Mafube Coal Mining Proprietary Limited v Buti and Others (LCC40/2024)
Mafube Coal Mining Proprietary Limited v Buti and Others (LCC40/2024) [2024] ZALCC 40 (6 November 2024)
The court found that the respondents' reliance on an established practice permitting burial at the homestead was misplaced, as the only established practice was burial at graveyard 1, not at homesteads. There was no consent from the applicant for burial at the homestead, and the respondents had previously agreed to relocate graves but later reneged and made unreasonable demands. Furthermore, the respondents raised the issue of established practice for the first time on appeal, without reference to section 6(2)(dA) of ESTA in their earlier pleadings. Applying the test for leave to appeal, the…
Source excerpt
- Leave To Appeal
- Burial Rights
- Established Practice
- Consent Of Landowner
- Superior Courts Act
- Esta Section 6 2 Da