Gate Development (Pty) Ltd and Another v Mahlangu and Others (LCC103/08) [2009] ZALCC 2 (4 March 2009)

Gate Development (Pty) Ltd and Another v Mahlangu and Others (LCC103/08) [2009] ZALCC 2 (4 March 2009)

The court found that the respondents' legal representative was unable to consult with witnesses due to circumstances beyond his control, specifically being denied access to the farm. However, the prior lack of preparation by the respondents' attorneys was not relevant to the present application for postponement. On the substantive issue, the court held that an established practice of burial existed on the farm, as evidenced by burials since 1971, including recent burials, and that irregularity or inconsistency does not negate the obligation to permit burials under section 6(2)(dA) of the Land Reform (Labour Tenants) Act. The purported waiver signed by the deceased was not valid, as...

Citation
[2009] ZALCC 2
Parties
Applicant: Gate Development (Pty) Ltd; Applicant: Van Breda, Willem Wehlburg N.O. (Executor in the estate of late Ander Steinbel); Respondent: Mahlangu, Mrensnselula; Respondent: Mthombeni, Malalelo Martha; Respondent: Mahlangu, Zoel; Respondent: Mthomeni, Willem; Respondent: Mthombeni, Thomas
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
4 March 2009
Case Number
LCC103/08
Procedural Posture
Urgent Application / Application for Further Postponement and Substantive Determination of Burial Rights
Outcome
Application granted; the applicant is entitled to bury her husband on Rocky Ridge farm. No order as to costs.
Judges
Bam JP
Legal Topics
Land Reform Labour Tenants Act, Burial Rights on Farm, Waiver of Rights, Established Practice, Judicial Discretion Postponement
Land and Property Civil Procedure Land Reform Labour Tenants Act Burial Rights on Farm Waiver of Rights Established Practice Judicial Discretion Postponement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Gate Development (Pty) Ltd

Applicant

Van Breda, Willem Wehlburg N.O. (Executor in the estate of late Ander Steinbel)

Applicant

Mahlangu, Mrensnselula

Respondent

Mthombeni, Malalelo Martha

Respondent

Mahlangu, Zoel

Respondent

Mthomeni, Willem

Respondent

Mthombeni, Thomas

Respondent

Procedural Posture

Urgent Application / Application for Further Postponement and Substantive Determination of Burial Rights

Legal Issues

  1. 1 Whether the respondents' application for a further postponement should be granted.
  2. 2 Whether the applicant, as an occupier, has a right to bury her husband on Rocky Ridge farm under section 6(2)(dA) of the Land Reform (Labour Tenants) Act.
  3. 3 Whether an alleged waiver of burial rights by the deceased is valid under section 25 of the Act.

Ratio Decidendi

The court found that the respondents' legal representative was unable to consult with witnesses due to circumstances beyond his control, specifically being denied access to the farm. However, the prior lack of preparation by the respondents' attorneys was not relevant to the present application for postponement. On the substantive issue, the court held that an established practice of burial existed on the farm, as evidenced by burials since 1971, including recent burials, and that irregularity or inconsistency does not negate the obligation to permit burials under section 6(2)(dA) of the Land Reform (Labour Tenants) Act. The purported waiver signed by the deceased was not valid, as...

Court Disposition

Application granted; the applicant is entitled to bury her husband on Rocky Ridge farm. No order as to costs.

Orders

  • The application for burial on Rocky Ridge farm is granted.
  • No order as to costs.