, LAH3701 Assignment 1
Semester 2 2025(693782)
DUE 21 August 2025
Use this document as a guide and for references to answer your assignment
Question 1 [LAND ISSUES PRINCIPLES, LEGISLATION AND CASE LAW]
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 National Building Regulations and Building
Standards Act 103 of 1977 (the Building Standards Act), specifically section 12,
which empowers local authorities to prohibit the occupation of unsafe or unhealthy
buildings.
In addition, where eviction is required, the Prevention of Illegal Eviction from
and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) also applies. The
PIE Act governs the process and conditions under which unlawful occupiers may
be evicted, even from unsafe or unsuitable structures.
So, both the Building Standards Act and the PIE Act are relevant.
(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? (2)
Under the Building Standards Act, particularly section 12, the local authority (in
this case, the City of Tshwane Metropolitan Municipality) has the authority to
inspect buildings and issue notices to:
Semester 2 2025(693782)
DUE 21 August 2025
Use this document as a guide and for references to answer your assignment
Question 1 [LAND ISSUES PRINCIPLES, LEGISLATION AND CASE LAW]
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 National Building Regulations and Building
Standards Act 103 of 1977 (the Building Standards Act), specifically section 12,
which empowers local authorities to prohibit the occupation of unsafe or unhealthy
buildings.
In addition, where eviction is required, the Prevention of Illegal Eviction from
and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) also applies. The
PIE Act governs the process and conditions under which unlawful occupiers may
be evicted, even from unsafe or unsuitable structures.
So, both the Building Standards Act and the PIE Act are relevant.
(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? (2)
Under the Building Standards Act, particularly section 12, the local authority (in
this case, the City of Tshwane Metropolitan Municipality) has the authority to
inspect buildings and issue notices to:
