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 ( [Show Less]