, LAH3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (693782) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
Question 1
Consider the following factual scenario and answer the questions that follow:
During December 2021, about 300 people illegally occupied a vacant 15-storey
building that is dilapidated. It is situated next to the Deputy President’s home in
Arcardia, within the City of Tshwane Metropolitan Municipality. The building has
been declared unsafe and unhealthy for anyone to occupy. The said building is
owned by one of the richest persons in South Africa, Mr Imali Maningi. He wants
to evict these people with immediate effect. The municipality is worried about
their health and safety. Against this background, answer the following questions:
(1) Which legislation is applicable to the eviction of people from
buildings that are unsafe or unhealthy? (2)
The applicable legislation is the Prevention of Illegal Eviction from
and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), together
with the National Building Regulations and Building Standards Act
103 of 1977 (NBRBSA).
PIE Act governs the eviction process, ensuring that it is lawful and
respects the rights to housing and dignity under Section 26 of the
Constitution.
NBRBSA empowers local authorities to declare buildings unsafe
or unhealthy and to take necessary steps, including ordering
evacuations.
These Acts must be read together with Section 26 of the Constitution
of South Africa, which protects against arbitrary eviction and mandates
adequate housing.
Semester 2 2025 (693782) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
Question 1
Consider the following factual scenario and answer the questions that follow:
During December 2021, about 300 people illegally occupied a vacant 15-storey
building that is dilapidated. It is situated next to the Deputy President’s home in
Arcardia, within the City of Tshwane Metropolitan Municipality. The building has
been declared unsafe and unhealthy for anyone to occupy. The said building is
owned by one of the richest persons in South Africa, Mr Imali Maningi. He wants
to evict these people with immediate effect. The municipality is worried about
their health and safety. Against this background, answer the following questions:
(1) Which legislation is applicable to the eviction of people from
buildings that are unsafe or unhealthy? (2)
The applicable legislation is the Prevention of Illegal Eviction from
and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), together
with the National Building Regulations and Building Standards Act
103 of 1977 (NBRBSA).
PIE Act governs the eviction process, ensuring that it is lawful and
respects the rights to housing and dignity under Section 26 of the
Constitution.
NBRBSA empowers local authorities to declare buildings unsafe
or unhealthy and to take necessary steps, including ordering
evacuations.
These Acts must be read together with Section 26 of the Constitution
of South Africa, which protects against arbitrary eviction and mandates
adequate housing.
