Exam (elaborations)
LAH3701 EXAM PACK 2024
- Course
- LAH3701
- Institution
- University Of South Africa
LATEST EXAM PACK QUESTIONS AND ANSWERS AND SUMMARIZED NOTES FOR EXAM PREPARATIONS UPDATED FOR 2024 EXAMS.
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LAH3701EXAM PACK
2024
LATEST EXAM PACK QUESTIONS AND ANSWERS
AND SUMMARIZED NOTES FOR EXAM
PREPARATIONS
UPDATED FOR 2024 EXAMS.
, CONFIDENTIAL
Page 3 of 18
LAH3701
May/June 2020
1. A person or business that arranges the selling, buying, renting or
management of property is known as:
(1) An ombudsman
(2) An attorney
(3) An estate agent
(4) A Mortgagor
2. What constitutes a formal act by the sheriff or deputy sheriff in terms of a
court order (writ of execution) whereby the judgment creditor acquires a
judicial real security right on the attachment object in fulfilment of the
judgment debt?
(1) An attachment
(2) A bond cancellation
(3) A combined summons
(4) An emolument order
3. What is the name of the court case in which the Constitutional Court issued
a declaratory order that required the state to devise and implement a
programme that included measures to provide relief for those desperate
people who had not been catered for by the state?
(1) Government of the Republic of South Africa and Others v Grootboom and
Others 2001 (1) SA 46 (CC)
(2) Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA
531 (CC)
(3) 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)
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, CONFIDENTIAL
Page 4 of 18
LAH3701
May/June 2020
(4) Occupiers of 51 Olivia Road, Berea Township and 197 Main Street
Johannesburg v City of Johannesburg and Others 2008 (3) SA 208 (CC)
4. Indicate the correct option.
Some 26 years into a democratic South Africa, most black people find
themselves on a waiting list for housing. By now, they have become
hopeless since the current government is not adequately addressing their
service delivery concerns. Therefore, about 300 people illegally occupied a
vacant 15-storey building that is dilapidated. It is situated next to the Deputy
President’s home in Sandton within the City of Johannesburg Metropolitan
Municipality. The building has been declared unsafe and unhealthy for
anyone to occupy. The said building is owned by one of the richest men in
South Africa, Mr Isaac Maluti. Which of the following correctly describes the
legal option that is available to the Municipality in these circumstances?
(1) Even though the municipality is worried about the health and safety of the
group of people, it can’t do anything as it does not own the building.
(2) In terms of section 12 of the National Building Regulations and Building
Standards Act 103 of 1977, the municipality may by written notice order
the owner of the building to remove all persons occupying buildings or
structures that are unsafe or unhealthy
(3) As an organ of state, the municipality may not apply for an eviction order
in terms of section 6(1) of the Prevention of illegal eviction from an unlawful
occupation of Land Act 19 of 1998.
(4) The municipality and the occupiers do not have to engage with each other
to find a solution the problem. The court can make the order based on the
inconvenience that the occupiers are causing the Deputy President.
5. In which one of the following cases did the Constitutional Court order the
eviction of the occupiers 14 days after the City was directed to provide those
occupiers who were in need with temporary accommodation?
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, CONFIDENTIAL
Page 5 of 18
LAH3701
May/June 2020
(1) Government of the Republic of South Africa and Others v Grootboom and
Others 2001 (1) SA 46 (CC)
(2) Occupiers of 51 Olivia Road, Berea Township and 197 Main Street
Johannesburg v City of Johannesburg and Others 2008 (3) SA 208 (CC)
(3) Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA
531 (CC)
(4) 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)
6. Which statement does not form part of the housing clause (section 26 of the
Constitution) provisions?
(1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation of this right.
(3) No one may be evicted from their home, or have their home demolished,
without an order of court made after considering all the relevant
circumstances. No legislation may permit arbitrary evictions.
(4) No one may be deprived of property except in terms of law of general
application, and no law may permit arbitrary deprivation of property.
7. A ____________ is a plan which represents the relative positions and
dimensions of two or more pieces of land and is usually signed by a land
surveyor.
(1) general plan
(2) mortgage bond
(3) township register
(4) title deed
8. What is the name of the court case in which 400 occupiers had to be evicted
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