Papers by Willemien Du plessis
Journal of law, society and development, Dec 12, 2023
Despite extant overarching legislative measures, new legislative measures, and other initiatives,... more Despite extant overarching legislative measures, new legislative measures, and other initiatives, crime and violence are still rife in South Africa. This contribution highlights the increase in crime statistics and elaborates on matters connected therewith, including shortcomings in the services dedicated to crime prevention and the country's protection. Recent developments within the broad domains of security services regarding legislation and case law handed down are discussed. Concerns like domestic and gender-based violence and new approaches to extant threats, like terrorism, are further canvassed in the contribution. Additionally, matters linked to security, unrest, and violence are examined. These issues include correctional services, developments linked to arms and ammunition, and national security and reconciliation.
Tydskrif vir Hedendaagse Romeins-Hollandse Reg, 1991
Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die N... more Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die NWU Institusionele Versameling.
Koers - Bulletin for Christian Scholarship, 1990
The South African judiciary prefers non-critical interpretation of the law (especially legislatio... more The South African judiciary prefers non-critical interpretation of the law (especially legislation). In the Netherlands and Germany there is an ongoing debate on the role of the judiciary as lawmakers. In South Africa, however, the discussion o f new ways of interpretation o f legislation has up till now excluded this possibility. In this article a short overview o f lawmaking in general is given. Following that, lawmaking in the interpretation o f legislation is discussed with reference to the role of equity, the interpretation o f general terms and phrases, the filling o f gaps in legislation, the modification of strict law, the role of discretionary powers and the testing o f legislation. The aim of the article is to add another point o f view to the present debate on law reform, of which the interpretation of statutes is, amongs other aspects, a central theme. This is especially relevant considering the rol of the Smith African judiciary subsequent to the introduction o f a Bill o f Rights.
Southern African Public Law
While the report period was dominated by the review process of the property clause, aimed at enab... 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.
De Jure, 2003
ABSTRACT This contribution discusses the South African Law Commission's proposals for cha... more ABSTRACT This contribution discusses the South African Law Commission's proposals for changes to the customary law of succession.
South African Public Law, 2001
Journal of juridical science, 1989
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products 2004 (2) SA 393 (E)
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products 2004 (2) SA 393 (E)
South Africa's energy legislation is fragmented. Specific issues are regulated by different acts,... more South Africa's energy legislation is fragmented. Specific issues are regulated by different acts, which may confuse developers. One of the major criticisms against South African energy legislation is that it does not address the cycle of sourcing, exploitation, generation or production, transportation, distribution and consumption. These issues are either not dealt with or are to be found in different pieces of legislation. Legislation is focused on governmental control and the functions of the regulators. The pre-1994 dispensation was more focused on exploitation rather than taking into account people and the environment. In recent energy legislation, however, more emphasis is placed on health, safety and environmental matters. In this paper South African legislation dealing with energy and environment is discussed in order to make recommendations for change.
Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die N... more Op 17 September 2013 gee prof. Willemien du Plessis toestemming vir skandering en opname in die NWU Institusionele Versameling.
Koers - Bulletin for Christian Scholarship, 1985
Koers - Bulletin for Christian Scholarship, 1987
South African Journal of Human Rights, 2004
Globalization and Private Law
Please help us populate SUNScholar with the post print version of this article. It can be e-maile... more Please help us populate SUNScholar with the post print version of this article. It can be e-mailed to: [email protected]
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Papers by Willemien Du plessis