Moladora Trust v Mereki and Others (LCC70/2022)
Moladora Trust v Mereki and Others (LCC70/2022) [2022] ZALCC 32; 2023 (3) SA 209 (LCC) (11 November 2022)
The Court found that, although grazing rights for ESTA occupiers are personal and derive from consent, the respondents had acquired tacit consent to graze cattle on the farm after their mother's death. This was inferred from their continued open residence and use of the land for grazing over several years without objection from the applicant, and the presumption of consent under section 3(4) of ESTA. The Court held that once such consent is established, the right to graze cattle forms part of the tenure protected by ESTA and is subject to its procedural safeguards. The applicant failed to com…
Source excerpt
- Extension Of Security Of Tenure Act
- Eviction Proceedings
- Consent To Graze Livestock
- Security Of Tenure
- Tacit Agreement
- Constitutional Right To Dignity