Assignment

Faculty Name: Commerce and Law

Module Code: LWPR311
Module Name: Property Law Semester 1
Module Leader: Mr Emmanuel Makwaiba
Internal Moderator: Dr Leo Mafuso
Copy Editor: Mr Richard Dunningham
Total Marks: 50
Submission Date: 09/03/2020 – 13/03/2020
This module is presented on NQF level 7.
Mark deduction of 5% per day will be applied to late submission, up to a maximum of three days.
Assignments submitted later than three days after the deadline or not submitted will get 0%. 1

This is an individual assignment.

This assignment contributes 20% towards the final mark.

Instructions to Student
1. Remember to keep a copy of all submitted assignments.
2. All work must be typed.
3. Please note that you will be evaluated on your writing skills in all your assignments.
4. All work must be submitted through Turnitin2 and the full Originality Report should be
attached to the final assignment. Negative marking will be applied if you are found guilty of
plagiarism, poor writing skills or if you have applied incorrect or insufficient referencing.

1
Under no circumstances will assignments be accepted for marking after the assignments of other students have been marked and returned to the students.
2 Refer to the PIHE Policy for Intellectual Property, Copyright and Plagiarism Infringement, which is available on myLMS.

LWPR311 – Assignment – S1 2020 | V1.0 Page 1 of 15

Pearson Institute of Higher Education is registered with the Department of Higher Education and Training as a private higher education institution
under the Higher Education Act, 101, of 1997. Registration Certificate number: 2001/HE07/008. (Formerly Midrand Graduate and CTI Education
Group).
 (See the table at the end of this document where the application of negative marking is
explained.)
5. Each assignment must include a cover page, table of contents and full bibliography, based
on the referencing method applicable to your faculty as applied at Pearson Institute of
Higher Education.
6. Use the cover sheet template3 for the assignment; this is available from your lecturer.
7. Students are not allowed to offer their work for sale or to purchase the work of other
students. This includes the use of professional assignment writers and websites, such as
Essay Box. If this should happen, Pearson Institute of Higher Education reserves the right
not to accept future submissions from a student.

Assignment Format
Students must follow the requirements when writing and submitting assignments as follows:
 Use Arial, font size 10.
 Include page numbers.
 Include a title page.
 Print submissions on both sides of the page.
 Write no more than the maximum word limit.
 Ensure any diagrams, screenshots and PowerPoint presentations fit correctly on the page and
are referenced.
 Include a table of contents.
 Use the accurate referencing method throughout the assignment.
 Include a bibliography based on the applicable referencing method at the end of the
assignment.
 Include the completed Assessment/Project Coversheet (available on myLMS).
 Check spelling, grammar and punctuation.
 Run the assignment through Turnitin software.

Essential Embedded Knowledge and Skills Required of Students

 Report-writing skills
 Ability to analyse scenarios/case studies
 Understanding of subject field concepts and definitions
 Ability to apply theoretical knowledge to propose solutions to real-world problems

3 Available on myLMS.

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 Referencing skills

Resource Requirements
 A device with Internet access for research
 A desktop or personal computer for typing assignments
 Access to a library or resource centre
 Prescribed reading resources

Delivery Requirements (evidence to be presented by students)

 A typed assignment4
 A Turnitin Originality Report

Minimum Reference Requirements

At least five references for first year, ten references for second year and fifteen references for
third year.

Additional reading is required to complete this assignment successfully. You need to include the
following additional information sources:
 Printed textbooks/e-books
 Printed/online journal articles
 Academic journals in electronic format accessed via PROQUEST or other databases
 Periodical articles e.g. business magazine articles
 Information or articles from relevant websites
 Other information sources e.g. geographic information (maps), census reports, interviews

Note
 It is crucial that students reference all consulted information sources, by means of in-text
referencing and a bibliography, according to the applicable referencing method.
 Negative marking will be applied if a student commits plagiarism i.e. using information from
information sources without acknowledgement and reference to the original source.
 In such cases, negative marking, also known as ‘penalty scoring’, refers to the practice of
subtracting marks for insufficient/incorrect referencing.
 Consult the table at the end of this document, which outlines how negative marking will be
applied as well as the way in which it will affect the assignment mark.

4 Refer to the Conditions of Enrolment for more guidance (available on myLMS).

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Plagiarism
 Every assignment must be submitted with a Turnitin Originality Report. The similarity index
must be interpreted by the lecturer and penalties applied accordingly.
 Negative marking has to be applied if a student has not complied with the minimum reference
requirements and/or referencing style. See the table at the end of this document in which
negative marking is explained.

Essays and Long Questions

 Answers to essay questions and longer questions must be written in the requested format.
 In-text referencing must be provided in the answer.
 All information sources used in the assignment must be included in the bibliography of the
assignment.

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Section A

Learning Objective
This assignment will cover the following Learning Outcomes in the Module Guide:
LO2: AC 2.3 Discuss the private law limitations on ownership focusing on neighbour law
LO2: AC 2.4 Analyse the impact of s25 of the constitution on ownership.
This assignment will also allow you to gain practical insight into the relationship between the
constitution and the law of property.

Assignment Topic
Do some research and advise Mr Nkabini on the effects of private law and the constitution on his
ownership of his plot.

Scope
Scope to be covered: Unit 2. You are expected to consult the following resources:

Textbook(s)
Mostert, H. and Pope, A. (eds.). 2010. The Principles of the Law of Property in South Africa.
Cape Town: Oxford University Press

Case Law
FNB v Commissioner of the South African Revenue Service; First National Bank of SA Ltd t/a
Westbank v Minister of Finance 2002 (4) SA 768 (CC)
Shoprite Checkers (Pty) Ltd v MEC for economic Development, Eastern Cape and Others 2015
(6) SA 125 (CC)
Environmental Affairs And Tourism, Eastern Cape 2015 (6) SA 125 (CC)
Haffejee NO and Others v eThekwini Municipality and Others [2011] ZACC
Uys N.O and Another v Msiza and Others [2017] ZASCA 130
Gien v Gien 1979 2 SA 1113 T

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Online Articles
Ngcukaitobi T and Bishop M. 2019. The Constitutionality of Expropriation Without Compensation.
https://www.wits.ac.za/media/wits-university/faculties-and-schools/commerce-law-and-
management/law/documents/constitutional-court-review-
program/Ngcukaitobi%20Bishop%20Article%20(FINAL).docx. [Accessed 23 November 2019].

Van der Walt, AJ. 2012. Property and Constitution. [Online] Available at:
http://www.pulp.up.ac.za/monographs/property-and-constitution. [Accessed 23 November
2019.Chapter 2.]

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Question 1 50 Marks

1.1 Study the scenario and complete the question(s) that follow:
Lugwena Farm dispute
Rendani Nkabini and his brother Magoma inherited the Lugwena Farm from their father’s
estate. They shared the farm in two halves and do different types of farming on the adjacent
farms. Rendani is a pig farmer and has an abattoir on site while Magoma is doing horticulture.
Rendani’s farm causes a lot of pollution to the dam water because he must clean the abattoir
after the pigs are slaughtered. He has also been deliberately dumping the pig waste over the
fence to Magoma’s section which is affecting his produce because of the chemicals in the
waste. Magoma is very unhappy about the situation and has hired you as his counsel to assist
him in the matter.
Makwaiba, E. 2019 Lugwena Farm Dispute: Case study. Pearson Institute.

In terms of neighbor law, specifically nuisance, advise Magoma based on case law whether he
has a remedy against his brother. (15 Marks)

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1.2 Study the scenario and complete the question(s) that follow:
The Gautrain Management Agency (GMA) which is a government agency in the department of
transport is looking to open a few new stations in the coming years – including routes through
Lanseria, Fourways and Boksburg. They have managed to conclude all the processes
including environmental assessments in order to continue with the project. However, one of
their train routes will pass through Nkabini’s farm in the farms of Irene and he is not happy and
refuses to leave his farm for the project to continue. The agency explains to him that this is in
line with the government policy to provide significant economic and transport related benefits to
the province and the country at large. They argue that they cannot uphold the rights of one
individual over the rights of the entire province as well as the country. Nkabini argues that if
they take his property this would amount to an illegal deprivation of his property.

SA Commercial Props News. 2019. [Online] Available at http://www.sacommercialpropnews.co.za/south-africa-

provincial-news/gauteng/9039-new-routes-planned-for-gautrain-expansion.html [Accessed 23 November 2019]

Nkabini and his legal team insist that he has full and absolute ownership of his property and that
no one may take his land from him. The agency approaches you as their counsel to advise them.

Draft a letter to Mr Nkabini explaining the difference between expropriation and deprivation. You
must also advise him on the government’s right to expropriate land as well as the requirements
that they must fulfill to go through with the process. In the draft include case law to show
instances where the government could expropriate land in line with these requirements.
(25 Marks)

The format is as follows:

Own address (physical and postal address)

(Fax, email, file reference etc.)

Date

Client's address
Opening salutation (Dear Mr Brown/Dear Joe)

Descriptive Heading (use either bold print, capitals or underlining)

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1. Introductory paragraph
2. Facts Analysis of legal position (legal rule(s)/principles; application of law to facts)
3. Recommendations and substantiation of recommendation
4. Closing paragraph

Closing salutation (Yours sincerely/Yours faithfully)

(Signature)
NAME (IN CAPITALS)

End of Question 1

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Section B

Mark Allocation for Essays

Marking Structure Mark

Technical and
 Student followed the technical and
structural 10
structural instructions
Compliance

 The interpretation and application of

the theory to the topic. Insight into
Question 1.1 the topic and understanding of the 15
field surrounding the topic.
 Conclusions and recommendations.

 The interpretation and application of

the theory to the topic. Insight into
Question 1.2 the topic and understanding of the 25
field surrounding the topic.
 Conclusions and recommendations.

 If similarity report is higher than 50%

Similarity Report
deduct up to 10%.

 If submission was late, deduct

Submission
according to instructions.

Total 50

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 Technical and Structural Compliance
Criteria Non-compliance Partial Compliance Complied
Technical Presentation: 0–1 2 3
Typed
Arial 12
1.5 spacing
Spelling and Grammar: 0–1 2 3
English U.K
Structural Presentation: 0 1–2 3–4
Cover page (student name,
surname, number, module code)
Table of content
Headings
Numbering
Justified
Rubric attached
Referencing 0 1–2 3–5
Number of sources as per
instruction
Quality of sources
Ample varied sources indicates
actual research
Relevance of sources
Recent sources
Harvard referencing style
Total Mark: Technical and Structural Compliance /10

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 Question 1.1

0–2 3–4 5
Inadequate Adequate to Data highly relevant
interpretation and good throughout study
Interpretation of inclusion of irrelevant interpretation
information information of relevant
sources. Little
irrelevant data
included.

0–2 3–4 5
Poor Some relevant Relevant and abundance of
gathering/interpretation data applied data gathered and correctly
Application of of data and application to topic in applied to topic. Strong,
information to topic. Lack of orderly, systematic applications
systematic, orderly systematic throughout.
arguments/discussions. and academic
fashion.

0–2 3–4 5
Conclusions not Average to Conclusions and
justified by findings. good insight Recommendations
Recommendations not into topic and meaningful and realistic.
Conclusions/
realistic and surrounding
Recommendations
meaningful. areas. Good
explanations
and
elaborations.

Total /15

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 Question 1.2

Interpretation of 0–2 3–4 5–6

information Inadequate Adequate to good Data highly relevant
interpretation and interpretation of throughout study
inclusion of irrelevant relevant sources.
information Little irrelevant data
included.

Application of 0–2 3–4 5–7

Information Poor gathering/ Some relevant data Relevant and
interpretation of data applied to topic in abundance of data
and application to topic. orderly, systematic gathered and
Lack of systematic, and academic correctly applied to
orderly fashion. topic. Strong,
arguments/discussions. systematic
applications
throughout.

Insight Into Topic 0–2 3–4 5–6

and Poor to no insight into Average to good Student has mastered
Understanding of topic/ insight into topic topic and exhibits
Field surrounding areas. and surrounding excellent
Surrounding Topic Ambiguous and areas. understanding into
confusing Good explanations surrounding areas.
statements/arguments and Clear explanations
at times. elaborations. and elaborations.

Conclusions/ 0–2 3–4 5–6

Recommendations Conclusions not justified Average to good Conclusions and
by findings. insight into topic recommendations
Recommendations not and surrounding meaningful and
realistic and meaningful. areas. Good realistic.
explanations and
elaborations.

Total /25

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Section C

Plagiarism and Referencing

Pearson Institute of Higher Education places high importance on honesty in academic work
submitted by students and adopts a policy of zero tolerance on cheating and plagiarism. In
academic writing, any source material e.g. journal articles, books, magazines, newspapers,
reference material (dictionaries), online resources (websites, electronic journals or online
newspaper articles), must be properly acknowledged. Failure to acknowledge such material is
considered plagiarism; this is deemed an attempt to mislead and deceive the reader and is
unacceptable.

Pearson Institute of Higher Education adopts a zero-tolerance policy on plagiarism, therefore,

any submitted assessment that has been plagiarised will be subject to severe penalties. Students
who are found guilty of plagiarism may be subject to disciplinary procedures and outcomes may
include suspension from the institution or even expulsion. Therefore, students are strongly
encouraged to familiarise themselves with referencing techniques for academic work. Students
can access the PIHE Guide to Referencing on myLMS.

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Negative Marking

Third-year Students
 A minimum of 15 additional information sources must be consulted and correctly cited.
 If no additional information sources have been used, a full 15% must be deducted.
 Deduct 1% per missing resource of the required 10. For example:
 If only five resources cited, deduct 5%.
 If only three resources cited, deduct 7%.
 Markers to apply the penalties for Category A for insufficient sources and incorrect referencing
style.
 To determine the actual overall similarity percentage and plagiarism, markers must interpret
the Turnitin Originality Report with reference to credible sources used and then apply the
penalties as per the scale in the PIHE Policy for Intellectual Property, Copyright and
Plagiarism Infringement.
 The similarity report alone is not an assessment of whether work has or has not been
plagiarised. Careful examination of both the submitted paper/assignment/project and the
suspect sources must be done.

Category A
Minimum Reference Requirements Deduction of Final Mark
No additional information sources have been used or
15%
referenced.

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