, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
TABLE OF CONTENT
TOPIC ONE: Ownership Versus The Right To Habitation in Eviction Page 3
Applications
TOPIC TWO: The Extent of the Influence of Shilubana Case in Intestate Page 20
Succession
,OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION APPLICATIONS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF PRIVATE LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the relationship between ownership and the right of
habitation in eviction applications under the Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998. The study examines the Supreme Court of Appeal's decision in
Hendricks v Hendricks 2016 (1) SA 511 (SCA), which held that the holder of a right of habitation
may apply for an eviction order against the owner of the property in terms of PIE. The research
analyses the nature of ownership and the nature of a right of habitation as a personal servitude, the
constitutional framework under section 26(3) of the Constitution, and the application of PIE in these
circumstances. It is argued that ownership is not absolute and may be limited by the registration of a
personal servitude such as habitatio, and that the constitutional protection against arbitrary eviction
extends to all occupiers, regardless of whether they are owners or holders of limited real rights. The
research concludes that the Hendricks decision correctly recognised that a holder of a right of
habitation may be the person in charge of the property for purposes of PIE and may seek the eviction
of the owner who occupies the property without consent.
KEYWORDS
Ownership; Right of Habitation; Eviction; Prevention of Illegal Eviction Act; Personal Servitude
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
Constitution Constitution of the Republic of South Africa, 1996
PER Potchefstroom Electronic Law Journal
Prevention of Illegal Eviction from and Unlawful Occupation of Land
PIE
Act 19 of 1998
SALJ South African Law Journal
SCA Supreme Court of Appeal
TABLE OF CONTENT
TOPIC ONE: Ownership Versus The Right To Habitation in Eviction Page 3
Applications
TOPIC TWO: The Extent of the Influence of Shilubana Case in Intestate Page 20
Succession
,OWNERSHIP VERSUS THE RIGHT TO HABITATION IN EVICTION APPLICATIONS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF PRIVATE LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the relationship between ownership and the right of
habitation in eviction applications under the Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998. The study examines the Supreme Court of Appeal's decision in
Hendricks v Hendricks 2016 (1) SA 511 (SCA), which held that the holder of a right of habitation
may apply for an eviction order against the owner of the property in terms of PIE. The research
analyses the nature of ownership and the nature of a right of habitation as a personal servitude, the
constitutional framework under section 26(3) of the Constitution, and the application of PIE in these
circumstances. It is argued that ownership is not absolute and may be limited by the registration of a
personal servitude such as habitatio, and that the constitutional protection against arbitrary eviction
extends to all occupiers, regardless of whether they are owners or holders of limited real rights. The
research concludes that the Hendricks decision correctly recognised that a holder of a right of
habitation may be the person in charge of the property for purposes of PIE and may seek the eviction
of the owner who occupies the property without consent.
KEYWORDS
Ownership; Right of Habitation; Eviction; Prevention of Illegal Eviction Act; Personal Servitude
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
Constitution Constitution of the Republic of South Africa, 1996
PER Potchefstroom Electronic Law Journal
Prevention of Illegal Eviction from and Unlawful Occupation of Land
PIE
Act 19 of 1998
SALJ South African Law Journal
SCA Supreme Court of Appeal
