LAH3701
Assignment 1 Semester 2 2025
Unique #: 693782
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Read the accompanying story and answer the questions that follow:
During December 2021, about 300 people illegally occupied a vacant 15-storey
building that is dilapidated. It is situated next to the Deputy President’s home
in Arcardia within the City of Tshwane Metropolitan Municipality. The building
has been declared unsafe and unhealthy for anyone to occupy. The said
building is owned by one of the richest persons in South Africa, Mr Imali
Maningi. He wants to evict these people with immediate effect. The
municipality is worried about their health and safety. Against this background,
answer the following questions:
(1) Which legislation is applicable to the eviction of people from buildings that
are unsafe or unhealthy? (1)
The applicable legislation is the National Building Regulations and Building
Standards Act 103 of 1977 (NBRBSA). This Act allows a local authority to prohibit
occupation of a building if it is deemed unsafe or unhealthy. Section 12(4)(b)
empowers the municipality to take necessary steps, including eviction, when a
structure poses danger to health or safety. The municipality can serve notice and
apply to court if necessary. This ensures public safety and supports enforcement of
building standards where property owners and occupants fail to comply with legal
requirements.1
(2)
The municipality has the legal duty to ensure that unsafe or unhealthy buildings are
repaired or changed to make them fit for human use. This responsibility is given
under national building regulations and health laws. The municipality must protect
public health and safety in its area.2
1
UNISA Study Guide for LAH3701, pp. 20, 102–103, 106
2
See page 106 of your Study guide
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #: 693782
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Read the accompanying story and answer the questions that follow:
During December 2021, about 300 people illegally occupied a vacant 15-storey
building that is dilapidated. It is situated next to the Deputy President’s home
in Arcardia within the City of Tshwane Metropolitan Municipality. The building
has been declared unsafe and unhealthy for anyone to occupy. The said
building is owned by one of the richest persons in South Africa, Mr Imali
Maningi. He wants to evict these people with immediate effect. The
municipality is worried about their health and safety. Against this background,
answer the following questions:
(1) Which legislation is applicable to the eviction of people from buildings that
are unsafe or unhealthy? (1)
The applicable legislation is the National Building Regulations and Building
Standards Act 103 of 1977 (NBRBSA). This Act allows a local authority to prohibit
occupation of a building if it is deemed unsafe or unhealthy. Section 12(4)(b)
empowers the municipality to take necessary steps, including eviction, when a
structure poses danger to health or safety. The municipality can serve notice and
apply to court if necessary. This ensures public safety and supports enforcement of
building standards where property owners and occupants fail to comply with legal
requirements.1
(2)
The municipality has the legal duty to ensure that unsafe or unhealthy buildings are
repaired or changed to make them fit for human use. This responsibility is given
under national building regulations and health laws. The municipality must protect
public health and safety in its area.2
1
UNISA Study Guide for LAH3701, pp. 20, 102–103, 106
2
See page 106 of your Study guide
Varsity Cube 2025 +27 81 278 3372
