South Africa Case Law

Nkosi and Another v Zandspruit Trust and Others (LCC 71/2022)

Nkosi and Another v Zandspruit Trust and Others (LCC 71/2022) [2022] ZALCC 13 (14 May 2022)

Court

Land Claims Court

Case number

LCC 71/2022

Judge

Y S Meer

The court found that the applicants failed to provide sufficient evidence that the deceased resided on the farm at the time of his death. The only evidence of residence was the claim of occasional visits, which was disputed by the respondent and not refuted by the applicants. There was no evidence of the deceased's intention to return to the farm on a permanent basis, nor of any physical presence or dwelling on the farm. The first applicant admitted she did not reside on the farm, undermining the credibility of her evidence. Applying the Plascon-Evans test, the respondent's version was accept…

Source excerpt

• Extension Of Security Of Tenure Act
• Burial Rights
• Definition Of Residence
• Occupier Rights

Thwala v Greyling and Another (LCC124/2009)

Thwala v Greyling and Another (LCC124/2009) [2009] ZALCC 8 (17 August 2009)

Court

Land Claims Court

Case number

LCC124/2009

Judge

MIA

The court held that the deceased resided on the farm and that any contrary burial agreement was void under ESTA, permitting burial on the farm.

• Extension Of Security Of Tenure Act
• Right Of Burial On Land
• Definition Of Residence
• Family Rights Of Occupiers
• Extension-of-security-of-tenure-act
• Right-of-burial-on-land

Majola v Mortimer NO and Others (LCC137/2009)

Majola v Mortimer NO and Others (LCC137/2009) [2009] ZALCC 7 (14 August 2009)

Court

Land Claims Court

Case number

LCC137/2009

Judge

S Mia

The court held that a deceased occupier who had resided on the farm exceeded ten years could be buried there despite periodic absences.

• Extension Of Security Of Tenure Act
• Right Of Burial
• Security Of Tenure
• Definition Of Residence
• Extension-of-security-of-tenure-act
• Right-of-burial