LAH3701
EXAM PACK
MAY\JUNE 2022
Question 1
1.1 Group Areas Acts 41 of 1950 and 36 of 1966
The first Group Areas Act, the Group Areas Act of 1950, was enacted over the
course of several years beginning on July 7, 1950. Group After the 1948 general
election, D.F. Malan's administration instituted apartheid in South Africa in an effort
to segregate the races. The government planned to do this by "separate
development" of the races, which necessitated the passage of legislation ensuring a
differentiation along social, economic, political, and in the case of the Group Areas
Act, geographical lines. The Areas Act was the name of three legislation passed by
the South African Parliament under the apartheid regime. In a system of urban
apartheid, the legislation designated various racial groups to different residential and
commercial sectors in metropolitan regions. The ordinance had the effect of
excluding people of color from the most developed regions, which were confined to
Whites (Sea Point, Claremont). It was necessary for many persons of color to
commute long distances to their jobs. The law resulted to the forced removal of
persons of color from "wrong" neighborhoods. The majority of people of color were
allotted far smaller living areas (e.g., Tongaat, Grassy Park) than the white minority,
who controlled the majority of the land. To access 'white' areas of the country, the
Pass Laws compelled persons of color to carry pass books and later'reference
books' comparable to passports.
1.2 how the Restitution of Land Rights Act 22 of 1994 addressed the
consequences of the Group Areas Acts
, In 1994, the Restitution of Land Rights Act (No. 22 of 1994) was approved amid
thunderous acclaim. Its purpose was to assist those who had lost their land due to
racially discriminatory actions, such as forced removals. This includes those who
were exiled to Bantustans and placed under the authority of traditional authorities.
Under the provisions of Section 4 of the Restitution Act and Section 123 of the
Interim Constitution, the Land Claims Commission and the Land Claims Court were
founded in 1995. While the objective of the Land Claim Commission is to deal with
the administration of land claims, compensation of the current owners, and restitution
to the claimants, the Land Claims Court specializes in resolving disputes that cannot
be resolved by the Land Claim Commission and that arise from the laws underlying
South Africa's land reform initiative. Consequently, the Land Claim Commission
examines all land claims, finds those that qualify under the Constitution and the
Restitution Act, and seeks to resolve these claims through administrative or
mediation procedures.
1.3 a land servitude
A servitude is a restricted real property claim over real property. This right is
registrable and permits the holder of the servitude to exercise certain rights over the
property of another. Personal servitudes, praedial servitudes, and public servitudes
are the three most prevalent property servitudes.
Personal Servitudes
The registration of a personal servitude against immovable property in favor of a
person or legal body. Therefore, the true right is to the holder of the servitude, and
not to the land itself. Use, usufruct, and residence are the most prevalent forms of
personal slavery (the right of occupancy). As a general rule, a personal servitude is
constituted by a notarial deed, which is subsequently recorded with the Deeds
Office.
Praedial Servitudes
The registration of a praedial servitude against immovable property in favor of other
immovable property. Therefore, the true right belongs to the land itself and not to a
person. In this case, there will be a subservient and a dominating tenement. The
servient tenement is the land that bears the burden of servitude, whereas the
EXAM PACK
MAY\JUNE 2022
Question 1
1.1 Group Areas Acts 41 of 1950 and 36 of 1966
The first Group Areas Act, the Group Areas Act of 1950, was enacted over the
course of several years beginning on July 7, 1950. Group After the 1948 general
election, D.F. Malan's administration instituted apartheid in South Africa in an effort
to segregate the races. The government planned to do this by "separate
development" of the races, which necessitated the passage of legislation ensuring a
differentiation along social, economic, political, and in the case of the Group Areas
Act, geographical lines. The Areas Act was the name of three legislation passed by
the South African Parliament under the apartheid regime. In a system of urban
apartheid, the legislation designated various racial groups to different residential and
commercial sectors in metropolitan regions. The ordinance had the effect of
excluding people of color from the most developed regions, which were confined to
Whites (Sea Point, Claremont). It was necessary for many persons of color to
commute long distances to their jobs. The law resulted to the forced removal of
persons of color from "wrong" neighborhoods. The majority of people of color were
allotted far smaller living areas (e.g., Tongaat, Grassy Park) than the white minority,
who controlled the majority of the land. To access 'white' areas of the country, the
Pass Laws compelled persons of color to carry pass books and later'reference
books' comparable to passports.
1.2 how the Restitution of Land Rights Act 22 of 1994 addressed the
consequences of the Group Areas Acts
, In 1994, the Restitution of Land Rights Act (No. 22 of 1994) was approved amid
thunderous acclaim. Its purpose was to assist those who had lost their land due to
racially discriminatory actions, such as forced removals. This includes those who
were exiled to Bantustans and placed under the authority of traditional authorities.
Under the provisions of Section 4 of the Restitution Act and Section 123 of the
Interim Constitution, the Land Claims Commission and the Land Claims Court were
founded in 1995. While the objective of the Land Claim Commission is to deal with
the administration of land claims, compensation of the current owners, and restitution
to the claimants, the Land Claims Court specializes in resolving disputes that cannot
be resolved by the Land Claim Commission and that arise from the laws underlying
South Africa's land reform initiative. Consequently, the Land Claim Commission
examines all land claims, finds those that qualify under the Constitution and the
Restitution Act, and seeks to resolve these claims through administrative or
mediation procedures.
1.3 a land servitude
A servitude is a restricted real property claim over real property. This right is
registrable and permits the holder of the servitude to exercise certain rights over the
property of another. Personal servitudes, praedial servitudes, and public servitudes
are the three most prevalent property servitudes.
Personal Servitudes
The registration of a personal servitude against immovable property in favor of a
person or legal body. Therefore, the true right is to the holder of the servitude, and
not to the land itself. Use, usufruct, and residence are the most prevalent forms of
personal slavery (the right of occupancy). As a general rule, a personal servitude is
constituted by a notarial deed, which is subsequently recorded with the Deeds
Office.
Praedial Servitudes
The registration of a praedial servitude against immovable property in favor of other
immovable property. Therefore, the true right belongs to the land itself and not to a
person. In this case, there will be a subservient and a dominating tenement. The
servient tenement is the land that bears the burden of servitude, whereas the
