RRLLB81 Assignment 2 (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE 10 September 2026 - OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION APPLICATIONS

RRLLB81 Assignment 2 (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE 10 September 2026 - OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION APPLICATIONS; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Background The case of Hendricks v Hendricks 2016 (1) SA 511 (SCA) dealt with a right of habitation and eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The Supreme Court of Appeal had to determine whether the holder of a right of habitation could apply for an eviction order against the owner of the property in terms of PIE. 56 In your discussion of this topic, focus on the nature of ownership as opposed to the nature of a right of habitation (personal servitude); section 26(3) of the Constitution of the Republic of South Africa, 1996, and the application of PIE in these circumstances. Cases Kidson v Jimspeed Enterprises CC 2009 (5) SA 246 (GNP) Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC) Books Pope A, Du Plessis E (eds), The Principles of the Law of Property in South Africa (2nd ed, OUP 2020) Van der Walt AJ and Pienaar G, Introduction to the Law of Property (7th ed, Juta 2016) Legislation The Constitution of the Republic of South Africa, 1996 Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 Journal Articles Van der Walt AJ and Dhliwayo P, ‘The Notion of Absolute and Exclusive Ownership: A Doctrinal Analysis’ (2017) 134 SALJ 34 Boggenpoel ZT and Mahomedy S, ‘Reflecting on Evictions and Unlawful Occupation of Land in South Africa: Where Do Some Gaps Still Remain?’ (2024)27 PER 1