Appeal over farm burial

2008-01-31 00:00

THE KZN Agriculture Department is taking a Newcastle farmer to the high court for refusing burial rights to a family of a 64-year-old man who allegedly lived on the farm.

The move follows a ruling by the Newcastle Magistrate’s court in favour of Jacob Daniel Swart, the owner of Donkerhoek farm at Normandien, outside Newcastle.

Swart refused to allow the family of Anton Kubheka, who died early this month, to bury him on the farm, claiming that Kubheka never lived on his farm.

Kubheka’s family say he had lived on the farm “for many years”, and was simply visiting relatives in Bergville when he died there.

The Newcastle court, however, found no evidence of Kubheka having lived on the farm.

“We have noted the ruling of the court and together with our provincial land reform office, are taking the matter further to the high court as the family is adamant that the deceased had been resident on the farm for a number of years and therefore they would like to bury him on the farm,” Agriculture MEC Mtholephi Mthimkhulu said in a statement.

He appealed to the other tenants on the farm to let the legal process run its course, after they allegedly threatened to bury Kubheka on the farm irrespective of the court outcome.

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