Nkosi v Bührmann

The first appellant, Grace Chrissie Nkosi, resided as an occupier on a farm owned by the respondent under the Extension of Security of Tenure Act 62 of 1997 (ESTA). She sought to bury her deceased son on the farm, relying on her religious and cultural beliefs and the existence of ancestral family graves on the land dating back to the time of the respondent’s father, the previous owner. The respondent refused consent. After conflicting outcomes in the High Court and the Full Court, the matter came before the Supreme Court of Appeal to determine whether ESTA or the Constitution entitled an occupier to bury a family member on land without the owner’s consent.

The appeal was dismissed, and the interdict preventing the burial of the deceased on the respondent’s farm was upheld.

This case is a leading authority on the limits of occupiers’ rights under ESTA and clarifies that freedom of religion does not automatically entitle occupiers to use land for burial without consent. It affirms the protection of landowners’ property rights and establishes that burial rights must be based on consent or specific legal entitlement. The judgment is central to balancing constitutional rights in the context of land tenure reform.