Constitutional Court rules - tenure grazing rights confirmed

The Constitutional Court has confirmed that under the Extension of Security of Tenure Act, consent to graze livestock is a protected right. This precedent ruling reinforces that tenure security is not just about shelter, but about the lived practices that sustain dignity and rural life.

- Jaundré Kruger | National Manager | CEO SA | [e-mail] |

On 1 August 2025, the Constitutional Court handed down an unanimous judgment, in Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16 (1 August 2025),[1] that will no doubt reshape how we understand the rights of occupiers under the Extension of Security of Tenure Act (ESTA). At the heart of the matter was a deceptively simple question: Does the right to graze cattle enjoy protection under ESTA?

The case stemmed from a dispute between the Moladora Trust, which owns a farm purchased in 2003, and the Mereki family, longtime occupiers of the land. After the death of their mother, who had been permitted to graze five head of cattle, her sons continued to reside on the farm and graze nine heads of cattle. The Trust insisted that the right to graze had been personal to their late mother and did not extend to her children. The Merekis argued otherwise, ultimately placing the matter before the country's highest court.

The journey through the courts

The Land Claims Court (LCC) had ruled in favour of the Merekis, finding that grazing rights, once granted, formed part of tenure rights protected by ESTA. Terminating such rights without following the statutory procedures could amount to an eviction. The Supreme Court of Appeal (SCA) disagreed, holding that the Merekis never obtained express consent and that their mother's right could not be inherited. The SCA accordingly ordered the removal of their livestock.