LAH3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 (693782)
- DUE 21 August 2025
For assistance contact
Email:
, QUESTION 1
Here are the answers to the questions based on the provided story and South African law:
(1) Which legislation is applicable to the eviction of people from buildings that are unsafe
or unhealthy? The primary legislation applicable to the eviction of people from buildings in
South Africa, including those that are unsafe or unhealthy, is the Prevention of Illegal Eviction
from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
(2) Under the legislation mentioned in question (a), who has the authority to ensure that all
buildings that are unsafe or unhealthy are altered or renovated to render them safe or
healthy for human habitation? While the PIE Act governs the eviction process, it is not the
legislation that grants authority for the alteration or renovation of unsafe or unhealthy buildings.
The authority to ensure that buildings declared unsafe or unhealthy are altered or renovated to
render them safe or healthy for human habitation primarily rests with the relevant local
authority or municipality (in this case, the City of Tshwane Metropolitan Municipality). This
authority is exercised under municipal by-laws related to building regulations, health, and
safety, as well as the National Building Regulations and Building Standards Act 103 of 1977.
Understanding the PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation
of Land Act 19 of 1998)
The PIE Act was enacted to give effect to Section 26(3) of the Constitution, which states: "No
one may be evicted from their home, or have their home demolished, without an order of court
made after considering all the relevant circumstances. No legislation may permit arbitrary
evictions."
Here's why the PIE Act is central to this case:
Prohibition of Self-Help Evictions: The most crucial aspect of the PIE Act is that it
abolishes self-help evictions. This means that Mr. Imali Maningi, despite being the
owner, cannot evict the 300 people "with immediate effect" by simply telling them to
leave or by taking physical action. Any eviction must be authorised by a court order.
Court Process is Mandatory: To evict the unlawful occupiers, Mr. Maningi must apply
to a competent court (Magistrates' Court or High Court) for an eviction order.
(COMPLETE ANSWERS)
Semester 2 2025 (693782)
- DUE 21 August 2025
For assistance contact
Email:
, QUESTION 1
Here are the answers to the questions based on the provided story and South African law:
(1) Which legislation is applicable to the eviction of people from buildings that are unsafe
or unhealthy? The primary legislation applicable to the eviction of people from buildings in
South Africa, including those that are unsafe or unhealthy, is the Prevention of Illegal Eviction
from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
(2) Under the legislation mentioned in question (a), who has the authority to ensure that all
buildings that are unsafe or unhealthy are altered or renovated to render them safe or
healthy for human habitation? While the PIE Act governs the eviction process, it is not the
legislation that grants authority for the alteration or renovation of unsafe or unhealthy buildings.
The authority to ensure that buildings declared unsafe or unhealthy are altered or renovated to
render them safe or healthy for human habitation primarily rests with the relevant local
authority or municipality (in this case, the City of Tshwane Metropolitan Municipality). This
authority is exercised under municipal by-laws related to building regulations, health, and
safety, as well as the National Building Regulations and Building Standards Act 103 of 1977.
Understanding the PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation
of Land Act 19 of 1998)
The PIE Act was enacted to give effect to Section 26(3) of the Constitution, which states: "No
one may be evicted from their home, or have their home demolished, without an order of court
made after considering all the relevant circumstances. No legislation may permit arbitrary
evictions."
Here's why the PIE Act is central to this case:
Prohibition of Self-Help Evictions: The most crucial aspect of the PIE Act is that it
abolishes self-help evictions. This means that Mr. Imali Maningi, despite being the
owner, cannot evict the 300 people "with immediate effect" by simply telling them to
leave or by taking physical action. Any eviction must be authorised by a court order.
Court Process is Mandatory: To evict the unlawful occupiers, Mr. Maningi must apply
to a competent court (Magistrates' Court or High Court) for an eviction order.
