published_or_final_version / Housing Management / Master / Master of Housing Management

published_or_final_version / Housing Management / Master / Master of Housing Management

The purpose of this dissertation is to investigate the development of the notion of property concept since the promulgation of the Constitution of South Africa 108 of 1996 with special reference to the influence of statutory developments and especially the influence of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. In the preamble to the Constitution it is made very clear that the injustices of the past are recognised and that it is endeavoured to rectify the division of the past and that all efforts are to be made to build a future that is characterised for the acknowledgement of human rights, democracy, equality and peaceful co-existence. In the Bill of Rights the right to property is acknowledged as a fundamental right and is it also mentioned that the state must respect, protect, promote and fulfil the rights in the Bill of Rights. Before the Constitution common law protection for ownership was well established, but no statutory protection for ownership existed. The effect of the property clause (section 25) of the Constitution was that not only ownership, but also other rights to property protected. The property clause prescribes that no one may be deprived of his property, except in terms of law of general application, and no law may permit arbitrary deprivation of property. No fundamental right is absolute with the effect that conflict may arise between the different clauses of the Bill of Rights. A typical example may be where the rights of an owner of immovable come into conflict with another person's right to housing. It must, however, always be borne in mind that no fundamental right is absolute that it is possible, under certain circumstances, to limit a fundamental right. This limitation may also occur in the case of property rights. Certain statutory developments took place since the promulgation of the Constitution. The most important of these developments is of course the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. In terms of this Act it is required that certain formalities are to be fulfilled before an unlawful occupier may be evicted from property. The relevant part of the Act is the definition of an illegal occupier. Despite the fact that it was decided in several court cases that an illegal occupier does not include a person who previously had permission to occupy the property, it was decided by the Supreme Court of Appeal in Ndlovu v Ngcobo : Bekker v Jika that the act is applicable to such occupiers and specifically to lessees who's lease agreements have expired or a mortgagor who's mortgage has been foreclosed and who now refuses to vacate the property in question. The key findings are that the property concept has developed drastically since the Constitution. In regard to statutory development the most important development was the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act which was found to be applicable to all unlawful occupiers of property, regardless of the fact that the occupiers may previously have occupied the property lawfully. The Legal Amendment Bill is to rectify this in order to ensure that the Prevention of lllegal Eviction from and Unlawful Occupation of Land Act will no longer be applicable to such occupiers and specifically to lessees who's lease agreements have expired or mortgagors who's bond have been called up and who now refuse to vacate the property in question This amendment will bring the (often) conflicting fundamental rights to property and housing into a greater degree of harmony, even though it will not solve all problems. It is the duty of the State to address this and all other potential conflict between different fundamental rights. The method used in this dissertation was the analytical study of statutes, court cases and articles in legal magazines. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2004.

The single family neighbourhood is a favoured residential form, yet this low density residential option is unsustainable. With its high consumption of land and services, the continued development of the traditional single family neighbourhood results in urban sprawl and inefficient use of infrastructure. In addition, zoning regulations that prescribe large lot sizes, deep setbacks and singleuses, create disconnected, mono-functional residential enclaves. Residential intensification is increasingly touted by urban theorists and proponents of sustainable development as part of the solution. This involves focussing new development on underutilized land, which in turn necessitates the acceptance of new housing forms within existing neighbourhoods. However, people are often wary of higher densities and alternative housing options, believing that the qualities of livability that they identify with the single family neighbourhood are threatened. Focussing on ground-oriented residential alternatives, this project examines the key elements that comprise the residential environment and their connection to aspects of livability. A set of guidelines based on principles of sustainable development directs the design for a higher density, environmentally responsive, groundoriented residential development on an infill lot in an existing single family neighbourhood. The final design proposes the division of the single site into five developable lots, introduces four different dwelling types, and integrates into the landscape a stormwater management system. The plan is compared to other similar alternative developments.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

The purpose of this dissertation is to investigate the development of the notion of property concept since the promulgation of the Constitution of South Africa 108 of 1996 with special reference to the influence of statutory developments and especially the influence of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. In the preamble to the Constitution it is made very clear that the injustices of the past are recognised and that it is endeavoured to rectify the division of the past and that all efforts are to be made to build a future that is characterised for the acknowledgement of human rights, democracy, equality and peaceful co-existence. In the Bill of Rights the right to property is acknowledged as a fundamental right and is it also mentioned that the state must respect, protect, promote and fulfil the rights in the Bill of Rights. Before the Constitution common law protection for ownership was well established, but no statutory protection for ownership existed. The effect of the property clause (section 25) of the Constitution was that not only ownership, but also other rights to property protected. The property clause prescribes that no one may be deprived of his property, except in terms of law of general application, and no law may permit arbitrary deprivation of property. No fundamental right is absolute with the effect that conflict may arise between the different clauses of the Bill of Rights. A typical example may be where the rights of an owner of immovable come into conflict with another person's right to housing. It must, however, always be borne in mind that no fundamental right is absolute that it is possible, under certain circumstances, to limit a fundamental right. This limitation may also occur in the case of property rights. Certain statutory developments took place since the promulgation of the Constitution. The most important of these developments is of course the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. In terms of this Act it is required that certain formalities are to be fulfilled before an unlawful occupier may be evicted from property. The relevant part of the Act is the definition of an illegal occupier. Despite the fact that it was decided in several court cases that an illegal occupier does not include a person who previously had permission to occupy the property, it was decided by the Supreme Court of Appeal in Ndlovu v Ngcobo : Bekker v Jika that the act is applicable to such occupiers and specifically to lessees who's lease agreements have expired or a mortgagor who's mortgage has been foreclosed and who now refuses to vacate the property in question. The key findings are that the property concept has developed drastically since the Constitution. In regard to statutory development the most important development was the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act which was found to be applicable to all unlawful occupiers of property, regardless of the fact that the occupiers may previously have occupied the property lawfully. The Legal Amendment Bill is to rectify this in order to ensure that the Prevention of lllegal Eviction from and Unlawful Occupation of Land Act will no longer be applicable to such occupiers and specifically to lessees who's lease agreements have expired or mortgagors who's bond have been called up and who now refuse to vacate the property in question This amendment will bring the (often) conflicting fundamental rights to property and housing into a greater degree of harmony, even though it will not solve all problems. It is the duty of the State to address this and all other potential conflict between different fundamental rights. The method used in this dissertation was the analytical study of statutes, court cases and articles in legal magazines. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2004.

Thesis (MS en S)--Stellenbosch University, 2001. / ENGLISH ABSTRACT: South Africa has moved into a new political era in which all citizens are entitled to equal access to opportunities. Disadvantaged communities are cherishing high expectations of what the future will hold for them. To avoid trade-offs that can lead to the escalation of violence, more efficient management strategies are necessary to restructure the urban environment and address the problems of a rapidly urbanising population. The primary goal of this study is to examine to what extent mixed-use developments can facilitate economic development within low income communities. The results indicate that the planning of mixed-use developments, can create strong, welldefined city structures which will address the current urban deficiencies experienced in metropolitan areas. Mixed-use developments offer a means to integrate those parts of the metropolitan area with no coherent and integrated structure into the larger urban environment. An increase in densities, land use intensification and passing traffic can create the necessary market thresholds to sustain a wide range of economic and social activities and facilities that are typically not found in inwardly turned, peripheral communities. This can increase the standard of living of these communities by improving their access to economic opportunities, providing employment and supporting the fulfilment of their economic and social needs. The informal sector plays an important role in the urban economy. The creation of multi-functional markets within mixed-use development will stimulate groWth and employment creation within the informal sector. The higher economic thresholds and better access to markets and supplies can improve the viability of small -scale informal enterprises. These markets will benefit the local communities by providing a variety of economic activities and services within the same location. The stimulation of economic activity within the low income communities can improve the circulation of money and assist in the prevention of income leakage to other centres. The implementation of mixed-use development has the potential of addressing the problems currently inhibiting economic development of low-income communities. / AFRIKAANSE OPSOMMING: Suid-Afrika het 'n nuwe politieke era betree, waarin alle burgers op toegang tot gelyke geleenthede geregtig is. Die agtergeblewe gemeenskappe koester hoë verwagtinge vir die nuwe toekoms. Om te verhoed dat uitruiling ly tot 'n toename in geweld, is 'n meer doeltreffende stedelike bestuurstrategieë noodsaaklik om die snelgroeiende bevolking aan te spreek. Die studie het ten doel om die ekonomiese ontwikkelingskapasiteit van gemengde grondgebruiksontwikkeling, te ondersoek. Die gevolgtrekking van die studie is dat gemengde grondgebruiksontwikkeling 'n goed ontwikkelde stadstruktuur tot stand kan bring, waardeur die bestaande tekortkominge van stedelike gebiede aangespreek kan word. Dit bied 'n doeltreffende manier om stedelike gebiede, sonder 'n samehorige en geïntegreerde struktuur, met die groter stedelike gebied te skakel. 'n Toename in digthede, grondgebruiksintensiteit en deurverkeer sal die drempelwaardes, wat nodig is om 'n wye verskeidenheid ekonomiese en sosiale aktiwiteite te ondersteun, skep. Verhoogde toegang tot ekonomiese- en werks geleenthede sal die lewenstandaard van lae- inkomste gemeenskappe verhoog. Die informele sektor speel ook 'n belangrike rol in stedelike ekonomie. Die ontwikkeling van multi-funksionele markte, binne die gemengde grondgebruiksontwikkeling, kan groei en werkskepping binne die informele sektor stimuleer. Hoër drempelwaardes en beter toegang tot markte en voorraad kan die lewensvatbaarheid van informele ondernemings verbeter. Plaaslike gemeenskappe sal voordeel trek uit die toeganklikheid van 'n verskeidenheid ekonomiese aktiwiteite en dienste binne die mark. Die stimulering van ekonomiese aktiwiteite binne lae-inkomste gemeenskappe sal die sirkulasie van geld verbeter en die lekkasie van inkomste na ander sentrums teenwerk. Die implementering van gemengde grondgebruiksontwikkelings het die potensiaal om die probleme, wat die ekonomiese ontwikkeling van lae-inkomste gemeenskappe strem, die hoof te bied.

The aim of the thesis is to explore and describe adult education as an integral part of lifelong learning in relation to the development stages of human life. Particular emphasis is placed on the 3rd stage of life, the senior age. The defined area is solved with a wider historical, geographical and demographic context. The author also deals with the analysis of the global and especially European demographic development with a special focus on the Czech Republic, Austria and Germany. Especially the current changes in the age structure of the population and the consequences of this development on the educational system. In the end, recommendations and suggestions are formulated on how to respond to ongoing demographic changes and how to prepare for an aging society from the point of view of education.

Excavations at La Bomba, Middle Jequetepeque Valley, CajamarcaThis paper presents the preliminary results of the excavations at the archaeological site of La Bomba, located in the middle valley of Jequetepeque, Cajamarca. This investigation was conducted by the author as a part of a comparative project organized by the Archaeological Mission of Tokyo University. The stratigraphic sequences and architecture data are emphazised. The results, obtained from the analysis of the associated material, allow to reconstruct some religious and social aspects of the Early Formative and Regional Developments periods / En este trabajo se presentan los resultados preliminares de las excavaciones en el sitio arqueológico La Bomba ubicado en el valle medio de Jequetepeque, departamento de Cajamarca, realizadas por el autor como parte de un proyecto de carácter comparativo organizado por la Misión Arqueológica de la Universidad de Tokio. Se enfatizan los datos referentes a las secuencias estratigráficas y la arquitectura. Los resultados obtenidos del análisis del material asociado de los entierros permiten reconstruir algunos aspectos religiosos y sociales de los periodos Formativo Inferior y Desarrollos Regionales.

The aim of the diploma thesis is to evaluate the real estate market in the segment of agricultural land. This work evaluates the general characteristics of this segment, but also the factors that influence the price of agricultural land. The thesis results are graphic, map and tabular outputs showing the various factors that affect the price of agricultural soil and analysis of these data.