LAH3701 Assignment 1 2025
Question 1 Answers
(1) Legislation applicable
The National Building Regulations and Building Standards Act 103 of 1977
(NBRBSA) applies, specifically section 12, which deals with buildings that are unsafe,
unhealthy, or in a dilapidated condition.
In addition, eviction must comply with the Prevention of Illegal Eviction from and
Unlawful Occupation of Land Act 19 of 1998 (PIE Act), since the occupiers are
unlawful residents.
(2) Authority under the legislation
Under section 12 of the NBRBSA, the local authority (in this case, the City of
Tshwane Metropolitan Municipality) has the authority to order the owner to alter,
renovate, or demolish any building that is unsafe or unhealthy, to render it safe for
human occupation.
(3) Five guidelines for eviction with alternative accommodation
When a municipality seeks eviction for health and safety reasons, and to arrange
alternative accommodation, the PIE Act and Constitutional Court rulings (such as
Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg v City
of Johannesburg) require the following:
1. Meaningful engagement with the occupiers to understand their needs and
circumstances.
, 2. Consideration of the rights to dignity, life, and adequate housing under
section 26 of the Constitution.
3. Assessment of alternative accommodation and provision where necessary,
especially for vulnerable groups (children, elderly, disabled).
4. Adequate notice of the eviction proceedings and hearing, as prescribed by the
PIE Act.
5. Court supervision and approval, ensuring the eviction is just and equitable in
the circumstances.
(4) Case precedent
Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg
v City of Johannesburg & Others 2008 (3) SA 208 (CC).
(5) Court decision in that case
The Constitutional Court held that before an eviction from unsafe or unhealthy buildings
can occur, the municipality must meaningfully engage with the occupiers to explore
solutions, including the provision of temporary or alternative accommodation.
The eviction must be just and equitable, balancing the owner’s property rights with the
occupiers’ constitutional rights to housing and dignity. The court ordered the City of
Johannesburg to provide temporary accommodation before the eviction could proceed.
[Total: 20 marks]
Question 1 Answers
(1) Legislation applicable
The National Building Regulations and Building Standards Act 103 of 1977
(NBRBSA) applies, specifically section 12, which deals with buildings that are unsafe,
unhealthy, or in a dilapidated condition.
In addition, eviction must comply with the Prevention of Illegal Eviction from and
Unlawful Occupation of Land Act 19 of 1998 (PIE Act), since the occupiers are
unlawful residents.
(2) Authority under the legislation
Under section 12 of the NBRBSA, the local authority (in this case, the City of
Tshwane Metropolitan Municipality) has the authority to order the owner to alter,
renovate, or demolish any building that is unsafe or unhealthy, to render it safe for
human occupation.
(3) Five guidelines for eviction with alternative accommodation
When a municipality seeks eviction for health and safety reasons, and to arrange
alternative accommodation, the PIE Act and Constitutional Court rulings (such as
Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg v City
of Johannesburg) require the following:
1. Meaningful engagement with the occupiers to understand their needs and
circumstances.
, 2. Consideration of the rights to dignity, life, and adequate housing under
section 26 of the Constitution.
3. Assessment of alternative accommodation and provision where necessary,
especially for vulnerable groups (children, elderly, disabled).
4. Adequate notice of the eviction proceedings and hearing, as prescribed by the
PIE Act.
5. Court supervision and approval, ensuring the eviction is just and equitable in
the circumstances.
(4) Case precedent
Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg
v City of Johannesburg & Others 2008 (3) SA 208 (CC).
(5) Court decision in that case
The Constitutional Court held that before an eviction from unsafe or unhealthy buildings
can occur, the municipality must meaningfully engage with the occupiers to explore
solutions, including the provision of temporary or alternative accommodation.
The eviction must be just and equitable, balancing the owner’s property rights with the
occupiers’ constitutional rights to housing and dignity. The court ordered the City of
Johannesburg to provide temporary accommodation before the eviction could proceed.
[Total: 20 marks]
