Annali Basson
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Annali Basson
Annali Christelle Basson (born 10 October 1960) is a South African judge of the High Court of South Africa. She was appointed to the Gauteng Division in January 2016 after serving in the Labour Court of South Africa, Labour Court from 2007 to 2016. Before her appointment to the bench, she was a legal academic at the University of South Africa, where she specialised in labour law and mercantile law. She was an acting judge in the Constitutional Court of South Africa, Constitutional Court in 2018 and was shortlisted for permanent appointment to that court in 2019. Early life and education Basson was born on 10 October 1960 in Pretoria. She matriculated in 1978 at the Afrikaanse Hoër Meisieskool, Afrikaanse Hoër Meisieskool Pretoria and went on to the University of Pretoria, where she completed a BLC in 1982 and an LLB in 1984. Later, in 1990, she completed an LLD at the University of South Africa, focusing on Three generations of human rights, second-generation human rights ...
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Labour Court Of South Africa
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995, and has a status similar to that of a division of the High Court. It has its seat in Johannesburg and branches in Cape Town, Port Elizabeth and Durban. Judges of the Labour Court, who must be High Court judges or lawyers with experience in labour law, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The court is headed by a Judge President (JP) and a Deputy Judge President (DJP) and there are nine other judges on the court. Each case before the court is heard by a single judge. The Labour Court has exclusive jurisdiction over cases arising from the Labour Relations Act, 1995, which deals with collective bargaining, trade unions, strikes and lockouts, unf ...
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Public Law
Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the R ...
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Customary Rights
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judicial inte ...
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Eastern Cape
The Eastern Cape ( ; ) is one of the nine provinces of South Africa. Its capital is Bhisho, and its largest city is Gqeberha (Port Elizabeth). Due to its climate and nineteenth-century towns, it is a common location for tourists. It is also known for having been home to many anti-apartheid activists, including Nelson Mandela. The second largest province in the country (at 168,966 km2) after the Northern Cape, it was formed in 1994 out of the Xhosa people, Xhosa homelands or bantustans of Transkei and Ciskei, together with the eastern portion of the Cape Province. The central and eastern part of the province is the traditional home of the indigenous Xhosa people. In 1820 this area, which was known as the Xhosa Kingdom, began to be settled by Europeans who originally came from England, Scotland and Ireland. Eastern Cape is the only province in South Africa were the number of Black Africans declined from 86.6% to 85.7% since Apartheid ended in 1994. History The Eastern Cape p ...
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Wild Coast Region, Eastern Cape
The Wild Coast is a section of the coast of the Eastern Cape, a province of South Africa. The region stretches from East London in the south to the border of KwaZulu-Natal in the north. It is the traditional home of the Xhosa, Thembu people, and the Mpondo people, and the birthplace of many prominent South Africans, including Nelson Mandela, Winnie Mandela, Zwelonke Sigcawu, Xolilizwe Sigcawu, Thabo Mbeki. The Wild Coast is crossed by the N2 National Road. History The Wild Coast from the Great Kei River to the Mtamvuna River was part of the former homeland of the Transkei during the Apartheid era. In 1986, a bombing occurred at Wild Coast Casino in Mbizana Local Municipality. Geography Many rivers empty into the sea along the Wild Coast. In the southernmost parts of the region, where the hills are lower, the rivers tend to be mature and are characterized by wide floodplains. But in the rugged north, where young rivers find their path to the sea blocked by massive cliff ...
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Titanium
Titanium is a chemical element; it has symbol Ti and atomic number 22. Found in nature only as an oxide, it can be reduced to produce a lustrous transition metal with a silver color, low density, and high strength, resistant to corrosion in sea water, aqua regia, and chlorine. Titanium was discovered in Cornwall, Great Britain, by William Gregor in 1791 and was named by Martin Heinrich Klaproth after the Titans of Greek mythology. The element occurs within a number of minerals, principally rutile and ilmenite, which are widely distributed in the Earth's crust and lithosphere; it is found in almost all living things, as well as bodies of water, rocks, and soils. The metal is extracted from its principal mineral ores by the Kroll and Hunter processes. The most common compound, titanium dioxide (TiO2), is a popular photocatalyst and is used in the manufacture of white pigments. Other compounds include titanium tetrachloride (TiCl4), a component of smoke screens and cata ...
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Xolobeni Mine
The Xolobeni mine is a proposed titanium mine located in the Wild Coast region of the Eastern Cape of South Africa. The proposed mine has reserves amounting to 348.7 million tonnes of ore grading 5% titanium. The government decision to support the company's 2007 application for Mining Right was challenged by the Amadiba Crisis Committee (AAC), formed in 2007 by local people who would be affected by the mine. The lands have traditionally been held communally by local villages. The subsequent decades-long conflict has been marked by violence. The chairman of the Amadiba Crisis Committee, Sikhosiphi 'Bazooka' Rhadebe, was assassinated in 2016. Amnesty International has called on South Africa to respect the rights of indigenous people and to protect threatened indigenous rights advocates such as Nonhle Mbuthuma, another founder of the ACC. In September 2016 the Minister of Mineral Resources announced an 18-month moratorium on mining in the Xolobeni area. In September 2018, it wa ...
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Pretoria High Court
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transva ...
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Dikgang Moseneke
Dikgang Ernest Moseneke OLG (born 20 December 1947) is a South African jurist and former Deputy Chief Justice of South Africa. Biography Moseneke was born in Pretoria and went to school there. He joined the Pan-Africanist Congress (PAC) at the age of 14."Honorary degree citation: Dikgang Moseneke"Wits University The following year he was arrested, detained and convicted of participating in anti-apartheid activity. He spent ten years as a prisoner on Robben Island, where he met and befriended Nelson Mandela and other leading activists. While imprisoned he obtained a Bachelor of Arts in English and political science and a B.Iuris degree, and would later complete a Bachelor of Laws, all from the University of South Africa. He also served on the disciplinary committee of the prisoners' self-governed association football body, Makana F.A. Moseneke started his professional career as an attorney's articled clerk at Klagbruns Inc in Pretoria in 1973. He was admitted as an attorn ...
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Sindane V Prestige Cleaning Services
''Sindane v Prestige Cleaning Services'' is an important case in South African law, heard in the Labour Court, Johannesburg, on August 28, 2009. Judge Annali Basson presided. David Sindane, bringing an application in terms of section 191(5)(b)(ii) of the Labour Relations Act, appeared for himself; JH de Villiers Botha appeared for the respondent. Facts When one of the respondent's clients scaled down its cleaning requirements, the services of the applicant and a colleague were terminated. Arguments The applicant claimed that he had been unfairly dismissed for the respondent's operational requirements. The respondent claimed that his services had terminated according to the terms of his fixed-term contract, which provided that it would last only while the client required his services, and denied that the applicant had been dismissed. Judgment Dealing first with whether or not the applicant was dismissed, the court noted that, if the respondent's argument were to be accepted, ...
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David Crouch Marketing V Du Plessis
''David Crouch Marketing CC v Du Plessis'' is a decision in South African labour law, handed down on 17 June 2009. The case was heard on 21 May 2009 in the Labour Court of South Africa, sitting in Johannesburg, by Judge Annali Basson. It concerned the enforceability of agreements in restraint of trade. Facts On the return date of an interim order granted by the court to the applicant, the respondent, Mark du Plessis, opposed the confirmation of the order. In terms of the order, the respondent was interdicted * from revealing or disclosing any of the applicant's confidential information, technical know-how and/or financial information; * from competing with the business of the applicant for a period of three years; and * from directly and indirectly—alternatively from unlawfully—competing with the applicant in breach of the respondent's restraint of trade covenant. Judgment The court held that agreements in restraint of trade, voluntarily entered into pursuant to one's rig ...
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Judicial Service Commission (South Africa)
The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa. History In apartheid South Africa, judges were appointed by the President, usually on the direction of the Minister of Justice, and behind closed doors. During the constitutional negotiations, it was decided that the President's power should be moderated by a special body relatively insulated from partisan interests. It was to be composed of a number of politicians, from both the ruling party and the opposition, and non-politicians, and would conduct public interviews. The Judicial Service Commission (JSC) was therefore created by the Interim Constitution. The JSC is now regulated by section 178 of the final Constitution (and by the Judicial Service Commission Act 9 of 1994). Composition In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided more o ...
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