Mampies v Sandvliet (Pty) Ltd

The applicants, Maria and Hendrik Mampies, long-term occupiers on Onder-Plaas (part of Montina Farms in the Northern Cape), sought urgent relief to bury their niece, Magdelena de Wees, on Middel-Plaas. The deceased had lived and worked on the farm until 2014 and continued residing there until her death in February 2017. Middel-Plaas had historically been used as the family and community burial site for occupiers across the three adjacent farms (Onder-Plaas, Middel-Plaas and Bo-Plaas). The respondent, Sandvliet (Pty) Ltd, owner of Middel-Plaas, refused permission for the burial, disputing that ESTA conferred a right to bury on land different from where the occupier resided and denying that prior owners’ consent bound it.

The court granted the urgent order permitting the applicants to bury the deceased on Middel-Plaas and interdicted the respondent from interfering with the burial. Leave to appeal sought by the respondent was refused.

The case clarifies the application of section 6(2)(dA) of ESTA and affirms a purposive, context-sensitive interpretation that protects occupiers’ burial rights grounded in established practice, religion and culture. It demonstrates that rigid cadastral distinctions may yield to historical land use practices in appropriate circumstances, strengthening tenure security for rural occupiers.