LAH3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2023 (652427) - DUE 6 September 2023.

LAH3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2023 () - DUE 6 September 2023.100% CORRECT questions, answers, workings and explanations.1. Which statement does not correctly reflect the facts of the Constitutional Court case of City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11) [2011] ZACC 33; 2012 (2) BCLR 150 (CC) (1 December 2011)? 8 a) Eighty-one adults and five children occupied a property called “Saratoga Avenue” in Berea in the city of Johannesburg. b) The property comprised old and dilapidated commercial premises with office space, a factory building and garages. c) One child had a disability, two adults were pensioners and a number of the households were headed by women. d) Many of the occupiers sent their full income to family members in other parts of the country. 2. Indicate the correct option. On 25 May 2006 and in the context of the Constitutional Court case of City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11) [2011] ZACC 33; 2012 (2) BCLR 150 (CC) (1 December 2011), Blue Moonlight commenced proceedings to evict the 86 occupiers from Saratoga Avenue in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The occupiers opposed the eviction on the basis that … (a) they (the occupiers) would be rendered homeless. (b) Blue Moonlight lacked legal capacity to sue for eviction. (c) Blue Moonlight issued an unlawful notice to evict. (d) they (the occupiers) had signed valid contracts of lease. 3. Which statement does not correctly explain why land is of central importance in South Africa? (a) Land is a national asset. (b) Land is a scarce commodity. (c) Land can be traded privately. (d) Land is a fragile asset. 4. Which of the following people are excluded from the category of the earliest inhabitants of South Africa who had a connection with land that was related to food? (a) The hunter-gatherers or the San. (b) The Dutch or other European settlers. (c) The pastoralists or the Khoikhoi. (d) The agriculturalists or Bantu language speakers. LAH3701/201 9 5. Which statement is not among the reasons for the Great Trek which was the movement out of the Cape Colony of thousands of Dutch-speaking inhabitants? (a) The Dutch occupation of the Cape Colony. (b) The steady inflow of British settlers into the Cape Colony. (c) The abolition of slavery. (d) The Sixth Frontier war. 6. Which statute did not establish the basis for a discriminatory system of land use in South Africa? (a) The Development Trust and Land Act 18 of 1936. (b) The Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988. (c) The Promotion of Bantu Self-government Act 46 of 1959. (d) The National States Constitution Act 21 of 1971. 7. Indicate the incorrect option. South Africa’s history in relation to land resulted in the development of a number of different tenure types, namely: (a) Leasehold. (b) Ownership. (c) Lease. (d) Tribal Land Resolutions. 8. Indicate the incorrect option. The basic principle of registration entails the drawing up of a title deed that contains all the particulars of the property, such as: (a) The names of all its previous owners of the property. (b) A cadastral description of the property. (c) The conditions attaching to the property. (d) The land servitudes registered against the property. 9. Indicate the incorrect option. In terms of the rules relating to the registration of land in South Africa, no registration of land at the Deeds Office is possible without first: (a) Conducting a survey of the land. 10 (b) Taking aerial photographs of the land. (c) Drawing up general plans of the land. (d) Submitting the general plans of the land to the surveyor-general. 10. Indicate the incorrect option. Historically in South Africa, ownership of land in rural areas differs from ownership in the urban areas, in that the land is held in trust by: (a) The King. (b) The Queen. (c) The village headman. (d) The Paramount Chief. 11. Which statute is an incorrect fit into the category of statutes passed by the last apartheid government, with a view to broaden access to land rights for all, to upgrade the quality and security of title, and to promote the use of land as a national asset? (a) The Abolition of Racially Based Land Measures Act 108 of 1991. (b) The Conversion of Certain Rights into Leasehold or Ownership Act 81 of 1988. (c) The Upgrading of Land Tenure Rights Act 112 of 1991. (d) The National States Constitution Act 21 of 1971. 12. Which statute is not part of legislation passed to further the land reform programme, as authorised by section 25(5)– (7) of the Constitution? (a) The Restitution of Land Rights Act 22 of 1994. (b) The Land Reform (Labour Tenants) Act 3 of 1996. (c) The Provision of Land and Assistance Act 126 of 1993. (d) The Communal Property Associations Act 28 of 1996. 13. Which case remains the most important source that dissects section 26 (the Housing clause) of the Constitution? (a) Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others 2010 (3) SA 454 (CC. (b) City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11) [2011] ZACC 33; 2012 (2) BCLR 150 (CC). (c) Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC). LAH3701/201 11 (d) Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg v City of Johannesburg and Others 2008 (3) SA 208 (CC). 14. Which one of the following statements falls outside the scope of the Housing Act 107 of 1997 which was enacted to give effect to section 26 of the Constitution? (a) The Act promotes a sustainable housing development process and lays down general principles for housing development. (b) The Act defines the functions of the national, provincial and local spheres of government. (c) The Act establishes the all-important National Housing Code (NHC), the South African Housing Fund and the National Housing Data Bank and Information System. (d) The Act provides for the evacuation to temporary shelters of all or part of the population from a disaster-stricken if such action is necessary for the preservation of life. 15. The rights conferred by section 26(1) of the Constitution are to have access to the services that the state is obliged to provide in terms of section 26(2). Which one of the following statements does not form part of the key elements encapsulating the extent of the state’s obligation? (a) Free, fair and cheap delivery of services. (b) Reasonable legislative measures. (c) The relevant measures are within available resources. (d) To achieve the progressive realisation of the right. 16. What is the name of the court case in which the Constitutional Court emphasised the importance of enabling the Rental Housing Tribunal (RHT) to deal with cases concerning lease agreements, and that parties should not rush to court before allowing the RHT to make its ruling? (a) Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC). (b) Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC). (c) City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11) [2011] ZACC 33; 2012 (2) BCLR 150 (CC). (d) Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg v City of Johannesburg and Others 2008 (3) SA 208 (CC). . 12 17. Which one of the following statements is correct? Section 26(3) of the Constitution is connected to sections 26(1) and 26(2) and provides … (a) for the eviction of people from buildings that are unsafe or unhealthy and that must be renovated. (b) for the evacuation to temporary shelters of all or part of the population from a disaster- stricken or threatened area if such action is necessary for the preservation of life. (c) that Labour tenants may be evicted where this is just and equitable under the circumstances. (d) that people may not be evicted from their homes, or have their homes demolished, without an order of court made after considering all the relevant circumstances. 18. Complete the following narration by choosing one of the options below. The Dutch settlers first encountered the Xhosa in the region of the Great Fish River. Conflicts arose over cattle and good grazing areas, resulting in battles that escalated into frontier wars. The first of such battles was in the year … (a) 1780. (b) 1789. (c) 1793. (d) 1799. 19. Complete the following narration by choosing one of the options below. Shortly after their arrival, the English perpetuated the wars fought by the Dutch against the Xhosas. They engaged in a number of frontier wars that broke the power of the indigenous inhabitants and subsequently their lands were seized. The savage Fourth Frontier War (1811–1812) was the first war that featured professional British soldiers, and … (a) pushed the Xhosa even further east, beyond the Keiskamma River. (b) drove the Xhosa back to the east of the Fish River. (c) led to 7 000 Xhosa being left homeless. (d) led to 7000 Xhosa defeating the British. 20. Complete the following narration by choosing one of the options below. Three more wars followed, the Seventh War (1846–1847), the Eighth War (1850–1853) and the Ninth War (1877–1879), resulting in the annexation of all remaining Xhosa territory under British control. The same tactics were used to invade the independent Zulu Kingdom LAH3701/201 13 in 1879. A new series of “Confederation Wars” was initiated that ended all black independence in southern Africa and led to … (a) the great Anglo-Boer War of 1899 to 1902. (b) the Xhosa escaping to the east of the Fish River. (c) 7 000 people of all races being left homeless. (d) the defeat of the Zulu Kingdom.