Restitution, Tenure & Nuisance

Question 1

Restitution of Land Rights Act 22 of 1994 — cut-off date?

Accepted Answer

Persons or communities dispossessed after 19 June 1913 (the Natives Land Act) as a result of racially discriminatory laws or practices may claim restitution. (Source: Act 22 of 1994; Constitution s 25(7))

Question 2

What does ESTA protect?

Accepted Answer

The Extension of Security of Tenure Act 62 of 1997 protects occupiers on rural and peri-urban land against unfair eviction. (Source: Act 62 of 1997)

Question 3

What does the PIE Act regulate?

Accepted Answer

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 regulates eviction of unlawful occupiers. (Source: Act 19 of 1998)

Question 4

Port Elizabeth Municipality v Various Occupiers (2004) — held?

Accepted Answer

Under PIE, eviction must be just and equitable; courts should consider alternative accommodation and encourage meaningful engagement. (Source: 2005 (1) SA 217 (CC))

Question 5

Gien v Gien (1979) — principle?

Accepted Answer

Ownership is not absolute; an owner's use is limited by neighbours' rights, and a noisy bird-scarer amounted to nuisance. (Source: 1979 (2) SA 1113 (T))

Question 6

Which Act replaced the Expropriation Act 63 of 1975?

Accepted Answer

The Expropriation Act 13 of 2024, which allows nil compensation in limited circumstances where it is just and equitable. (Source: Expropriation Act 13 of 2024)

1.Restitution of Land Rights Act 22 of 1994 — cut-off date?

2.What does ESTA protect?

3.What does the PIE Act regulate?

4.Port Elizabeth Municipality v Various Occupiers (2004) — held?

5.Gien v Gien (1979) — principle?

6.Which Act replaced the Expropriation Act 63 of 1975?