LPL4804 MCQ Memo 2023 Version With
Updated 100% Correct
Answers/AGRADE
Question 1
In which court case did the court find the following?
“The
... [Show More] state’s obligation to provide access to adequate housing depends on context, and may
differ from province to province, from city to city, from rural to urban areas and from person
to person. Some may need access to finance; some may need access to services such as
water, sewage, electricity and roads. The rights conferred by section 26(1) are to have
access to the services that the state is obliged to provide in terms of section 26(2). They do
not encompass an entitlement to the ownership of a house, to a particular form of housing or
to the occupation of a specific residential unit.”
a) President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd
2005 (5) SA 3 (CC);
b) Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others 2010
(3) SA 454 (CC);
c) Occupiers of 51 Olivia Road, Berea Township and 197 Main Street Johannesburg v City
of Johannesburg and Others 2008 (3) SA 208 (CC);
d) Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1)
SA 46 (CC).
Answer
d) Government of the Republic of South Africa and Others v Grootboom and Others
2001 (1) SA 46 (CC). (Study guide paragraph 7.2.5.1)
Question 2
Which statute deals with the type of deprivation whereby an owner of land is prevented from
subdividing his or her land unless permission is obtained?
(a) Provision of Land and Assistance Act 126 of 1993;
(b) Subdivision of Agricultural Land Act 70 of 1970;
(c) Restitution of Land Rights Act 22 of 1994;
(d) Extension of Security of Tenure Act 62 of 1997.
Answer
(b) Subdivision of Agricultural Land Act 70 of 1970 (study guide paragraph 3.2.4.1)
Question 3
Negative obligation of the state, in terms of section 26 of the 1996 Constitution means:
(a) The state must guarantee/provide all the necessary infrastructure likely to support those
identified to be in need of housing;
LPL4804 MCQ Memo 2023 Version With
Updated 100% Correct
Answers/AGRADE
(b) The state should ensure those who can afford houses are not discriminated against,
even by private entities such as banks and individuals, from accessing adequate housing;
(c) The state must ensure that no one is rendered homeless through, for example evictions
or natural disasters or by private parties;
(d) The owner should ensure those who can afford houses are not discriminated against
even by private entities such as banks and individual from accessing adequate housing.
Answer
(c) The state must ensure that no one is rendered homeless through, for example
evictions or natural disasters or by private parties (study guide paragraph 7.2.2)
Question 4
Complete the following sentence:
is one of the four remedies or redress that dispossessed
people or communities can use or choose in terms of the Group Areas Act 36 of 1966 upon
successfulness of their land claim.
(a) Expropriation;
(b) Servitude;
(c) Lease;
(d) Return of the land.
Answer
(d) Return of the land (study guide paragraph 5.6.3)
Question 5
Location entails that:
(a) Housing must be in areas that allow easy access to places of work and potential
economic opportunities, schooling, childcare centres, health care services and recreational
facilities. Housing should also be in a safe and healthy environment, for example, it should
not be built on polluted sites;
(b) Housing must be accessible to all. Legislation and policy must especially cover the
housing needs of the homeless, the poor, the elderly, single mothers, people living with
disabilities, people who are mentally ill, people living with HIV/AIDS (including children
orphaned by HIV/AIDS), and other vulnerable groups; 10
(c) Housing must have facilities crucial for health, security, comfort and nutrition. People who
benefit from housing must therefore have access to drinkable water, sanitation, washing
facilities, energy for cooking, heating and lighting, food storage, refuse disposal, drainage
and emergency services;
(d) People must be able to afford housing. They must not be deprived of other basic needs
to pay for their housing. Further, governments must make housing subsidies and finance
available, and protect people from unreasonably high or sudden rent increases.
LPL4804 MCQ Memo 2023 Version With
Updated 100% Correct
Answers/AGRADE
Answer
(a) Housing must be in areas that allow easy access to places of work and potential
economic opportunities, schooling, childcare centres, health care services and
recreational facilities. Housing should also be in a safe and healthy environment, for
example, it should not be built on polluted sites; (study guide table 7.4)
Question 6
The meaning of “the state must take reasonable legislative and other measures, within its
available resources” in terms of section 26(2) is:
(a) The state cannot be found to have violated the right to housing under its Constitution and
courts will not force the state to provide access to adequate housing if it can be proven that
not all people could have been provided with access to adequate housing due to depletion of
funds;
(b) The state can be found to have violated the right to housing under its Constitution and
courts will force the state to provide access to adequate housing, if the state promised to
deliver 1 million housing in 5 years and failed to deliver them;
(c) The state can be found to have violated the right to housing under its Constitution and
courts will force the state to provide access to adequate housing if it can be proven that not
all people could have been provided with access to [Show Less]