, LAH3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2026 - DUE 31 August 2026; 100% Correct
solutions and explanations.
QUESTION 1
1.1(a) Applicable legislation to the eviction of people from unsafe or
unhealthy buildings
The applicable legislation is the Prevention of Illegal Eviction from and
Unlawful Occupation of Land Act 19 of 1998 (PIE Act). The PIE Act
provides the legal framework for the eviction of people who occupy land or
buildings without the consent of the owner or person in charge. In this
scenario, although Mr Imali Maningi is the lawful owner of the 15-storey
building, he cannot simply remove the approximately 300 unlawful occupiers
with immediate effect. The Constitution of the Republic of South Africa,
1996, particularly section 26(3), protects people from being evicted from
their homes without a court order made after considering all relevant
circumstances.
The PIE Act requires that an owner who wishes to evict unlawful occupiers
must follow a proper legal procedure. This includes applying to a competent
court for an eviction order and giving the occupiers sufficient notice of the
proceedings. The court must consider factors such as whether the occupiers
include vulnerable groups, whether alternative accommodation is available,
and whether the eviction would be just and equitable.
In this case, the building has been declared unsafe and unhealthy for
occupation, which raises important concerns regarding the health and safety
of the occupiers. The City of Tshwane Metropolitan Municipality also has
responsibilities under municipal legislation, including the National Building
Regulations and Building Standards Act 103 of 1977 and public health
laws, to ensure that dangerous buildings do not pose risks to people and
surrounding communities.
Therefore, while the unsafe condition of the building may justify urgent
intervention, Mr Maningi must still comply with the PIE Act and obtain a
lawful eviction order. The eviction process must balance the owner’s right to
Semester 2 2026 - DUE 31 August 2026; 100% Correct
solutions and explanations.
QUESTION 1
1.1(a) Applicable legislation to the eviction of people from unsafe or
unhealthy buildings
The applicable legislation is the Prevention of Illegal Eviction from and
Unlawful Occupation of Land Act 19 of 1998 (PIE Act). The PIE Act
provides the legal framework for the eviction of people who occupy land or
buildings without the consent of the owner or person in charge. In this
scenario, although Mr Imali Maningi is the lawful owner of the 15-storey
building, he cannot simply remove the approximately 300 unlawful occupiers
with immediate effect. The Constitution of the Republic of South Africa,
1996, particularly section 26(3), protects people from being evicted from
their homes without a court order made after considering all relevant
circumstances.
The PIE Act requires that an owner who wishes to evict unlawful occupiers
must follow a proper legal procedure. This includes applying to a competent
court for an eviction order and giving the occupiers sufficient notice of the
proceedings. The court must consider factors such as whether the occupiers
include vulnerable groups, whether alternative accommodation is available,
and whether the eviction would be just and equitable.
In this case, the building has been declared unsafe and unhealthy for
occupation, which raises important concerns regarding the health and safety
of the occupiers. The City of Tshwane Metropolitan Municipality also has
responsibilities under municipal legislation, including the National Building
Regulations and Building Standards Act 103 of 1977 and public health
laws, to ensure that dangerous buildings do not pose risks to people and
surrounding communities.
Therefore, while the unsafe condition of the building may justify urgent
intervention, Mr Maningi must still comply with the PIE Act and obtain a
lawful eviction order. The eviction process must balance the owner’s right to
