21:55 Fm @ GA ull ll 19%B 1.PDF - Read-only ZO Aa s Read Only Save a copy to edit. v SECTIONA QUESTION ONE Distinguish the following concepts: - 4.1 Real right and personal right (2) 1.2 Direct state investment and beneficial capital improvement (2) 1.3 Fungible and non-fungible things (2) 1.4 Limited real right and ownership (2) 1.5 Illegal occupier and person in charge (2} [10} QUESTION TWO 2.1 What constitutes deprivation? (5) 2.2 Name and discuss the valid requirement of expropriation. (10) Section 25(4)(b) of the Constitution of South Africa, 1996, stipulates thal \"property is not limited to fand.\" 2.3 What does the above statement mean to the average South African? (5) [20] SECTION B QUESTION THREE [35] Valoyi family lived and worked on Baas John's farm in Mokopane since 1912. All their ancestors were buried in the farm according to Valoyi customs and traditions. On the 15" of May 2023, Valoyi family lost their son Bethuel in a tragic accident that happened on the farm. They began the preparation for the funeral which was to take place on the 24" of May 2023. Baas John came to know about these funeral arrangements and refused the burial to take place. As the result Baas John's refusal to bury the deceased, the family went and bury their son Bethuel outside the farm along N1 roadside. 3.1 Discuss whether Valoyi family has burial rights on the farm. (20) When the Valoyi family comes back from the "new" graveside, they found their home demolished, and their furniture and clothes under rubbles. Baas John ordered them to vacate his farm with immediate effect. Valoyi family referred the dispute for adjudication. 3.2 Assume you are the presiding officer in this case. Give a judgment. (15) Page 2 of 3 SECTION C QUESTION FOUR Nkuna family tells you that they lost their ancestral land to Oupa Peter as the result of the Natives Land Act 27 of 1913. For centuries Oupa Peter's farm had been inhabited by Va- Nkuna people and their forefather were Kings in the Va-Nkuna Kingdom. They want their ancestral land to be restored back to them. ii O