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Unlawful sale of state-subsidised houses by the Cape Town community housing company
This dissertation clarifies the protections available to housing subsidy beneficiaries who purchase houses through credit agreements. I look at the legislative framework that protects the right to access to housing in terms of section 26 of the Constitution. I consider a Constitutional Court case Am...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2022
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| _version_ | 1867613351060701184 |
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| access_status_str | Open Access |
| author | Mathiso, Chwayita |
| author2 | Lutchman, Salona |
| author_browse | Lutchman, Salona Mathiso, Chwayita |
| author_facet | Lutchman, Salona Mathiso, Chwayita |
| author_sort | Mathiso, Chwayita |
| collection | Thesis |
| description | This dissertation clarifies the protections available to housing subsidy beneficiaries who purchase houses through credit agreements. I look at the legislative framework that protects the right to access to housing in terms of section 26 of the Constitution. I consider a Constitutional Court case Amardien and Eleven Others v Cape Town Community Housing Company 2019 (2) BCLR 193 (CC) which established that sections 19 of the Alienation of Land Act and 129 of the National Credit Act give the procedural steps that a developer needs to take before it can cancel the sale agreement with subsidy beneficiaries to lawfully cancel such agreements giving effect to the right to housing. The case study determined that where disputes arise, both the National Credit Act and Alienation of Land Act provisions apply in the enforcement of the agreements. The beneficiaries' purchases of their houses must be registered to protect them from the seller selling their properties to third parties. The seller does not remain the property owner and is precluded from repossessing the houses and selling them to third parties without a court order. I argue that such conduct amounts to an unjustified infringement of their housing rights and constitutes an arbitrary deprivation of property. Judicial oversight is required in determining whatever enforcement mechanisms that are appropriate in the circumstances of default by the beneficiaries. I discuss the State's obligations in terms of the Housing Act and international law in the enforcement of the subsidy agreements by the Company relating to the beneficiaries' right to housing. I discuss how the State breached its obligations by failing to fulfil its obligations and the impact of such failure on the beneficiaries. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/36485 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:45.884Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/36485 Unlawful sale of state-subsidised houses by the Cape Town community housing company Mathiso, Chwayita Lutchman, Salona public law This dissertation clarifies the protections available to housing subsidy beneficiaries who purchase houses through credit agreements. I look at the legislative framework that protects the right to access to housing in terms of section 26 of the Constitution. I consider a Constitutional Court case Amardien and Eleven Others v Cape Town Community Housing Company 2019 (2) BCLR 193 (CC) which established that sections 19 of the Alienation of Land Act and 129 of the National Credit Act give the procedural steps that a developer needs to take before it can cancel the sale agreement with subsidy beneficiaries to lawfully cancel such agreements giving effect to the right to housing. The case study determined that where disputes arise, both the National Credit Act and Alienation of Land Act provisions apply in the enforcement of the agreements. The beneficiaries' purchases of their houses must be registered to protect them from the seller selling their properties to third parties. The seller does not remain the property owner and is precluded from repossessing the houses and selling them to third parties without a court order. I argue that such conduct amounts to an unjustified infringement of their housing rights and constitutes an arbitrary deprivation of property. Judicial oversight is required in determining whatever enforcement mechanisms that are appropriate in the circumstances of default by the beneficiaries. I discuss the State's obligations in terms of the Housing Act and international law in the enforcement of the subsidy agreements by the Company relating to the beneficiaries' right to housing. I discuss how the State breached its obligations by failing to fulfil its obligations and the impact of such failure on the beneficiaries. 2022-06-21T09:20:06Z 2022-06-21T09:20:06Z 2022 2022-06-21T09:19:27Z Master Thesis Masters LLM http://hdl.handle.net/11427/36485 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | public law Mathiso, Chwayita Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| thesis_degree_str | Master's |
| title | Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| title_full | Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| title_fullStr | Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| title_full_unstemmed | Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| title_short | Unlawful sale of state-subsidised houses by the Cape Town community housing company |
| title_sort | unlawful sale of state subsidised houses by the cape town community housing company |
| topic | public law |
| url | http://hdl.handle.net/11427/36485 |
| work_keys_str_mv | AT mathisochwayita unlawfulsaleofstatesubsidisedhousesbythecapetowncommunityhousingcompany |