings concerned
relatively safe and conducive to health for an interim period.
-whether the city obligations to the occupiers in the prevailing
circumstances
-when and how the city could or would fulfill these obligations.
4.abahlali Basemjondolo Movement SA and Anothervv Premier
of the province of KwaZulu-Natal and others 2010(2) BCLR
99(cc)
5.The court found that proper engagement include taking into
consideration the needs of those who will be affected, the
possibility of upgrading the area concerned ,and the provision
of alternative accommodation where necessary.