, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1 [LAND ISSUES PRINCIPLES, LEGISLATION AND CASE LAW]
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?
The eviction of individuals from buildings that are unsafe or unhealthy is governed by the National
Building Regulations and Building Standards Act 103 of 1977 (NBRBSA) and the Prevention of
Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The NBRBSA
specifically addresses situations where buildings are declared unsafe or unhealthy for occupancy,
which is the case in this scenario. The 15-storey building in question has been declared unsafe, and
the municipality is concerned about the health and safety of the occupants1.
The NBRBSA allows municipalities, such as the City of Tshwane Metropolitan Municipality, to
issue notices requiring the owner to remove occupants from unsafe or unhealthy buildings2. In this
case, the municipality has the authority to act in the interest of public health and safety, as indicated
by the building's unsafe condition3.
However, the NBRBSA alone does not govern the actual eviction process. For eviction to occur, the
PIE Act must also be followed. The PIE Act applies to unlawful occupiers, such as the 300
individuals who have illegally occupied the building4. PIE requires that evictions of unlawful
occupiers must be authorized by a court order, and all relevant circumstances must be considered
before an eviction can be carried out5. This ensures that evictions are not arbitrary, as guaranteed by
Section 26(3) of the Constitution6.
Thus, while the NBRBSA provides the grounds for eviction based on the building's condition, the
actual eviction process must adhere to the procedural requirements of PIE, which involves obtaining
a court order7.
1: (LAH3701, 2019:p102)
2: (LAH3701, 2019:p104)
3: (LAH3701, 2019:p106)
4: (LAH3701, 2019:p107)
5: (LAH3701, 2019:p101)
6: (LAH3701, 2019:p8)
7: (LAH3701, 2019:p95)
Question 1 [LAND ISSUES PRINCIPLES, LEGISLATION AND CASE LAW]
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?
The eviction of individuals from buildings that are unsafe or unhealthy is governed by the National
Building Regulations and Building Standards Act 103 of 1977 (NBRBSA) and the Prevention of
Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The NBRBSA
specifically addresses situations where buildings are declared unsafe or unhealthy for occupancy,
which is the case in this scenario. The 15-storey building in question has been declared unsafe, and
the municipality is concerned about the health and safety of the occupants1.
The NBRBSA allows municipalities, such as the City of Tshwane Metropolitan Municipality, to
issue notices requiring the owner to remove occupants from unsafe or unhealthy buildings2. In this
case, the municipality has the authority to act in the interest of public health and safety, as indicated
by the building's unsafe condition3.
However, the NBRBSA alone does not govern the actual eviction process. For eviction to occur, the
PIE Act must also be followed. The PIE Act applies to unlawful occupiers, such as the 300
individuals who have illegally occupied the building4. PIE requires that evictions of unlawful
occupiers must be authorized by a court order, and all relevant circumstances must be considered
before an eviction can be carried out5. This ensures that evictions are not arbitrary, as guaranteed by
Section 26(3) of the Constitution6.
Thus, while the NBRBSA provides the grounds for eviction based on the building's condition, the
actual eviction process must adhere to the procedural requirements of PIE, which involves obtaining
a court order7.
1: (LAH3701, 2019:p102)
2: (LAH3701, 2019:p104)
3: (LAH3701, 2019:p106)
4: (LAH3701, 2019:p107)
5: (LAH3701, 2019:p101)
6: (LAH3701, 2019:p8)
7: (LAH3701, 2019:p95)
