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

This paper consists of 10 pages.

Please find below the QR Access code which you must scan immediately when the assessment
formally commences.

Please note that the QR Access code is only scannable for a limited time and it should therefore
be scanned as soon as possible to start the invigilation.
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PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE

EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of FOUR (4) number of questions. Answer ALL of the questions.

3. The duration of the examination on the timetable is THREE (3) hours.

4. In addition to the duration of the examination indicated on the timetable, you are given 30
minutes to FINALISE the uploading of your exam file. Your exam file must be uploaded via
the myExams platform on 17 May 2024 BEFORE 11h30 (South African Standard Time).

5. This a closed-book examination. While the examination is in progress, you are not allowed to
consult another person or any source in order to assist you to answer any of the questions
contained in this question paper. While the examination is in progress, you may not assist
another student in answering any of the questions contained in this question paper.

6. This examination is proctored via the Invigilator App. You are required to activate (or log in to)
the Invigilator app between 7h45 and 8h30 (South African Standard Time).

6.1 Please note: If a student is found to have been outside the invigilator app for a total of 10
minutes during their examination session, they will be considered to have violated Unisa's
examination rules and their marks will be withheld.

6.2 You only have 10 minutes after the scheduled (timetabled) exam time to submit your
script on the Invigilator App.

6.3 You will have 48 hours from the date of their examination to upload their invigilator results
from the Invigilator App. Failure to do so will result in students deemed not to have utilised the
invigilation or proctoring tools.

7. The uploading of your exam file on the myExams platform must be finalised within 30 minutes
of the scheduled (timetabled) end of the exam.

7.1 When ready to submit, open the Take-Home (Assignment) assessment again and click on the
Add Submission button.
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7.2. Note the file requirements such as:

a. File size limit.
b. Number of files that can be submitted.
c. File formats allowed.

7.3. Check the acknowledgment checkbox and upload your answers document and then click on the
Save changes button.

7.4. Review your submission information regarding the status and click on your submission file link
to check if it's correct.

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7.5. If you need to resubmit a file, you can click on the Edit Submission button. Do not click on the
Remove submission button. Note: You will need to delete any existing files by clicking on the
file and then on delete.

7.6 Use proper PDF conversion software to create the final file for upload. Free PDF conversion
software is available on the Internet.

7.7 Add your student number and the module code in the file name. That will assist you to select the
correct document to upload during submission.
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7.8 You are advised to preview your submission (answer script) to ensure legibility and that the
correct answer script file has been uploaded.

8. The cover page for your take-home exam must include your name, student number and the
module code.

9. It is preferred that your take-home exam is typed. However, handwritten submissions will also
be accepted. If the take-home exam is typed, the maximum length is 10 pages (which includes
the cover page and the bibliography). If the take-home exam is handwritten, the maximum
length is 15 pages (which includes the cover page and the bibliography).

10. Whether your answers are typed or handwritten, your submission on the myExams platform on
Moodle must be made in the form of one PDF document. Only the last file uploaded and
submitted will be marked.

10.1 The exam answer file that you submit must not be password protected or uploaded as a “read
only” file.

10.2 Your examination answer file will not be marked if:

10.2.1 you send your examination answer file via email.

10.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
10.2.3 you submit your exam answer file on an unofficial examination.
10.2.4 you submit your examination answer file in the incorrect file format.
10.2.5 you submit a password-protected document.
10.2.6 you submit your examination answer file late.
10.2.7 you submit your answer file from a registered student account that is not your own.

10.3 The mark awarded for an illegible examination answer file submission will be your final mark.
You will not be allowed to resubmit after the scheduled closing date and time of the exam.

10.4 Listening to audio (music) and utilising audio-to-text software has been strictly prohibited during
your examination session, unless use of the software is related to a student’s assistive device
which has been declared. Listening to music, utilising such software and/or failing to declare the
software is a transgression of Unisa’s examination rules and the student's marks will be
withheld.

11. If your answers are typed, ensure that the following requirements are adhered to. Items 11.3-
11.6 applies to written assignments as well.

11.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and
double line spacing after the paragraph.
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11.2 The text must be justified.

11.3 All of the pages must be numbered in the right-hand corner at the bottom of the page.

11.4 All margins must be 2.5cm, but the left margin must be 3cm.

11.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.

11.6 Do not use abbreviations or SMS language.

11.7 All quotes that are two lines long (or less), must form part of the main text, be written in italics,
and be bracketed by quotation marks. Where a quotation is longer than two lines, it must be
typed in a separate paragraph in italics in size 11 font and must be indented by 1 cm. No
quotation marks are required when the quotations stand alone. Use quotations very sparingly. In
this take-home exam, a maximum of 5% of the text may be quoted.

12. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY
OTHER SOURCE).

13. The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. Use the time given wisely.

13.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL of
the relevant authorities, e.g. sections from relevant legislation and/or court cases in the text or in
your footnotes.

13.2 You are required to have read and summarised the prescribed cases yourself. The summaries
in the Study Guide are not sufficient for this exam. When using case law to support your answer,
please include complete references to the relevant cases in your footnotes. This means that you
must not only include the name of the case but also the exact page and section and/or
paragraph where the information can be found. The same applies to articles and books used.

13.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area of
work where the answer must be sought. Once you have done this, set out the relevant legal
principles. Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out the law in
some detail, but then do not illustrate how it applies to the factual situation they have been
asked to solve. Finally, state your conclusion.

14. You must complete the online declaration of own work when submitting.
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14.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are both
available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-
Unisa/Student-values-and-rules.

14.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with any other person or request
assistance from any other person during their examinations. The use of Telegram, WhatsApp or
any other instant messaging services with any other person (except when asking for technical
assistance via official channels of the SCSC or the Invigilator WhatsApp line) are strictly
prohibited. Plagiarism is a violation of academic integrity and students who plagiarise, copy from
published works or use Artificial Intelligence Software (eg ChatGPT) or online sources (eg
course material) will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to a disciplinary hearing. Unisa has a zero tolerance for
plagiarism and/or any other forms of academic dishonesty.

14.3 Unless a student is exempted because of disability or incarceration, students who have not
utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s examination
rules and will have their marks withheld.

PLEASE NOTE:

If you experience challenges with the Invigilator app, please send a WhatsApp message to the
technical helpdesk on 073 505 8273. Do not contact the lecturers.

For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact numbers.

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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)
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.
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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, starting with
the early pre-colonial inhabitants and ending with the pre-constitutional period, in other
words, before 1994.

2.1.1 In five sentences, briefly describe and trace the path of historical land use by
Southern Africa’s indigenous inhabitants. (5)
2.1.2 How did the Dutch settlers’ first encounter with the Xhosa impact the border
presentation in the region of both the Great Fish River and the Sundays River? (10)
2.1.3 Explain in your own words how land was divided in South Africa during the colonial
and Apartheid era. (5)

2.2 Explain the difference between negative and positive obligations of the state and third
parties in complying with constitutional rights and provide an example of each. (10)
[30]

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QUESTION 3

3.1 X purchased a farm from the government in 1970 after it had been taken away from its
owner, a black community, in terms of the Group Areas Act 36 of 1966. X obtained a loan
at a very favourable interest rate. However, the land is lying fallow. The community
claims back the farm in terms of the Restitution of Land Rights Act 22 of 1994. The claim
is successful.
What compensation should X receive on expropriation? (12)
3.2 Briefly distinguish between a real right and a personal right. (2)
3.3 What is meant by the concept of “ownership”? (1)
[15]

QUESTION 4

4.1 Mo Trouble is the executor in the deceased estate of Mo Money. The deceased estate
consists of an expensive furniture range, a double storey house in a Midrand suburb and
a four roomed RDP house in Mshenguville. The liabilities of the estate exceed its assets
by an amount of R50 000. Mo Trouble wants to sell the four roomed RDP house out of
the estate for the sole purpose of using the proceeds thereof to settle the debts of the
estate.

Based on the above factual scenario, you are required to (a) determine whether the sale
of the proposed sale of the house by Mo Trouble is valid in terms of the law and
(b) name the Statute and the relevant section governing the above scenario (10)
4.2 Describe the legal nature of a land servitude (5)
[15]
TOTAL: 100

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UNISA 2024