Church of Holly Ghost v Mokoena (2025/128948)
Church of Holly Ghost v Mokoena (2025/128948) [2025] ZALCC 26 (17 June 2025)
The court found that the Church failed to establish reasonable prospects of success on appeal. The grounds raised were either unsupported by evidence or irrelevant to the real issue, which was whether Mr Mokoena qualifies as an occupier under ESTA. The court relied on the Constitutional Court’s purposive interpretation in Klaase, rejecting the Church’s argument that section 6(5) requires established practice. The Church did not provide documentary proof of Mr Mokoena’s expulsion or challenge the costs order on a valid basis. Mr Mokoena’s application for immediate enforcement was dismissed as…
Source excerpt
- Leave To Appeal
- Exceptional Circumstances
- Definition Of Occupier
- Burial Rights Under Esta
- Costs Award
- Adducing Further Evidence