Sandvliet Boerdery (Pty) Ltd v Maria Mampies and Another (107/2018) [2019] ZASCA 100 (8 July 2019)

Citation: Sandvliet Boerdery (Pty) Ltd v Maria Mampies and Another (107/2018) [2019] ZASCA 100 (8 July 2019)
Media Neutral Citation: [2019] ZASCA 100
Hearing date: 23 November 2018
Court: Supreme Court of Appeal of South Africa
Case number: 107/2018
Judges: Maya P, Dambuza JA, Zondi JA, Makgoka JA, Rogers AJA
Judgment date: 8 July 2019
Language: English
Type: Judgment

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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