During December 2021, about 300 people illegally occupied a vacant 15-storey building that is dilapidated. It is situated next to

During December 2021, about 300 people illegally occupied a vacant 15-storey building that is dilapidated. It is situated next to

Question:

During December 2021, about 300 people illegally occupied a vacant 15-storey building that is dilapidated. It is situated next to the Deputy President’s home in Arcardia within the City of Tshwane Metropolitan Municipality. The building has been declared unsafe and unhealthy for anyone to occupy. The said building is owned by one of the richest persons in South Africa, Mr Imani Maningi. He wants to evict these people with immediate effect. The municipality is worried about their health and safety. Against this background, answer the following questions:

(1) Which legislation is applicable to the eviction of people from buildings that are unsafe or unhealthy? (1)

(2) Under the legislation mentioned in question (a), who has the authority to ensure that all buildings that are unsafe or unhealthy are altered or renovated to render them safe or healthy for human habitation? (1)

(3) If the City of Tshwane wants to assist the owner in evicting the illegal occupiers for their own safety or health, and ensuring that alternative accommodation is arranged for them, there are five guidelines the City of Tshwane has to follow. List them. (5)

(4) Mention at least one decided court case that deals with a similar set of facts. (1)

 (5) With reference to your answer in question (4), what was the decision of the court in relation to the possible eviction of people occupying unsafe or unhealthy buildings?

Expert Answer:

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1 The legislation applicable to the eviction of people from buildings that are unsafe or unhealthy i
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