In October 2015, Basson was shortlisted and interviewed for possible appointment to fill vacancies arising in the
Gauteng Division of the
High Court of South Africa. During the interviews, Deputy Chief Justice
Dikgang Moseneke lauded her "simply remarkable" academic performance. She was one of six candidates whom the Judicial Service Commission recommended for appointment to the vacancies, and President
Jacob Zuma confirmed her appointment in December 2015, with effect from 1 January 2016.
Notable judgements In November 2018, sitting in the
Pretoria High Court, Basson handed down judgement in
Baleni v Minister of Mineral Resources, sometimes known as the Xolobeni judgement. The case concerned community opposition to the
Xolobeni mine, a proposed
titanium mine in the
Wild Coast region of the
Eastern Cape. Basson affirmed that customary communities had
customary rights to their land and agreed with the applicants' counsel,
Tembeka Ngcukaitobi, that the Interim Protection of Informal Land Rights Act obliged the
Minister of Mineral Resources to obtain the full consent of affected customary communities before granting commercial mining rights under the
Mineral and Petroleum Resources Development Act. In January 2022, in an application brought by the
Organisation Undoing Tax Abuse, Basson ruled that the national
Administrative Adjudication of Road Traffic Offences Act was unconstitutional insofar as it intruded upon
local and
provincial competences. However, in July 2023, the
Constitutional Court unanimously overruled her in
Organisation Undoing Tax Abuse v Minister of Transport, with Chief Justice
Ray Zondo writing that the
Constitution provided for the national
Parliament to take on the relevant competences.
Higher courts Basson was an acting judge in the Constitutional Court from July 2018 to December 2018, Interviews were held in April, and Basson was asked about her recent
Baleni judgement, about
land reform, and, by Supreme Court Justice
Azhar Cachalia, about her apparent lack of experience in
private law. She told the panel that she did not hesitate to engage in
judicial activism and that her academic experience would assist her on the Constitutional Court. Following the interviews, the Judicial Service Commission recommended Basson and four others –
Jody Kollapen,
Steven Majiedt,
Zukisa Tshiqi, and
Patricia Goliath – as suitable for appointment. However, in September 2019, President
Cyril Ramaphosa announced that he had elected to appoint Tshiqi and Majiedt, who widely been viewed as the frontrunners. == Personal life ==