Njokweni v Luthuli Ranches CC and Others (LCC22/2008) [2008] ZALCC 12 (14 March 2008)

Njokweni v Luthuli Ranches CC and Others (LCC22/2008) [2008] ZALCC 12 (14 March 2008)

The court held that the applicant, as an occupier, was entitled under section 6(2)(dA) of the Extension of Security of Tenure Act to bury her deceased husband on Rocky Ridge Farm. The respondents were found to be persons in charge of the land, and their citation sufficed for the purposes of the Act. The failure to join the registered owner was not fatal, as the owner participated and confirmed ownership. The existence of a burial site and previous burials, even if irregular, constituted an established practice within the meaning of the Act. The alleged waiver agreement signed by the deceased was void under section 25 of the Act, as it was not sanctioned by a court and the applicant...

Citation
[2008] ZALCC 12
Parties
Applicant: Esther Nomilile Njokweni; Respondent: Luthuli Ranches CC; Respondent: Robin Vivian Wood; Respondent: The Station Commissioner, Kei Mouth (SAPS)
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
14 March 2008
Case Number
LCC22/2008
Procedural Posture
Urgent Application / Final Judgment After Urgent Application Hearing
Outcome
Application granted; the applicant is permitted to bury her deceased husband on Rocky Ridge Farm.
Judges
F C Bam
Legal Topics
Extension of Security of Tenure Act, Burial Rights on Land, Joinder of Parties, Waiver of Rights, Established Practice, Person in Charge
Land and Property Civil Procedure Extension of Security of Tenure Act Burial Rights on Land Joinder of Parties Waiver of Rights Established Practice Person in Charge

Case Brief

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Parties

Esther Nomilile Njokweni

Applicant

Luthuli Ranches CC

Respondent

Robin Vivian Wood

Respondent

The Station Commissioner, Kei Mouth (SAPS)

Respondent

Procedural Posture

Urgent Application / Final Judgment After Urgent Application Hearing

Legal Issues

  1. 1 Whether the applicant, as an occupier, is entitled under section 6(2)(dA) of the Extension of Security of Tenure Act to bury her deceased husband on the farm.
  2. 2 Whether failure to join the registered owner of the land is fatal to the application.
  3. 3 Whether an established practice of burial on the property existed at the time of death.

Ratio Decidendi

The court held that the applicant, as an occupier, was entitled under section 6(2)(dA) of the Extension of Security of Tenure Act to bury her deceased husband on Rocky Ridge Farm. The respondents were found to be persons in charge of the land, and their citation sufficed for the purposes of the Act. The failure to join the registered owner was not fatal, as the owner participated and confirmed ownership. The existence of a burial site and previous burials, even if irregular, constituted an established practice within the meaning of the Act. The alleged waiver agreement signed by the deceased was void under section 25 of the Act, as it was not sanctioned by a court and the applicant...

Court Disposition

Application granted; the applicant is permitted to bury her deceased husband on Rocky Ridge Farm.

Orders

  • The applicant is permitted to bury her deceased husband, Desmond Fumbathile Njokweni, on Rocky Ridge Farm, Keimouth, Komga.
  • No order as to costs.