UNIVERSITY EXAMINATIONS

Oct/Nov 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 15 October 2024, BEFORE 16h15 (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 12h30 and 13h15 (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.
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7.1 When ready to submit, open the Take-Home (Assignment) assessment again and click on the
Add Submission button.

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
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correct document to upload during submission.

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
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double line spacing after the paragraph.

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
[email protected] 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 reflected below and answer the questions
that follow.

The 1991 White Paper on Land Reform saw the land issue as a critical aspect of the reform
agenda. Its points of departure were to broaden access to land rights for the whole population,
to upgrade the quality and security of title, and to promote the use of land as a national asset.

1.1 Name the four pieces of legislation specifically promulgated in line with the 1991 White
Paper on Land Reform proposals to address the effects of apartheid land law prior to
1994, and provide a brief description of the main objectives and targets of each
legislation. (12)
1.2 Briefly explain the meaning of “property” for purposes of section 25 of the constitution,
and with reference to the case of First National Bank of SA Limited t/a Wesbank v
Commissioner for the South African Revenue Services and Another; First National Bank
of SA Limited t/a Wesbank v Minister of Finance (2002 (4) SA 768 (CC). (10)
1.3 Provide a brief description of the core differences between “deprivation” and
“expropriation” as used in section 25 of the Constitution (10)
1.4 List the three components of Land redistribution. (3)

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QUESTION 2

2.1 Consider the following paragraph and answer the questions that follow:

In 1961, South Africa severed its colonial ties with England and became a republic. Its
aim was to cement even further the principles and practices of apartheid. Where, for
example, “black areas” were close to “white areas”, townships would be established to
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provide housing for black people working in the so called “white towns”. This took place
in terms of several proclamations, many of which were re-enacted in Proclamation R293
of 1962 (Regulations for the Administration and Control of Townships in Black Areas in
terms of the Black Administration Act 38 of 1927). This proclamation, which was later
taken over by the “homeland” legislatures and applied outside the homelands, contained
detailed provisions for the establishment, management and regulation of informal
townships and for the establishment of local government. It would later become part and
parcel of the law of the so-called self-governing territories and the independent
homelands.

2.1.1 With reference to the paragraph above and in not more than ten sentences, briefly
outline the history and development of the “self-governing states” and “independent
states”. (10)
2.1.2 With reference to the paragraph above and in not more than ten sentences, briefly
outline the history and development of the “Black townships” and/or “Locations”. (10)
2.1.3 Explain in your own words how Legislation such as the Group Areas Act 41 of
1950 impacted on the occupation of land in South Africa. (5)

2.2 Explain the difference between Share-block schemes and Time-sharing schemes in
South Africa. (10)
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QUESTION 3

3.1 What are the specific roles and responsibilities of the three spheres of government in
terms of the Housing Act 107 of 1997? (12)
3.2 Indicate the problem that necessitated the passing of the Housing Amendment Act 4 of
2001 (1)
3.3 Which two sections of the Housing Amendment Act are important for purposes of
addressing the problem identified in question in 3.2 above? (2)
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QUESTION 4

4.1 Poor Soul is a registered final year law student at the University of South Africa (UNISA).
In January 2004, Poor Soul entered into a rental agreement with the landlord named
Despicable Me. During August of 2024, Despicable Me had, without reason,
disconnected the electricity supply to the rental unit occupied and leased by Poor Soul.
Poor Soul wants advice on how to deal with the ensuing rental dispute between him and
the landlord.

Based on the above factual scenario, you are required to:

(a) Fully explain the functions of the Rental Housing Information Office (RHIO) to Poor
Soul. (10)
(b) Describe the status quo relating to the availability of Rental Housing Information
Offices (RHIO) at municipalities. (2)
4.2 Briefly describe the actions normally followed by the Rental Housing Tribunal (RHT) upon
receipt of an unfair practice complaint (2)
4,3 Which Legislation regulates the rental housing market in South Africa? (1)
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TOTAL: 100

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UNISA 2024