- Flynote
-
Extension of Security of Tenure Act 62 of 1997 – s 6(2)(dA) –
meaning of ‘reside’ – depends on facts of each case and includes use of a graveyard –
burial right may be invoked against landowner in respect of ancestral graveyard
situated on registered land on which neither an occupier who seeks to bury a deceased
family member nor the deceased had a dwelling at deceased’s death where they
routinely performed sufficient acts in relation to land to regard it as part of land on
which they ‘reside’.
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Cited documents 12
Judgment 7
- Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14 (3 June 2009)
- Daniels v Scribante and Another [2017] ZACC 13 (11 May 2017)
- Department of Land Affairs and Others v Goedgelegen Tropical Fruits (Pty) Ltd [2007] ZACC 12 (6 June 2007)
- Hattingh and Others v Juta [2013] ZACC 5 (14 March 2013)
- Kiepersol Poultry Farm (Pty) Ltd v Phasiya (230/2008) [2009] ZASCA 119 (25 September 2009)
- Pheko and Others v Ekurhuleni Metropolitan Municipality [2011] ZACC 34 (6 December 2011)
- Qoboshiyane NO and Others v Avusa Publishing Eastern Cape (Pty) Ltd and Others (864/2011) [2012] ZASCA 166 (21 November 2012)