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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:
QUESTION 1
Identify and name the rights potentially infringed by the bylaw.
The right to housing is enshrined in section 26 of the Constitution, which
states that:
1) Everyone has a right to have access to adequate housing. 2) The state
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