FUR2601
ASSIGNMENT 2
SEMESTER 2 OF 2022
BY ARIA
THE LAW TUTOR
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and
reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this
document as your own work
• Fully accept the consequences should you plagiarise or misuse this document.
, Disclaimer
Extreme care has been used to create this document, however the contents are
provided “as is” without any representations or warranties, express or implied. The
author assumes no liability as a result of reliance and use of the contents of this
document. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted
in any form or by any means.
The City of Cape Town passed a by-law on unlawful land occupation which
states that land occupiers may be fined or imprisoned for up to two years.
Under the by-law, City officials are provided powers of arrest where individuals
seek to occupy public land having been informed that doing so is unlawful.
Those convicted of an offence under the by-law are liable to fines or
imprisonment, depending on the offence. NdivhoYaVhathu, a housing rights
activist organisation that promotes the realisation of constitutional rights and
social justice, say that the Act seeks to criminalise the occupation of land that
could result in a fine and/or imprisonment of between six months and two
years. They also believe that the by-law is not consistent with the Constitution
and the Prevention of Illegal Eviction from and Unlawful Occupation of Land
Act 19 of 1998 (the PIE Act). These provisions amount to the criminalisation of
people based on their housing status, homelessness. Mukovhe Mulaudzi and
100 other residents have been charged with and convicted of breaching the
bylaw after they unlawfully occupied and built shack on a piece of land in
Langa. Mr Mulaudzi states that he and other occupants were on the land
because they have been waiting for the government to provide housing for
over 5 years. In light of the above, answer the questions below:
QUESTION 1
Identify and name the rights potentially infringed by the bylaw.
The right to housing is enshrined in section 26 of the Constitution, which
states that:
1) Everyone has a right to have access to adequate housing. 2) The state
ASSIGNMENT 2
SEMESTER 2 OF 2022
BY ARIA
THE LAW TUTOR
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and
reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this
document as your own work
• Fully accept the consequences should you plagiarise or misuse this document.
, Disclaimer
Extreme care has been used to create this document, however the contents are
provided “as is” without any representations or warranties, express or implied. The
author assumes no liability as a result of reliance and use of the contents of this
document. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted
in any form or by any means.
The City of Cape Town passed a by-law on unlawful land occupation which
states that land occupiers may be fined or imprisoned for up to two years.
Under the by-law, City officials are provided powers of arrest where individuals
seek to occupy public land having been informed that doing so is unlawful.
Those convicted of an offence under the by-law are liable to fines or
imprisonment, depending on the offence. NdivhoYaVhathu, a housing rights
activist organisation that promotes the realisation of constitutional rights and
social justice, say that the Act seeks to criminalise the occupation of land that
could result in a fine and/or imprisonment of between six months and two
years. They also believe that the by-law is not consistent with the Constitution
and the Prevention of Illegal Eviction from and Unlawful Occupation of Land
Act 19 of 1998 (the PIE Act). These provisions amount to the criminalisation of
people based on their housing status, homelessness. Mukovhe Mulaudzi and
100 other residents have been charged with and convicted of breaching the
bylaw after they unlawfully occupied and built shack on a piece of land in
Langa. Mr Mulaudzi states that he and other occupants were on the land
because they have been waiting for the government to provide housing for
over 5 years. In light of the above, answer the questions below:
QUESTION 1
Identify and name the rights potentially infringed by the bylaw.
The right to housing is enshrined in section 26 of the Constitution, which
states that:
1) Everyone has a right to have access to adequate housing. 2) The state
