Exam (elaborations)
FUR2601 Assignment 2 Semester 2 2022
- Course
- Institution
This document contains solutions for FUR2601 Assignment 2 Semester 2 2022. Buy now and boost your year mark. For further details, :
[Show more]
Seller
Follow
GetItRight
Reviews received
Content preview
FUR2601ASSESSMENT 2 SEMESTER 2 – 2022
UNIQUE NO: NA
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)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GetItRight. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.95. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77764 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now