Sangoni v Tshemese (CA&R21/18)
Sangoni v Tshemese (CA&R21/18) [2018] ZAECMHC 53 (21 August 2018)
The court found that the appellant failed to establish locus standi or legal authority over the respondent's allotment. The respondent was deemed an occupier under the Extension of Security of Tenure Act, with a certificate of tenure issued by the Transkei Government. There was an established practice of home burials in the locality, and the respondent's cultural and religious rights to bury his daughter at home were protected under both the Tenure Act and the Constitution. The appellant did not demonstrate a clear right, irreparable harm, or absence of alternative remedies required for a fin…
Source excerpt
- Extension Of Security Of Tenure Act
- Customary Land Rights
- Burial Rights
- Interdict Requirements
- Locus Standi
- Bill Of Rights Cultural Rights