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Nonkosi Mhlantla
Nonkosi Zoliswa Mhlantla (born 2 May 1964) is a South African judge of the Constitutional Court of South Africa, Constitutional Court. Elevated to that court in December 2015, she was formerly a judge of the Supreme Court of Appeal (South Africa), Supreme Court of Appeal between December 2008 and November 2015. She entered legal practice as an attorney in her hometown, Port Elizabeth, and joined the bench in June 2002, becoming the first woman ever to be appointed to the Eastern Cape Division of the High Court of South Africa. Early life and career Mhlantla was born on 2 May 1964 in Port Elizabeth in the Eastern Cape. She grew up in the Port Elizabeth Township (South Africa), townships of KwaZakele, KwaZakhele and New Brighton, Eastern Cape, New Brighton. In 1982, she matriculated at Kenneth Masekela High School in KwaThema, a township outside Springs, South Africa, Springs in the former Transvaal (province), Transvaal, and she went on to the University of the North, where she ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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New Brighton, Eastern Cape
New Brighton is a township in the Eastern Cape, South Africa. It forms part of the greater township of Ibhayi and the Nelson Mandela Bay Metropolitan Municipality which governs Port Elizabeth and its surroundings. History It was established in 1902, and was the first officially black residential area in the greater Port Elizabeth area. Prior to the establishment of New Brighton as the first black township, there was a demolishing of the then Black residential area in 1902 where the personal belongings of the Black residents were arbitrarily destroyed, and restrictions imposed upon their travel outside the demarcated area. The racially segregated township of New Brighton was established in 1902 on the outskirts of Port Elizabeth, some 8 km north of the city centre, to house families who had been forcefully removed in the previous years. . Many of Athol Fugard's plays are set in New Brighton. As part of the governing modus-operandi of the Colonial Government of the 19th c ...
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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 mo ...
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Mogoeng Mogoeng
Mogoeng Thomas Reetsang Mogoeng (born 14 January 1961) is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021. Early life Mogoeng was born on 14 January 1961 in Goo-Mokgatha ( Koffiekraal) village near Zeerust in the North West Province. His father was a miner and his mother a domestic worker. Mogoeng became politically active at high school, from which he was briefly suspended for organising a memorial to the victims of the Soweto uprising. Mogoeng received a B.Juris in 1983 from the University of Zululand and a Bachelor of Laws in 1985 from the University of Natal. There he had been active in the Azanian Students' Movement during a time of grave repression by the SADF. From 1985 he worked for the government of Bophuthatswana as a High Court prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law ( ...
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Johann Van Der Westhuizen
Johann van der Westhuizen (born 26 May 1952 in Windhoek, South West Africa (now Namibia) is a former judge of the Constitutional Court of South Africa. Before his judicial appointment, he was a professor at the University of Pretoria Faculty of Law and the founding director of its Centre for Human Rights. Early life Van der Westhuizen was born in Windhoek, South West Africa (now Namibia). He went to school there and in Pretoria. He received a BA in 1973, an LLB in 1975 (receiving the Grotius medal as the best final-year law student), and an LLD in 1980, all from the University of Pretoria. Legal career Van der Westhuizen was professor (from 1980 to 1998) and head (from 1980 to 1994) of the Department of Legal History, Comparative Law and Legal Philosophy in the University of Pretoria's Faculty of Law. He was the founding director of the university's Centre for Human Rights from 1986 to 1998. The Centre played a prominent role in legal resistance to apartheid and in the deb ...
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Edwin Cameron
Edwin Cameron SCOB (born 15 February 1953 in Pretoria) is a retired judge who served as a Justice of the Constitutional Court of South Africa. He is well known for his HIV/AIDS and gay-rights activism and was hailed by Nelson Mandela as "one of South Africa's new heroes". President Ramaphosa appointed him as Inspecting Judge of Correctional Services from 1 January 2020 and in October 2019 he was elected Chancellor of Stellenbosch University. Early life Cameron was born in Pretoria. His father was imprisoned for car theft and his mother did not have the means to support him. He therefore spent much of his childhood in an orphanage in Queenstown. His elder sister was killed when Cameron was seven. Cameron won a scholarship to attend Pretoria Boys High School, one of South Africa's best state schools, and reinvented himself, he says, "in the guise of a clever schoolboy". Thereafter he went to Stellenbosch University, studying Latin and classics. Here he stayed at Wilgenhof Me ...
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Small Claims Court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States. Purpose and operation The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms a large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousand ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or ' arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commerci ...
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Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), ...
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Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's Minoritarianism, minority White South Africans, white population. According to this system of social stratification, white citizens had the highest status, followed by Indian South Africans, Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The f ...
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South African Criminal Law
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt ''et al.'', a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society. In South Africa, as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. The sources of South African criminal law are to be found in the common law, in case law and in legislation. Criminal law (which is to be distinguished from its civil counterpart) forms part of the public law of South Africa, as well as of t ...
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Attorneys In South Africa
In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists litigators. Attorneys may form professional firms and practice in partnerships, ranging in size to the "Big Five" law firms. The profession is regulated by the ''Attorneys Act, 1979 (Act No. 53 of 1979)''. See: Advocates in South Africa. There are currently around 21400 attorneys and 5000 candidate attorneys in South Africa, each of which are represented by the LSSA (Law Society of South Africa) Training For admission as an attorney, the academic qualification required is an LLB from a South African university; see and Legal education in South Africa. (Historically, the B.Proc. degree was also offered.) One then serves "articles" as a candidate attorney with a practicing attorney for a period specified according to the qualification of the candidate (generally two years if an appropriate legal degree has been obtained); the len ...
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