FUR2601/101/3/2022
SECOND COMPULSORY ASSIGNMENT
Question
The City of Cape Town passed a by-law on unlawful land occupation which states that land
occupiers may be fined or imprisoned for up to two years. Under the by-law, City officials are
provided powers of arrest where individuals seek to occupy public land having been informed that
doing so is unlawful. Those convicted of an offence under the by-law are liable to fines or
imprisonment, depending on the offence.
NdivhoYaVhathu, a housing rights activist organisation that promotes the realisation of
constitutional rights and social justice, say that the Act seeks to criminalise the occupation of land
that could result in a fine and/or imprisonment of between six months and two years. They also
believe that the by-law is not consistent with the Constitution and the Prevention of Illegal Eviction
from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). These provisions amount to
the criminalisation of people based on their housing status, homelessness.
Mukovhe Mulaudzi and 100 other residents have been charged with and convicted of breaching
the bylaw after they unlawfully occupied and built shack on a piece of land in Langa. Mr Mulaudzi
states that he and other occupants were on the land because they have been waiting for the
government to provide housing for over 5 years.
In light of the above, answer the questions below:
1. Identify and name the rights potentially infringed by the bylaw. (2)
2. Is the City of Cape Town bound by the Bill of Rights? Give reasons for your answers. (2)
3. Mr Mulaudzi and other residents come to you for advice. They would like to bring a class action
against the state based on the fact that the bylaw infringes on their constitutional rights. Discuss
the most important feature of a class action and the requirements for bringing one before the
court. (3)
4. Is the municipal bylaw a law of general application? Give reasons for your answers (3)
[10]
SECOND COMPULSORY ASSIGNMENT
Question
The City of Cape Town passed a by-law on unlawful land occupation which states that land
occupiers may be fined or imprisoned for up to two years. Under the by-law, City officials are
provided powers of arrest where individuals seek to occupy public land having been informed that
doing so is unlawful. Those convicted of an offence under the by-law are liable to fines or
imprisonment, depending on the offence.
NdivhoYaVhathu, a housing rights activist organisation that promotes the realisation of
constitutional rights and social justice, say that the Act seeks to criminalise the occupation of land
that could result in a fine and/or imprisonment of between six months and two years. They also
believe that the by-law is not consistent with the Constitution and the Prevention of Illegal Eviction
from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). These provisions amount to
the criminalisation of people based on their housing status, homelessness.
Mukovhe Mulaudzi and 100 other residents have been charged with and convicted of breaching
the bylaw after they unlawfully occupied and built shack on a piece of land in Langa. Mr Mulaudzi
states that he and other occupants were on the land because they have been waiting for the
government to provide housing for over 5 years.
In light of the above, answer the questions below:
1. Identify and name the rights potentially infringed by the bylaw. (2)
2. Is the City of Cape Town bound by the Bill of Rights? Give reasons for your answers. (2)
3. Mr Mulaudzi and other residents come to you for advice. They would like to bring a class action
against the state based on the fact that the bylaw infringes on their constitutional rights. Discuss
the most important feature of a class action and the requirements for bringing one before the
court. (3)
4. Is the municipal bylaw a law of general application? Give reasons for your answers (3)
[10]
