Constitutional Court broadens interpretation of grazing rights

IN DECIDING whether the right to graze cattle is afforded protection under the Extension of Security of Tenure Act (ESTA), the Constitutional Court has afforded a broader interpretation to the Act to include not only the right to reside on land but also associated uses such as grazing and cultivation.

- ZELDA VENTER

This followed an appeal before the apex court by three brothers against a Supreme Court of Appeal (SCA) judgment which denied them the right to graze cattle on the land they are staying on. The SCA judgment followed an earlier Land Claims Court judgment, which ruled in favour of the Mereki brothers. They are occupiers in terms of ESTA and reside on a farm owned by a trust in the North West Province.

The trust bought the farm in 2003 and the mother of the brothers previously occupied the farm and used it to graze cattle, but she had meanwhile died.

According to the trust, the late Mrs Mereki derived consent to graze five head of cattle due to her employment at the farm.

According to the trust, the right was personal to Mrs Mereki and was not transferrable to her children upon her death. However, after her death, her sons continued to live on the farm and continued to use the land to graze their nine heads of cattle.