Dwayne Mining (Private) Limited vs Sheilla Maphosa and others

Key Issues

• {"issue_text":"Whether applicant has established a prima facie case for rei vindicatio","issue_type":"law","dispositive":"yes","related_facts":"Ownership of Site 740, respondent's occupation without consent"}
• {"issue_text":"Whether respondent has a right to occupy the property based on her husband's lease","issue_type":"law","dispositive":"yes","related_facts":"Lease agreement terms, distinction between farm and mining claims"}
• {"issue_text":"Whether section 74 of the Constitution prevents eviction","issue_type":"constitutional","dispositive":"no","related_facts":"Nature of occupation, constitutional protection requirements"}
• {"issue_text":"Whether estoppel applies to prevent eviction","issue_type":"law","dispositive":"no","related_facts":"Representations by applicant, respondent's reliance"}
• {"issue_text":"Whether the property was properly identified for eviction purposes","issue_type":"fact","dispositive":"no","related_facts":"Site Plan, Director's determination, property boundaries"}

Background