Piet Risenga Masingi v Kaalegte Farm 283 KR and Others

The applicant, Piet Risenga Masingi, urgently approached the Land Claims Court seeking a mandamus permitting him to bury his deceased son on Kaalegte Farm 283 KR. The applicant and his family had resided on the farm until 1979, after which they relocated to Ga-Pila Village. Although previous owners had allowed family burials on the farm, the current owners refused consent. The deceased had not resided on the farm since 1979 and died while living elsewhere. The application was brought urgently due to the imminent funeral. The respondents did not oppose or appear.

The application was dismissed. No order as to costs was made.

The case clarifies the scope of burial rights under section 6(2)(dA) of ESTA, emphasizing that such rights are limited to circumstances where the deceased was residing on the land at the time of death. It underscores the temporal limits of occupier rights and the need to balance these against landowners’ property rights.