Law of Property Study Guide

Faculty of Law

Law of Property 2011

SAK0000

Course Law of Property

Lecturer Dr Elmien du PlessisOffice A Ring 707Consulting hours Monday 15:00 – 17:00 (before the English lecture)

Thursday 11:15 – 13:15 (after the Afrikaans lecture)Any other time by appointment

Telephone 011 559 2609E-mail [email protected] English: Monday 17:20 - 19:25 D1 LAB K008

Afrikaans: Thursday 9:20 – 11:05 CL 310Tests1. Monday 16 May (might move to an earlier date)2. Friday 10 June3. Monday 22 August4. Monday 26 SeptemberTimes and venues for tests will be communicated to you in class.

Deferred testsSee the rules applicable to deferred tests in Annexure A

EssayThe details of the compulsory essay will be handed out in class. The essay must be submitted electronically (via Edulink) by 17 July 2011.

Prescribed bookVan der Walt & Pienaar Introduction to the law of property 6th ed

RecommendedVan der Walt & Pienaar Law of Property Casebook for Students 7th ed

How to pass Property Law:It is your responsibility to study by yourself. As a lecturer, I am not “the sage on the stage, but the guide by your side”. By using this learning guide as a map, I will guide you through the prescribed work. That being said, you still need to do a few things to pass, and they are:

1. Attend all the classes.2. Study the prescribed material, with specific focus on the prescribed cases.3. Write the four semester tests. Each test will count 25% of the (November) semester

mark. 4. Write the essay and hand it in on time. The essay will count 25% of your (November)

semester mark.5. The best 3 marks of your tests will be used at the end of the year, together with your

essay mark. THE ESSAY IS COMPULSARY, and will count 25% of your (November) semester mark.

6. Your semester mark will count 60% of your final mark.7. You need 40%+ semester mark to write the exam.8. The exam will count 40% of your final mark.

a. You must have 50%+ to pass. b. 45% will give you a re-examination.c. 44% and less means that we meet each other again next year.

How to do well in Property law:So, you are not just happy to pass? You can do well mostly by answering your questions correctly in the test and the exams. You might ask, how do you do that? Below is a guide on “how to be a good test writer”.Answering a question correctly mostly depends on you reading and understanding the question well. You will only understand what the question is about, if you know your work well. That being said, here are a few “pointers”:

Motivate Questions that require you to motivate your answer, simply expect you to explain your view, ie, give me an informed opinion.

Problem-question / Problem-type question

Problem questions usually involve a set of facts, where you need to apply your legal knowledge to a simulated real-life situation to arrive at an answer. If you get a problem question, there are usually hints in the question itself that will show you what is expected from you in the answer. For example, similar facts or a wording similar to those in prescribed cases. I expect you to answer problem questions in the following way:

INTRODUCTION – identify the problem, what am I asking you to explain to me?

BODY – present the relevant legal position to me – discuss the legislation or customary law rule or cases in a logical manner. This is done by writing in full sentences and in paragraphs.

CONCLUSION – this is where you answer the question that you identified in the introduction, by applying the relevant law discussed in the body.

Multiple choice These are short questions. You must choose which phrase is correct. This means that you must read your question and the phrases carefully, because sometimes the difference between right and wrong is only a prefix or a suffix.

Define These are straightforward questions that do not require any discussion or insight. You only need to define; you need not show me everything that you know on the topic. The marks allocation will give you an indication of how much I want you

to write. These types of questions are usually one mark for every element / requirement / description.

Compare Again, the question should give you a hint of what needs to be compared. This means, comparing similarities as well as differences. If A and B must be compared, don’t write everything you know about A and then everything that you know about B. Focus on the similarities and differences, and discuss them according to those themes.

Give your own opinion Jip, I do want to know what you think. This, however, is not a conversation in a pub or on Radio 702. This is an academic “give your own opinion”, which means, that you must show that you know the academic debates going on around the subject. When you “give your own opinion”, therefore, you will first explain the controversy (ie why is it an issue), and then discuss critically the opinions of other authors, before concluding with your opinion (which will usually be: I agree / disagree with author A because...)

MODULE OUTLINE:INTRODUCTION TO LAW OF PROPERTY1. Scope, sources and terminology2. Concepts and classification3. Real rights

OWNERSHIP4. Ownership & co-ownership5. Statutory land use6. Limitation on ownership7. Original acquisition of ownership8. Derivative acquisition of ownership9. Protection of ownership

POSSESSION AND HOLDERSHIP10. Introduction to possession and holdership11. Acquisition of possession and holdership12. Protection of possession and holdership13. Termination of possession and holdership

LIMTED REAL RIGHTS AND OTHER RIGHTS IN PROPERTY14. Servitudes15. Restrictive conditions16. Real security17. Real security created by law18. Other property rights

CONSTITUTIONAL PROPERTY LAW19. Constitutional property law20. Reform of property law

INTRODUCTION TO LAW OF PROPERTY

MODULE 1: SCOPE, SOURCES AND TERMINOLOGYOUTCOME: The basic concepts and classification of things will be explained.

STUDY: Van der Walt & Pienaar chapter 1; Casebook pp. xviii – xxvii and case 1: Pearly Beach Trust v Registrar of Deeds 1990 4 SA 614 (C) with regard to the structure of a case report.

ASSESSMENT CRITERIA: After studying this module learners are able to: Explain where the law of property fits into the legal system Explain where property rules come from Discuss the scope and content of the law of property Be familiar with the terminology in the law of property

MODULE 2: CONCEPT AND CLASSIFICATION OF THINGSOUTCOME: The characteristics and classification of things as legal objects are discussed and

demonstrated.

STUDY: Van der Walt & Pienaar chapter 2; Casebook 17 Senekal v Roodt 1983 2 SA 602 (T)Casebook 18 Khan v Minister of Law and Order 1991 3 SA 439 (T)

ASSESSMENT CRITERIA: After studying this module learners are able to: Define a thing as a legal object Distinguish between corporeal and incorporeal things and give examples of each Distinguish between negotiable and non-negotiable things Distinguish between singular and composite things Distinguish between movable and immovable things Distinguish between fungible and non-fungible things Distinguish between consumable and non-consumable things Distinguish between things, accessory things, auxiliary things and fruits and be able to

identify these in a practical example

MODULE 3: REAL RIGHTSOUTCOME: Real rights will be explained.

STUDY: Van der Walt & Pienaar chapter 3; Casebook 1 Pearly Beach Trust v Registrar of Deeds 1990 4 SA 614 (C)

Casebook 2 Ex parte Geldenhuys 1926 OPD 155 Casebook 3 Lorentz v Melle 1978 3 SA 1044 (T) Casebook 4 Cape Explosive Works Ltd v Denel (Pty) Ltd 2001 3 SA 569 (SCA)Casebook 62E S 63 of the Deeds Registreis Act 47 of 1937

Distinguish between ownership and limited real rights Briefly explain different theoretical approaches in order to distinguish between real and

personal rights Explain the importance of distinguishing between real and personal rights Explain, apply and criticise in detail the approach used by the South African courts to

distinguish between real and personal rights Discuss and apply all prescribed case law Critically apply different approaches (of cases and authors as explained in class)

OWNERSHIPMODULE 4: OWNERSHIP & CO-OWNERSHIPOUTCOME: A basic introduction to the principles of ownership and co-ownership is

discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 4 & 5Casebook 5 Gien v Gien 1979 2 SA 1113 (T)Casebook 6 Allaclas Investments (Pty) Ltd and Another v Milnerton Golf Club and Others 2008 3 SA 134 (SCA)Casebook 56 President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd (Agri SA and Others, Amici Curiae) 2005 5 SA 3 (CC)

ASSESSMENT CRITERIA: After studying this module learners are able to: Explain why it is difficult to give a definition of ownership Discuss the common law concept of ownership according to its characteristics and the

entitlements of owners Discuss the limitations and social context of ownership with reference to examples and

case law Discuss the content and entitlements of ownership Distinguish between individual title and co-ownership Discuss the principles of individual title Distinguish between common law co-ownership and statutory co-ownership Distinguish between free and bound co-ownership Discuss and apply the principles of free co-ownership Discuss and apply the principles of bound co-ownership Discuss and apply the principles relating to the undivided co-ownership share Discuss and apply the principles relating to the commonly owned property Discuss and apply the remedies available to co-owners

MODULE 5: STATUTORY LAND USEOUTCOME: Forms of title, other than ownership and co-ownership, are discussed and

demonstrated.

STUDY: Van der Walt & Pienaar chapter 6

ASSESSMENT CRITERIA: After studying this module learners are able to: Discuss and apply the principles of sectional ownership

Discuss and apply the principles of share block schemes Discuss and apply the principles of time-sharing schemes Discuss and apply the principles of retirement schemes

MODULE 6: LIMITATIONS ON OWNERSHIPOUTCOME: Limitations on ownership are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 7Casebook 5 Gien v Gien 1979 2 SA 1113 (T)Casebook 7 Laskey and Another v Showzoen CC and Others 2007 (2) SA 48 (C)Casebook 8 Malherbe v Ceres Municipality 1951 4 SA 510 (A)

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish between limitations on ownership brought about by constitutional law,

private law and public law Distinguish between “nuisance in the narrow sense” and “nuisance in the wide sense Discuss and apply the principles of nuisance in order to determine whether a nuisance

exists in a factual situation Discuss and apply the principles of encroachment Discuss and apply the principles of lateral support Briefly discuss and apply the principles applicable to party walls and fences, surface

water and elimination of dangers Explain the purpose of planning law Explain the structure of planning law Explain the scope of planning law Distinguish between land use planning and land use management Discuss the principles of zoning Discuss the principles of land use management Explain how planning measures are enforced Discuss and apply all prescribed case law

MODULE 7: ORIGINAL ACQUISITION OF OWNERSHIPOUTCOME: Original acquisition of ownership is discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 8 Casebook 11 Reck v Mills en ‘n Ander 1990 1 SA 751 (A) Casebook 12 Gore NO v Parvatas (Pty) Ltd 1992 3 SA 363 (C)

Casebook 14 Theatre Investmensts (Pty) Ltd v Butcher Brothers Ltd 1978 3 SA 682 (A)Casebook 15 Melcorp SA (Pty) Ltd v Joint Municipal Pension Fund (Transvaal) 1980 2 SA 214 (W)Casebook 16 Konstanz Properties (Pty) Ltd v WM Spilhaus en Kie (WP) Bpk 1996 3 SA 273 (A)Casebook 60E S 2 Prescription Act 18 of 1943Casebook 61E S 1-9 Prescription Act 68 of 1969

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish between original and derivative acquisition of ownership Discuss occupatio as a method of original acquisition of ownership and apply the

principles of occupatio to solve problem questions Discuss and apply the principles applicable to the accession of movable property to

other movable property Discuss and apply the principles of planting and sowing Discuss and apply the principles of inaedificatio in order to determine whether accessio

took place in a factual situation Briefly discuss the principles of accession of immovable property to immovable

property Discuss and apply the principles of acquisition of fruits Discuss and apply the principles of specificaio Discuss and apply the principles of confusio et commixtio Discuss and apply the principles of acquisitive prescription Compare the requirements of the Prescription Act 68 of 1969 and the Prescription Act

18 of 1943 and apply the provisions of both these acts to solve problem questions Explain the requirement of possession for acquisitive prescription Discuss and apply interruption and suspension in the context of acquisitive prescription Briefly discuss expropriation as a form of original acquisition of ownership Discuss and apply all prescribed case law

MODULE 8: DERIVATIVE ACQUISITION OF OWNERSHIPOUTCOME: The principles of derivative acquisition of ownership are discussed and

demonstrated.

STUDY: Van der Walt & Pienaar chapter 9Casebook 19 Allan & David (Pty) Ltd v Ingram NO 1989 3 SA 333 (C)Casebook 21 Groenewald v Van der Merwe 1917 AD 233

Casebook 23 Barclays Western Bank Ltd v Ernst 1988 1 SA 243 (A)Casebook 25 Concor Construction (Cape) (Pty) Ltd v Santambank Ltd 1993 3 SA 930 (A)Casebook 30 Du Plessis v Prophitius and Another [2009] ZASCA 79Casebook 62E S 63 of the Deeds Registreis Act 47 of 1937

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish passing of ownership from transfer of ownership Explain the nemo plus iuris maxim Explain what derivative acquisition of ownership is Distinguish between the causal and abstract systems of transfer of ownership Explain which of the abovementioned systems of transfer of ownership is applied in

South Africa Discuss and apply the requirements for a valid transfer of ownership according to the

derivative method Discuss and define the real agreement Explain the rules for the sale of movables and transfer of ownership in case of cash or

credit transaction Explain how the objective physical element of the transfer of ownership differs in case

of movables and immovable property Distinguish between actual and constructive delivery Discuss and apply the principles of clavium traditio Discuss and apply the principles of traditio longa manu Discuss and apply the principles of constitutum possessorium Discuss and apply the principles of traditio brevi manu Discuss and apply the principles of attornment Explain publicity and certainty as objectives of the registration system Explain the effect of registration Distinguish between a negative and positive registration system, discuss the

consequences of each and explain which system is applied in South Africa Discuss and apply all prescribed case law.

MODULE 9: PROTECTION OF OWNERSHIPOUTCOME: The principles of protection of ownership are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 10Casebook 27 Chetty v Naido 1974 3 SA 13 (A)

Casebook 28 Quenty’s Motors (Pty) Ltd v Standard Credit Corporation Ltd 1994 3 SA 188 (A)Casebook 31 Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC)Casebook 32 Concor Holdins (Pty) Ltd t/a Concor Technicrete v Potgieter 2004 6 SA 491 (SCA)Casebook 33 Clifford v Farinha 1988 4 SA 315 (W)

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish between real remedies, delictual remedies and remedies based on

unjustified enrichment Discuss and apply the principles of the rei vindicatio Discuss and apply the requirements for the rei vindicatio Discuss and apply the defences against the rei vindicatio Discuss and apply statutory limitations against the rei vindicatio Briefly discuss the requirements of estoppel Briefly discuss the principles of the actio negatoria Briefly discuss the principles of the condictio furtive Briefly discuss the principles of the actio as exhibendum Briefly discuss the principles of the actio legis aquilliae Briefly discuss the principles of unjustified enrichment Compare the abovementioned remedies and be able to choose the correct remedy in a

factual situation Discuss and apply all prescribed case law

POSSESSION AND HOLDERSHIPMODULE 10: INTRODUCTION POSSESSION AND HOLDERSHIPOUTCOME: The principles of possession are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 12

ASSESSMENT CRITERIA: After studying this module learners are able to: Explain the nature of possessory rights Explain whether possession and holdership of all kinds of property is possible Explain how control is established over corporeal things Determine whether control is lawful or unlawful Draw a distinction between ownership, possession and holdership

MODULE 11: ACQUISTION OF POSSESSION AND HOLDERSHIPOUTCOME: The principles of acquisition of possession are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 13Casebook 11 Reck v Mills en ‘n ander 1990 1 SA 751 (A)

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish between the ius possidendi and the ius possessionis Discuss the elements of possession Apply the principles applicable to the elements of possession to determine whether a

person legally has possession Explain the nature of possessory rights Distinguish between the ius possidendi and the ius possessionis Discuss the elements of possession Apply the principles applicable to the elements of possession to determine whether a

person legally has possession

MODULE 12: PROTECTION OF POSSESSION AND HOLDERSHIPOUTCOME: The protection of possession and holdership are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 14Casebook 34 Setlogelo v Setlogelo 1914 AD 221Casebook 35 Candid Electronics (Pty) Ltd v Merchandise Buying Syndicate (Pty) Ltd 1992 2 SA 459 (C)Casebook 36 Nino Bonino v De Lange 1906 TS 120

Casebook 37 Yeko v Qana 1973 4 SA 735 (A)Casebook 38 Telkom SA Ltd v Xsinet (Pty) Ltd 2003 5 SA 309 (SCA)Casebook 39 First Rand Ltd t/a Rand Merchant Bank v Scholtz NO 2007 1 All SA 436 (SCA)Casebook 40 ATM Solutions (Pty) Ltd v Olkru Handerlaars CC and Another 2009 4 SA 337 (SCA)Casebook 41 Tswelopele Non-Profit Organisation and 23 Others v City of Tshwane Metropolitan Municipality and Others 2007 6 SA 511 (SCA)

ASSESSMENT CRITERIA: After studying this module learners are able to: Explain why it is necessary to protect possession Explain the nature of possessory rightS Distinguish between the ius possidendi and the ius possessionis Discuss the elements of possession Apply the principles applicable to the elements of possession to determine whether a

person legally has possession Discuss and apply the mandament van spolie in detail Explain the requirements for the mandament van spolie Discuss and apply the application of the mandament van spolie to incorporeal things Discuss and apply the defences available against the mandament van spolie Discuss and apply the principles of the possessory action Discuss and apply the principles of an interdict Discuss and apply the principles of a delictual remedy Discuss and apply all prescribed case law

MODULE 13: TERMINATION OF POSSESSION AND HOLDERSHIPOUTCOME: The termination of possession and holdership are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 15;

ASSESSMENT CRITERIA: After studying this module learners are able to: Indicate the various ways in which possession are terminated Discuss the consequences of termination of possession

LIMITED REAL RIGHTS AND OTHER RIGHTS IN PROPERTYMODULE 14: SERVITUDES OUTCOME: Servitudes as limited real rights are explained and demonstrated.

STUDY: Van der Walt & Pienaar chapter 16 & 17.1 – 17.8Casebook 43 Cowley and Another v Hahn 1987 1 SA 440 (EC)Casebook 44 Brink v Van Niekerk en ‘n Ander 1986 3 SA 428 (T)Casebook 45 Grant and another v Stonestreet and others 1968 4 SA 1 (A)Casebook 46 Linvestment CC v Hammersly and Another 2008 3 SA 283 (SCA)Casebook 47 Wahloo Sand BK en Andere v Trustees, Hambly Parker Trust, en Andere 2002 2 SA 776 (SCA)Aventura Ltd v Jackson and Others [2006] SCA 102Kruger v Joles Eiendomme (Pty) Ltd & Another 2009 3 SA 5 (SCA)

ASSESSMENT CRITERIA: After studying this module learners are able to: Explain what a limited real right is Discuss and apply the general principles applicable to servitudes Distinguish between praedial and personal servitudes Explain why the Cowley decision is wrong Discuss and apply the requirements for a praedial servitude Discuss the rights and duties of the parties to a praedial servitude and apply the

principles to a factual situation Briefly discuss rural and urban praedial servitudes Discuss and apply the principles of ways of necessity Discuss and apply the general principles of personal servitudes Distinguish between usufructus, usus, and habitatio Discuss and apply the principles of usufructus Discuss and apply the principles applicable to the creation of servitudes Discuss and apply the principles applicable to extinction, termination and enforcement

of servitudes Discuss and apply all prescribed case law

MODULE 15: RESTICTIVE CONDITIONSOUTCOME: Restrictive conditions as limited real rights are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 17.9 & 17.10; Casebook

ASSESSMENT CRITERIA: After studying this module learners are able to:

Understand and explain that restrictive conditions are classifies as praedial servitudes Distinguish between restrictive conditions in the broad sense and restrictive conditions

in the narrow sense Discuss the nature, character and status of restrictive conditions Discuss the enforcement of restrictive conditions Discuss defences in the context of restrictive conditions Discuss how restrictive conditions can be removed or amended

MODULE 16: REAL SECURITYOUTCOME: The real security rights pledge and mortgage are explained and demonstrated.

STUDY: Van der Walt & Pienaar chapter 18 Thienhaus NO v Metje and Ziegler Ltd 1965 3 SA 25 (A)Vasco Dry Cleaners v Twycross 1979 1 SA 603 (A)Casebook 57 Jaftha v Schoeman and Others; Van Rooyen v Stolz and Others 2005 2 SA 140 (CC)Standard Bank of South Africa Ltd v Saunderson and Others 2006 (2) SA 264 (SCA)Campbell v Botha and others [2008] ZASCA 126

ASSESSMENT CRITERIA: After studying this module learners are able to: Distinguish between personal and real security Distinguish between three categories of real security Explain the functions of real security Explain the accessory nature of real security rights Briefly discuss the requirements of the security object Briefly discuss who the parties to real security are Distinguish between different legal transactions in case of real security Discuss and apply the principles relating to a special mortgage in immovable property Explain what a pactum antichresos is Explain and apply the principles of a pactum commissorium and parate executie in the

context of a mortgage bond Explain the operation of a mortgage bond in detail and apply the principles to a factual

situation Explain the relationship between the mortgagee’s entitlement of immediate execution

and the right to housing in section 26(1) of the Constitution

Discuss the rights and duties of the mortgagor and explain the situation if property is transferred without an existing mortgage bond being cancelled

Distinguish between and briefly explain a kustinsbrief, a covering bond, and a participation bond

Discuss how a mortgage bond is terminated Discuss and apply the principles of pledge Distinguish between different stages when a pledge is constituted Explain and apply the principles of a pactum commissorium and parate executie in the

context of a pledge Discuss and apply the requirements of delivery in case of pledge Discuss and apply “simulated transactions” in the context of pledge Explain the operation of a pledge in detail and apply the principles to a factual situation; Explain how a pledge is terminated Draw a comparison between a special mortgage bond and a pledge Discuss and apply the principles of notarial bonds Distinguish between general notarial bonds and special notarial bonds and apply the

principles of each Discuss and apply all prescribed case law

MODULE 17: REAL SECURITY RIGHTS CREATED BY LAWOUTCOME: Real security rights created by law are discussed and demonstrated.

STUDY: Van der Walt & Pienaar chapter 8; Casebook 49 Bloemfontein Municipality v Jackson Ltd 1929 AD 266 Casebook 50 Buzzard Electrical (Pty) Ltd v 158 Jan Smuts Avenue Investments (Pty) Ltd en ‘n Ander 1996 4 SA 19 (A)Casebook 51 Singh v Santam Insurance Ltd 1997 1 SA 291 (A)Casebook 52 ABSA Bank Ltd t/a Bankfin v Stander t/a CAW Paneelkloppers 1998 1 SA 939 (C)

ASSESSMENT CRITERIA: After studying this module learners are able to: Discuss and apply principles regarding the tacit hypothec of the lessor Discuss and apply principles regarding the tacit hypothec of a seller under an instalment

sale agreement Discuss and apply the principles of liens Discuss and apply the requirements for the existence of a lien Distinguish between different types of liens and apply the principles of each Briefly discuss how liens are terminated

Discuss and apply the principles of judicial real security Discuss and apply all prescribed case law

MODULE 18 OTHER PROPERTY RIGHTSOUTCOME: Other rights in property will be discussed and explained

STUDY: Van der Walt & Pienaar chapter 20Consult Mostert & Pope Principles of the law of Property chapter 10 as background reading for Minerals

ASSESSMENT CRITERIA: After studying this module learners are able to: Know what other possibilities there are for creating property rights besides what was

done in previous modules Discuss the tenant’s property rights in land Discuss other common-law rights that are important Briefly explain the impact of the Mineral and Petroleum resources Development Act 28

of 2002 Explain in whom ownership of minerals vest under the MPRDA Explain the meaning of “land”, “mineral” and “ petroleum” in the MPRDA Discuss the nature of rights to mineral and petroleum under the MPRDA Briefly explain the content of rights to minerals and petroleum under the MPRDA Explain how conflicts resulting from competing rights of the mineral right holder and

the rights of the surface owner are resolved Briefly explain the position of the holder of the right regarding transfer and

encumbrance of rights under the MPRDA Explain termination of rights to minerals and petroleum Briefly explain the social and environmental responsibility provisions of the MPRDA

CONSTITUTIONAL PROPERTY LAW & LAND REFORMMODULE 19 CONSTITUTIONAL PROPERTY LAWOUTCOME: Section 25 of the Constitution will be explained and discussed

STUDY: Van der Walt & Pienaar chapter 21 & 22 Casebook 55 FNB v Commissioner of SARS 2002 (4) SA 768 (CC)Casebook 58 Dlamini v Joosten 2006 (3) SA 432 (SCA)

ASSESSMENT CRITERIA: After studying this module learners are able to: Discuss the horizontal application of section 25 Understand the historical background leading to land reform Understand and explain the contents of the property clause (sec 25) Explain the provisions pertaining to deprivation and expropriation Name and discuss the requirements of expropriation Refer to relevant case law

MODULE 20 REFORM OF PROPERTY LAWOUTCOME: The land reform programs will be explained and discussed on an introductory level

STUDY: Van der Walt & Pienaar chapter 23Consult Badenhorst, Pienaar & Mostert Silberberg and Schoeman’s The Law of Property chapter 22 as background readingCasebook 31 Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)Casebook 56 President of the RSA v Modderklip Boerdery (Pty) Ltd 2005 (5) SA 3 (CC)Casebook 58 Dlamini v Joosten 2006 (3) SA 432 (SCA)Casebook 27 Chetty v NaidooNdlovu v Ngcobo; Bekker v Jika [2002] 4 ALL SA 384 (SCA)Richtersveld Community v Alexkor 2004 (5) SA 460 (CC)

ASSESSMENT CRITERIA: After studying this module learners are able to: Set out the constitutional basis for land reform Identify the three “pillars” of land reform (programmes) and explain their aims in short Explain the restitution program Explain the redistribution program Explain tenure reform

Know the main legislation and the aims of the legislation connected to each “pillar” Set out the main provisions of PIE and apply them to a practical example Critically analyse case law on PIE Determine which act would be applicable in practical examples

ANNEXURE A

Rules for deferred tests1. In the event of illness the prescribed form “Application for Deferred Tests” must be

completed and handed in at the office of the Faculty Officer (not the lecturer) not later than 96 hours (4 days) after the scheduled test was written. If it cannot be handed in personally, it may be handed in by a friend or relative or sent per facsimile. The particulars of the Faculty Officer are:Office: Reception Faculty of Law – A Ring 7Tel: 011 559 2141Fax: 011 559 2049

2. In other cases (not illness), written reasons, together with supporting documents, must be submitted to the Faculty Officer (not the lecturer) not later than 96 hours (4 days) after the scheduled test was written. If it cannot be handed in personally, it may be handed in by a friend or a relative or sent per facsimile. (See the particulars of the Faculty Officer above)

3. If the need for a sick test is known before the normal test is written, the student must apply in writing, together with supporting documentation, to the lecturer to write the deferred test before the normal test is written. If a student fails to comply with this, no deferred test will be granted.

4. The documentation submitted by a student is kept by the Faculty in order to maintain a record of the number of applications for deferred or special tests submitted by a student.

5. It is the student’s responsibility to establish the date, time and venue of the deferred test by contacting the lecturer.

6. The format of a deferred test will not necessarily be similar to that of the scheduled test. A deferred test may be in the form of an oral test.

7. A deferred test may cover more work than the scheduled test.