- Potchefstroom, North-West, South Africa
Willemien Du plessis
North-West University, Legal Faculty, Faculty Member
- Professor of Law, North-West University, South Africa. Research Interests: Environmental law, Legal Pluralism, Legal history. Teaches: Environmental Law, Legal historyedit
Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die NWU Institusionele Versameling.
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While the report period was dominated by the review process of the property clause, aimed at enabling the expropriation of land for land reform purposes at nil compensation, various other important developments occurred in 2021, dealing... more
While the report period was dominated by the review process of the property clause, aimed at enabling the expropriation of land for land reform purposes at nil compensation, various other important developments occurred in 2021, dealing with land. Included herewith was the publication of various bills, dealing inter alia, with the Land Court and housing-related matters; the publication of the long-awaited Upgrading of Land Rights Amendment Act, as well as the handing down of critical judgments within the domains of redistribution, tenure reform and restitution respectively. Given that the review process did not result in an amended property clause, the underlying difficulties in land reform continue to be addressed holistically under the extant, unchanged section 25 of the Constitution.
ABSTRACT This contribution discusses the South African Law Commission's proposals for changes to the customary law of succession.
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Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products 2004 (2) SA 393 (E)
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Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products 2004 (2) SA 393 (E)
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Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die NWU Institusionele Versameling.
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Please help us populate SUNScholar with the post print version of this article. It can be e-mailed to: scholar@sun.ac.zaRegsgeleerdheidPubliekre
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This annual report addresses some statutory developments and case law concerning unrest, violence, crime statistics, violent protests, truth and reconciliation, security services, and arms and ammunition. There is a noted decrease in... more
This annual report addresses some statutory developments and case law concerning unrest, violence, crime statistics, violent protests, truth and reconciliation, security services, and arms and ammunition. There is a noted decrease in crime during the reporting period. This may be attributed to the COVID-19 lockdown restrictions on the movement of people. It is questionable whether the decline in crime statistics will continue. Violent protests ascribed to the incarceration of former President Zuma erupted during this period. The Civilian Secretariat for Police Service’s Integrated Crime and Violence Prevention Strategy was published for comment. Family members of victims of gross human rights violations during apartheid still await the institution of criminal proceedings against the perpetrators. As espoused in a court decision, prisoners may not exercise conjugal rights while in a correctional facility. Several court cases dealt with the actions and activities of the security force...
Covid-19 had a profound impact on South Africa, not only in relation to its health system but also in relation to matters such as access to land and adequate housing. This note discusses, amongst other, the case law focusing on evictions... more
Covid-19 had a profound impact on South Africa, not only in relation to its health system but also in relation to matters such as access to land and adequate housing. This note discusses, amongst other, the case law focusing on evictions and housing reported during 2020. The note also indicates that restitution remains a complex matter that is not going to be resolved soon. The proposed 2020 amendments to the Constitution of the Republic of South Africa, 1996 and the proposed Expropriation Bill are further analysed. The proposed amendment legislation in relation to upgrading of land rights to give effect to Constitutional Court decisions is referred to. This note includes the most important 2020 land reform developments pertaining to section 25 of the Constitution and expropriation, land restitution, land reform legislation, unlawful occupation, housing, deeds, sectional titles land redistribution and rural development.
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This contribution reviews the book entitled "Responsible Mining: Key Principles for Industry Integrity" authored by Sara Bice and published by Routledge in 2016.
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The year 2019 was characterised by gang and taxi violence. In the reporting period, the South African Police Services published the 2018 crime statistics, revealing an alarming increase in violent crimes. The annual report of the... more
The year 2019 was characterised by gang and taxi violence. In the reporting period, the South African Police Services published the 2018 crime statistics, revealing an alarming increase in violent crimes. The annual report of the Inspectorate Judge of Correctional Services revealed that prisons remain overcrowded. Section 12(1)(a) of the Gatherings Act 205 of 1993 was declared unconstitutional. Regulations to assist dependents of victims of apartheid in relation to basic and higher education, were amended. Police corruption was addressed and neighbourhood watches in the Western Cape were accredited. In this article, two cases that dealt with parole are discussed regarding the calculation of the date of parole, as well as a court’s order regarding the minimum sentence that a prisoner has to serve, before he or she can apply for parole. A decision of the Western Cape High Court is discussed in relation to the treatment of transgender prisoners. The independence of the Judicial Inspect...
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COVID-19 had a severe impact on the lives of South Africans. Despite lockdown measures, unrest and violence continued unabated. The South African Police Services’ crime statistics reveal that, in some instances, less violent crimes were... more
COVID-19 had a severe impact on the lives of South Africans. Despite lockdown measures, unrest and violence continued unabated. The South African Police Services’ crime statistics reveal that, in some instances, less violent crimes were committed. Inquiries into taxi, police, and defence force violence during lockdown were also conducted. The Khosa v Minister of Defence case is dealt with in more detail in this regard. Violent protests continued despite lockdown measures. The Truth and Reconciliation Commission’s assistance to victims of apartheid in relation to basic and higher education was increased. The Department of Correctional Services had to reassess its parole system to ensure that violent criminals released on parole do not commit additional crimes. Despite this, numerous prisoners were released to lessen the pressure on prisons in a time of COVID-19. The Constitutional Court also addressed the Judicial Inspectorate’s lack of resources to conduct its work properly. The est...
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Thesis (MA)--PU for CHE, 1999.Aim of the study. The aim of the study was to investigate the right to environmental information in the United States of America, European Union, Netherlands and Germany in order to make proposals regarding... more
Thesis (MA)--PU for CHE, 1999.Aim of the study. The aim of the study was to investigate the right to environmental information in the United States of America, European Union, Netherlands and Germany in order to make proposals regarding the existing and recommendations for South African legislation. Research method. The study was mainly a literature study of the most important legislative measures and other material dealing with the right to environmental information. The research methodology employed was the legal comparative approach. Core findings: Section 32 of the Constitution of the Republic of South Africa 108 of 1996 provides for a right to information. Read with section 24 of the Constitution that provides for a right to an environment that is not harmful to a person's health or well-being, it is argued that this entitles a person to a right to environmental information. Section 31 of the National Environmental Management Act 107 of 1998 includes such a right. The right to environmental information has been enforced in the European Union by the Directive on Access to Environmental Information as well as by national legislation in the member states (e.g. Germany and the Netherlands). In the United States of America the Freedom of Information Act is used to obtain environmental information. It seems that the legislation and the interpretation of the legislation in these countries and the European Union have created problems but have also contributed to the establishment of a culture of openness regarding environmental matters. Certain advantages of and problems relating to the right to environmental information are indicated in this study. It is inter alia concluded that there should be a right to environmental information and that this right should be properly enforced. It is also argued that exceptions to the right should be limited and that the exception of confidential commercial information should not be applied absolutely. It is further recommended that the right to environmental information should be enforceable not only against the state but also against private institutions.Doctora
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At the tenth Convention on Biological Diversity (CBD) Conference of the Parties (COP) held in Nagoya 2010, the parties agreed that they would by 2020 enhance 'ecosystem resilience and the contribution of biodiversity to carbon stocks... more
At the tenth Convention on Biological Diversity (CBD) Conference of the Parties (COP) held in Nagoya 2010, the parties agreed that they would by 2020 enhance 'ecosystem resilience and the contribution of biodiversity to carbon stocks …, through conservation and restoration, including restoration of at least 15 per cent of degraded ecosystems, thereby contributing to climate change mitigation and adaptation and to combating desertification' (Aichi Target 15, Decision X/2 (Strategic Plan for Biodiversity 2011-2020)).
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Tthis note discusses the most important legal measures and court decisions pertaining to the three legs of land reform (restitution, redistribution and tenure reform), as well as unlawful occupation, housing, land-use planning, deeds and... more
Tthis note discusses the most important legal measures and court decisions pertaining to the three legs of land reform (restitution, redistribution and tenure reform), as well as unlawful occupation, housing, land-use planning, deeds and sectional titles.
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Die SAPD se 2010/2011 Misdaadsverslag van 8 September 2011 stel dat 2 071 487 ernstige misdade in 2010/11 geregistreer is. Die getal weerspieel 'n afname in die regering se teiken (daar was â??n 2.4% afname in vergelyking met die 2... more
Die SAPD se 2010/2011 Misdaadsverslag van 8 September 2011 stel dat 2 071 487 ernstige misdade in 2010/11 geregistreer is. Die getal weerspieel 'n afname in die regering se teiken (daar was â??n 2.4% afname in vergelyking met die 2 121 887 ernstige misdade wat in die vorige finansiele jaar geregistreer was). Die verhouding ernstige misdade per 100 000 mense het met 3.7% afgeneem (van 4 302.1 tot 4 143.6). Meeste misdaadsyfers van die 2010/11 finansiele jaar het, in vergelyking met die 2009/10 finansiele jaar, gedaal (die volgende ratio statistieke dien as voorbeelde: moord met 6.5%, poging tot moord met 12.2%, roof met verswarende omstandighede met 12%, diefstal van 'n motor of motorfiets met 11.3% en winkeldiefstal met 12.7%). Daar was egter ook 'n aantal misdade wat toegeneem het in hierdie tydperk (bv diefstal uit of van 'n motor met 0.4%, dwelmverwante misdade met 10.2% en bestuur onder die invloed van drank of dwelms met 4.5%). Motorkapings het met 23.6% afgenee...
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Suid-Afrika is tans 127ste uit 158 lande op 'n wereldvredesindeks (www.visionofhumanity.org). In ses jaar het Suid-Afrika 29 plekke gedaal. Die indeks kyk onder meer na militere besteding, geweld en respek vir menseregte. Suid-Afrika... more
Suid-Afrika is tans 127ste uit 158 lande op 'n wereldvredesindeks (www.visionofhumanity.org). In ses jaar het Suid-Afrika 29 plekke gedaal. Die indeks kyk onder meer na militere besteding, geweld en respek vir menseregte. Suid-Afrika se buurlande (buiten Zimbabwe) le onder die eerste 60 lande (sien ook Meyer 'SA val ver op vredesindeks' Beeld (2012-06-26) 13). Verskeie vorme van geweld het in die verslagtyd voorgekom, waarvan die opspraakwekkendste geweld die van stakers in die Marikana-gebied was. Verskeie stakings landwyd het daarna gevolg (Anon 'Mining unrest not symptom of inequality' Mail and Guardian (2010-09-27) 2; Steyn 'Rand in free fall as investors flee over strike unrest' http://mg/co/za/article/2012-10-08-rand-in-free-fall-as-investors-flee-overstrike-unrest (datum van gebruik 2012-10-09)). Bendegeweld het ook voorgekom en die hulp van die verdedigingsmag is gevra om bendegeweld in die Wes-Kaap onder bedwang te bring (Styan 'Bendes: SAPD ...
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This thoughtful book provides an overview of the major developments in the theory and practice of ‘environmental justice’. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical... more
This thoughtful book provides an overview of the major developments in the theory and practice of ‘environmental justice’. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment. The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth’s benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In th...
A report was published on government's performance in the ten years of democracy (Towards a ten year review).
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At a recent colloquium of the University of Cape Town’s Mineral Law in Africa’s initiative the position of gender and mining were discussed. The discussion raised many issues pertaining to women’s position in relation to mining in... more
At a recent colloquium of the University of Cape Town’s Mineral Law in Africa’s initiative the position of gender and mining were discussed. The discussion raised many issues pertaining to women’s position in relation to mining in Africa.Tapiero states that “worldwide between 80 and 100 million people are directly and indirectly dependent on non-industrial forms of mining for their livelihoods. Of these, an estimated 30% are women.” The same author then indicates that mining carries risks for women as mining may result in a poor distribution of the mining benefits between men and women; it may lead to social disruption, including matters such as domestic violence, loss of agricultural land and environmental damage and pollution. When decisions are made with regard to mining projects, women are not always consulted and they do not have, due to cultural or religious reasons, a say in decision-making, either with regard to employment, or the placing of a mine. There may also be other l...
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... See also C Rautenbach 'The Administration of Black Estates: Life Before and After 5 December 2002' (2004) 2 THRHR 1. Page 2. (2006) 22 SAJHR The two High Court decisions in Bhe and Shibi shied away from declaring the rule of... more
... See also C Rautenbach 'The Administration of Black Estates: Life Before and After 5 December 2002' (2004) 2 THRHR 1. Page 2. (2006) 22 SAJHR The two High Court decisions in Bhe and Shibi shied away from declaring the rule of primogeniture unconstitutional. ...
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There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently legal... more
There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently legal recognition was confirmed in the Constitution of the Republic of South Africa Act 108 of 1996. Additional recognition of Traditional Leaders and the institution of Traditional Leadership is found in the various provincial legislation providing for Provincial Houses of Traditional Leaders and the establishment and functioning of the National Council of Traditional Leaders. Yet the institution of Traditional Leadership has over the past few years given rise to much controversy. There are those who argue that the institution is outdated and others who regard Traditional Leaders as custodians of customary values and the only leaders who are truly responsible for the well being of communities historically and religiously entrusted to them. Traditional leaders ful...
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This note highlights the practical implications of the listing of different functional areas in Schedules 4 and 5 of the 1996 Constitution for environmental governance. To this end, co-operative governance, the definition of... more
This note highlights the practical implications of the listing of different functional areas in Schedules 4 and 5 of the 1996 Constitution for environmental governance. To this end, co-operative governance, the definition of ‘environment’, tools for environmental governance and environmental functions of the spheres of government are discussed. A case study that involves the Potchefstroom City Council, the Department of Water Affairs and Forestry and a gold mine, highlights the potential conflicts and problems that could arise. Fortunately these parties entered into an environmental management co-operation agreement (hereafter EMCA), thus applying a creative, albeit interim solution to resolve issues and give effect to principles of co-operative governance as set out in the 1996 Constitution and the NEMA. This note in addition suggests both interim and long-term solutions to the inconsistencies identified.