UNIVERSITY OF SOUTH AFRICA
College of Law
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LAH3701: Land and Housing
Assignment 01 | Second Semester, 2026
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LAH3701
Module Code:
Land and Housing
Module Name:
Question 1: Land Issues and Principles
Assessment Topic:
Assessment 01
Assignment Number:
276322
Unique Number:
31 August 2026
Due Date:
20
Total Marks:
Submitted in partial fulfilment of the requirements for Land and Housing, UNISA 2026
, UNISA | LAH3701 Land and Housing: Assignment 01
Question 1: Land Issues and Principles
The scenario concerns the eviction of illegal occupiers from a dilapidated, unsafe building in
the City of Tshwane, and tests the interaction between an owner’s common-law remedies, a
municipality’s statutory duty to secure public health and safety, and the constitutional protec-
tion against arbitrary eviction.1
1.1 The story
(a) Applicable legislation
Which legislation is applicable to the eviction of people from buildings that are unsafe or
unhealthy? (1)
The National Building Regulations and Building Standards Act 103 of 1977, and specifically
section 12 of that Act, applies to the eviction of occupiers from buildings that are unsafe or
unhealthy.2
(b) Authority to secure safe and healthy buildings
Under the legislation mentioned in question (a), who has the authority to ensure that all
buildings that are unsafe or unhealthy are altered or renovated to render them safe or
healthy for human habitation? (1)
The local authority (municipality) in whose area of jurisdiction the building is situated holds
this authority. It may order an owner to alter or repair a dangerous building, or order occupiers
to vacate it, by written notice.3
1
Constitution of the Republic of South Africa, 1996, s 26(3).
2
National Building Regulations and Building Standards Act 103 of 1977, s 12; City of Johannesburg v Rand
Properties (Pty) Ltd 2007 (6) SA 417 (SCA) para 1.
3
National Building Regulations and Building Standards Act 103 of 1977, s 12(1) and s 12(4)(a)-(b).
Page 2 of 7
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LAH3701: Land and Housing
Assignment 01 | Second Semester, 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LAH3701
Module Code:
Land and Housing
Module Name:
Question 1: Land Issues and Principles
Assessment Topic:
Assessment 01
Assignment Number:
276322
Unique Number:
31 August 2026
Due Date:
20
Total Marks:
Submitted in partial fulfilment of the requirements for Land and Housing, UNISA 2026
, UNISA | LAH3701 Land and Housing: Assignment 01
Question 1: Land Issues and Principles
The scenario concerns the eviction of illegal occupiers from a dilapidated, unsafe building in
the City of Tshwane, and tests the interaction between an owner’s common-law remedies, a
municipality’s statutory duty to secure public health and safety, and the constitutional protec-
tion against arbitrary eviction.1
1.1 The story
(a) Applicable legislation
Which legislation is applicable to the eviction of people from buildings that are unsafe or
unhealthy? (1)
The National Building Regulations and Building Standards Act 103 of 1977, and specifically
section 12 of that Act, applies to the eviction of occupiers from buildings that are unsafe or
unhealthy.2
(b) Authority to secure safe and healthy buildings
Under the legislation mentioned in question (a), who has the authority to ensure that all
buildings that are unsafe or unhealthy are altered or renovated to render them safe or
healthy for human habitation? (1)
The local authority (municipality) in whose area of jurisdiction the building is situated holds
this authority. It may order an owner to alter or repair a dangerous building, or order occupiers
to vacate it, by written notice.3
1
Constitution of the Republic of South Africa, 1996, s 26(3).
2
National Building Regulations and Building Standards Act 103 of 1977, s 12; City of Johannesburg v Rand
Properties (Pty) Ltd 2007 (6) SA 417 (SCA) para 1.
3
National Building Regulations and Building Standards Act 103 of 1977, s 12(1) and s 12(4)(a)-(b).
Page 2 of 7
