PVL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2023.

PVL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2023.100% CORRECT questions, answers, workings and explanations.Against this background consider the following set of facts: 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 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. Against this background answer the following questions: Question 1 Why is expropriation classified as a form of original acquisition of ownership? Fully substantiate your answer with reference to the specific page of your Study Guide that you consulted to answer this question. Do not insert footnotes – simply refer to the relevant page(s) that you consulted in brackets after your answer. Your answer should not exceed 6 lines. (3) Evaluation criteria Not yet achieved Partially achieved Achieved The reason why expropriation is an original form of acquisition of ownership is clearly explained using own words. 0 1 2 Correct reference to the relevant page number of the Study Guide in brackets. The answer does not exceed 6 lines 1/2 1 4 Question 2 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. Substantiate your answer with reference to the specific page number(s) in the Study Guide that you consulted to answer this question. Do not insert footnotes – simply refer to the relevant page(s) that you consulted in brackets after your answer. Your answer should not exceed 8 lines. (4) Evaluation criteria Not yet achieved Partially achieved Achieved A clear understanding of Jo-Ann and Peter’s legal position and the validity of their argument is illustrated using own words 0 2 3 Correct reference to the relevant page number(s) of the Study guide in brackets. The answer does not exceed 8 lines. 1/2 1 Question 3 Deprivation and expropriation are both dealt with in terms of the property clause, Section 25 of the Constitution, 1996. These concepts differ. In view of the FNB decision explain how a court could approach infringements of the property clause. Substantiate your answer with reference to the most relevant paragraph(s) of the FNB decision that you consulted to answer this question. Do not insert footnotes – simply refer to the relevant paragraph(s) that you consulted in brackets after your answer. Your answer should not exceed 10 lines.