South Africa Case Law

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)

Court

Land Claims Court

Case number

LCC40/2024

Judge

Ncube

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

Mathebula and Another v Harry (LCC72/2015)

Mathebula and Another v Harry (LCC72/2015) [2015] ZALCC 6; 2016 (5) SA 534 (LCC) (2 June 2015)

Court

Land Claims Court

Case number

LCC72/2015

Judge

Ngcukaitobi

The Land Claims Court held that the applicants could bury a family member on the farm under ESTA section 6(2)(dA), finding residence and an established burial practice.

• Extension Of Security Of Tenure Act
• Burial Rights On Farms
• Occupier Definition
• Established Practice
• Inspection In Loco
• Esta

Gate Development (Pty) Ltd and Another v Mahlangu and Others (LCC103/08)

Gate Development (Pty) Ltd and Another v Mahlangu and Others (LCC103/08) [2009] ZALCC 2 (4 March 2009)

Court

Land Claims Court

Case number

LCC103/08

Judge

Bam JP

The Land Claims Court granted a burial-rights application under the Labour Tenants Act, rejecting a purported waiver and delaying tactics on postponement.

• Land Reform Labour Tenants Act
• Burial Rights On Farm
• Waiver Of Rights
• Established Practice
• Judicial Discretion Postponement
• Land-reform-labour-tenants-act

Njokweni v Luthuli Ranches CC and Others (LCC22/2008)

Njokweni v Luthuli Ranches CC and Others (LCC22/2008) [2008] ZALCC 12 (14 March 2008)

Court

Land Claims Court

Case number

LCC22/2008

Judge

F C Bam

The Land Claims Court held that an occupier could bury her husband on the farm under ESTA, despite objections, and that the alleged waiver was void.

• Extension Of Security Of Tenure Act
• Burial Rights On Land
• Joinder Of Parties
• Waiver Of Rights
• Established Practice
• Person In Charge

Dlamini and Another v Joosten and Others (30/05)

Dlamini and Another v Joosten and Others (30/05) [2005] ZASCA 138; [2006] 3 All SA 1 (SCA); 2006 (3) SA 342 (SCA) (30 November 2005)

Court

Supreme Court of Appeal

Case number

30/05

Judges

Harms, Streicher, Jafta, Mlambo, Cachalia

The SCA held that burial rights under ESTA attach to the cadastral land where the occupier resides, and that an established burial practice cannot be unilaterally withdrawn.

• Extension Of Security Of Tenure Act
• Burial Rights
• Cadastral Description
• Established Practice
• Real Rights
• Personal Servitude