South Africa Case Law

Mokoena v Church of Holy Ghost (2024/128948)

Mokoena v Church of Holy Ghost (2024/128948) [2025] ZALCC 5 (7 January 2025)

Court

Land Claims Court

Case number

2024/128948

Judge

Ncube

The court found that the applicant qualifies as an occupier under ESTA, having resided on the respondent's land for over ten years and being of advanced age. The applicant's failure to disclose income was not fatal, as ESTA must be interpreted generously to protect constitutional rights. Section 6(5) of ESTA entitles the applicant's family to bury him on the land upon his death, and the requirement of established practice does not apply to burial of the occupier himself. The respondent failed to provide evidence of the applicant's expulsion from the church. Urgency was established due to the…

Source excerpt

• Extension Of Security Of Tenure Act
• Right Of Burial
• Urgent Application
• Occupier Status

Masingi v Kaalegte Farm 283 KR (LCC01/2024)

Masingi v Kaalegte Farm 283 KR (LCC01/2024) [2024] ZALCC 2 (22 January 2024)

Court

Land Claims Court

Case number

LCC01/2024

Judge

Ncube

The Land Claims Court dismissed an urgent application to bury the applicant’s son on a farm, holding that section 6(2)(dA) did not apply because the deceased was not residing there.

• Right Of Burial
• Occupier Rights
• Land Owner Rights
• Mandamus Application
• Burial-rights
• Occupier-rights

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