Question The City of Cape Town passed a by-law on unlawful land occupation which states that land occupiers may be fined or imprisoned for up to two years. Under the by-law, City officials are provided powers of arrest where individuals seek to occupy public land having been informed that doing so is unlawful. Those convicted of an offence under the by-law are liable to fines or imprisonment, depending on the offence. NdivhoYaVhathu, a housing rights activist organisation that promotes the realisation of constitutional rights and social justice, say that the Act seeks to criminalise the occupation of land that could result in a fine and/or imprisonment of between six months and two years. They also believe that the by-law is not consistent with the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). These provisions amount to the criminalisation of people based on their housing status, homelessness. Mukovhe Mulaudzi and 100 other residents have been charged with and convicted of breaching the bylaw after they unlawfully occupied and built shack on a piece of land in Langa. Mr Mulaudzi states that he and other occupants were on the land because they have been waiting for the government to provide housing for over 5 years. In light of the above, answer the questions below:

1. Identify and name the rights potentially infringed by the bylaw. (2)

2. Is the City of Cape Town bound by the Bill of Rights? Give reasons for your answers. (2)

3. Mr Mulaudzi and other residents come to you for advice. They would like to bring a class action against the state based on the fact that the bylaw infringes on their constitutional rights. Discuss the most important feature of a class action and the requirements for bringing one before the court. (3)

4. Is the municipal bylaw a law of general application?Give reasons for your answers (3)