lOMoAR cPSD| 48745187
, lOMoAR cPSD| 48745187
UNIVERSITY EXAMINATIONS
May/June 2024
LAH3701
Land and Housing
100 Marks
3 Hours
First examiner: MM RATIBA
Second examiner: IM KNOBEL
External examiner: PL MONYAMANE
,QUESTION 1
Instruction to students: Study and read the narrative or thought reflected below and answer
the questions that follow.
South Africa’s history relating to land is a long, complicated and a painful one. In the context
of the land and Housing module, two things are and/or have been considered to be most
important and therefore relevant for enhancing a better understanding of the history in
question. Those are firstly, a timeline of historical events in respect of land and the legislation
passed and secondly, a scenario that is designed and intended to facilitate an understanding
of the practical application and consequences of the law relating to land and housing and used
primarily used as an ideal illustration of how practical situations are dealt with. This scenario
is based on the facts of the important Constitutional Court case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11)
[2011] ZACC 33; 2012 (2) BCLR 150 (CC) (1 December 2011).
1.1 In view of the importance of the Constitutional Court case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011]
ZACC 33 (1 December 2011) for the history of land and housing in South Africa, you
are required to indicate in two to three paragraphs, what the facts of the case were by
referring only to the most salient points. (15)
1.2 Briefly explain, and with reference to the facts of the City of Johannesburg Metropolitan
Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011] ZACC 33 (1
December 2011), how the cancellation of the lease by Blue Moonlight Properties (Pty)
Ltd rendered the tenure of the occupiers unlawful. (5)
, lOMoAR cPSD| 48745187
1.3 What are the implications of the fact that a large percentage of South Africa’s population
is homeless and, at what significant scale does the case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011]
ZACC 33 (1 December 2011) record such implications? (10)
1.4 Indicate and fully describe the most significant events in South Africa’s history relating to
land and connected to each timeline below.
1.4.1 1500 BC
1.4.2 13th Century AD.
1.4.3 6 April 1652
1.4.4 31 May 1910
1.4.5 27 April 1994 (10)
[40]
QUESTION 2
2.1 Consider the following paragraph and answer the questions that follow:
South African society is deeply scarred by its history, and deep inequalities still persist,
especially regarding access to land. In addition, many visible reminders of the effects
of apartheid and colonialism still exist. South Africa’s history relating to land use is a
long, complicated and a painful one to reminisce. South Africa’s long and turbulent
history in relation to the use and occupation of land is divided into historical periods,
, lOMoAR cPSD| 48745187
UNIVERSITY EXAMINATIONS
May/June 2024
LAH3701
Land and Housing
100 Marks
3 Hours
First examiner: MM RATIBA
Second examiner: IM KNOBEL
External examiner: PL MONYAMANE
,QUESTION 1
Instruction to students: Study and read the narrative or thought reflected below and answer
the questions that follow.
South Africa’s history relating to land is a long, complicated and a painful one. In the context
of the land and Housing module, two things are and/or have been considered to be most
important and therefore relevant for enhancing a better understanding of the history in
question. Those are firstly, a timeline of historical events in respect of land and the legislation
passed and secondly, a scenario that is designed and intended to facilitate an understanding
of the practical application and consequences of the law relating to land and housing and used
primarily used as an ideal illustration of how practical situations are dealt with. This scenario
is based on the facts of the important Constitutional Court case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11)
[2011] ZACC 33; 2012 (2) BCLR 150 (CC) (1 December 2011).
1.1 In view of the importance of the Constitutional Court case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011]
ZACC 33 (1 December 2011) for the history of land and housing in South Africa, you
are required to indicate in two to three paragraphs, what the facts of the case were by
referring only to the most salient points. (15)
1.2 Briefly explain, and with reference to the facts of the City of Johannesburg Metropolitan
Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011] ZACC 33 (1
December 2011), how the cancellation of the lease by Blue Moonlight Properties (Pty)
Ltd rendered the tenure of the occupiers unlawful. (5)
, lOMoAR cPSD| 48745187
1.3 What are the implications of the fact that a large percentage of South Africa’s population
is homeless and, at what significant scale does the case of City of Johannesburg
Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Others [2011]
ZACC 33 (1 December 2011) record such implications? (10)
1.4 Indicate and fully describe the most significant events in South Africa’s history relating to
land and connected to each timeline below.
1.4.1 1500 BC
1.4.2 13th Century AD.
1.4.3 6 April 1652
1.4.4 31 May 1910
1.4.5 27 April 1994 (10)
[40]
QUESTION 2
2.1 Consider the following paragraph and answer the questions that follow:
South African society is deeply scarred by its history, and deep inequalities still persist,
especially regarding access to land. In addition, many visible reminders of the effects
of apartheid and colonialism still exist. South Africa’s history relating to land use is a
long, complicated and a painful one to reminisce. South Africa’s long and turbulent
history in relation to the use and occupation of land is divided into historical periods,
