Desmond Ettienne Döman v Kgabo Gabriel Selomo

The appellant, Dr Desmond Ettienne Döman, owned a farm in Limpopo. The respondent, Mr Kgabo Gabriel Selomo, had lived on the farm for decades with his family and had family members buried there. After the death of his daughter in February 2013, Mr Selomo sought permission to bury her on the farm. Dr Döman refused. Mr Selomo brought an urgent application in the Land Claims Court, relying on s 6(2)(dA) of the Extension of Security of Tenure Act 62 of 1997 (ESTA), claiming a right as an occupier to bury his daughter on the farm. The Land Claims Court granted the order, and the burial took place on 23 March 2013. Dr Döman appealed, contending that Mr Selomo no longer resided on the farm and that the court a quo erred in its reasoning.

The appeal was dismissed in terms of s 16(2)(a)(i) of the Superior Courts Act 10 of 2013, with no order as to costs.

The case reaffirms the principle that South African appellate courts will not decide appeals that are moot and would have no practical effect, even where a party fears adverse precedent. It underscores the operation of s 16(2)(a)(i) of the Superior Courts Act and the judiciary’s reluctance to engage in abstract or academic disputes.