Sandvliet Boerdery (Pty) Ltd v Maria Mampies and Another

The appellant owned Middel-Plaas, while the respondents were long-term occupiers residing on the adjacent Onder-Plaas. For generations, occupiers on the Montina farms (including Onder-Plaas and Middel-Plaas) lived, worked, moved freely across the farms, and buried deceased family members in an established graveyard on Middel-Plaas with the consent of prior owners. The respondents’ niece, Ms Magdalene de Wee, resided on Onder-Plaas at the time of her death. The respondents wished to bury her in the ancestral graveyard on Middel-Plaas in accordance with their religious and cultural practices. The appellant refused consent, arguing that neither the respondents nor the deceased resided on Middel-Plaas, and that the burial right under s 6(2)(dA) of ESTA could not be exercised against it.

The appeal was dismissed with no order as to costs.

This case clarifies the interpretation of s 6(2)(dA) of ESTA and affirms a purposive, context-sensitive approach to land reform legislation. It establishes that the right to bury deceased family members may extend to ancestral graveyards on adjacent or separately registered land forming part of occupiers’ lived environment, thereby strengthening occupiers’ security of tenure and protection of cultural and religious practices.