Papers by Willemien du Plessis
SA Publiekreg = SA Public Law, 2006
Potchefstroom Electronic Law Journal, Jul 10, 2017
South African Journal of Environmental Law and Policy, 2008
Environmental practitioners are sometimes confronted with the following questions regarding confi... more Environmental practitioners are sometimes confronted with the following questions regarding confidentiality o f information. May information that was obtained from an environmental audit, or an environmental impact assessment (EIA) process, be disclosed, either to third parties, or during civil and criminal court proceedings? When is an environmental practitioner obliged to disclose such information? Under which circumstances may an environmental practitioner, in a civil or criminal court, or when requested to do so by individuals or the state, refuse to do so? Many myths surround the issue o f confidentiality o f information. The current legal provisions may not always provide the protection an environmental manager may seek or hope to rely on. There are no clear-cut answers to the questions posed above. Specific circumstances may invoke certain conditions in the various legal provisions and common law, which will in turn necessitate differential duties and responses from environmental practitioners. These may vary from a duty to disclose, to a privilege against self-incrimination. The purpose o f this article is to demystify issues surrounding the duty to disclose versus protection, privilege and confidentiality and to provide guidelines to environmental practitioners.
This thoughtful book provides an overview of the major developments in the theory and practice of... 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 this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples. This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.
SA Publiekreg = SA Public Law, 2005
SA Publiekreg = SA Public Law, 2006
Word and Action = Woord en Daad, 2006
Gedurende Maart 2006 het die Minister van Behuising beweer dat omgewingswetgewing die lewering va... more Gedurende Maart 2006 het die Minister van Behuising beweer dat omgewingswetgewing die lewering van behuising aan armes verhinder. Die lewering van behuising is 'n belangrike prioriteit van die regering. Verskeie verkiesingsbeloftes is daaroor gemaak, maar dit blyk dat die regering nie kan voorbly in die voorsiening van behuising nie. Volgens die Minister moet alle omgewingswette wat behuising verhinder, afgeskaf word.
Die jaarlikse misdaadstatistiek is op Vrydag, 19 September 2014 afgekondig. Wat die Wes-Kaap betr... more Die jaarlikse misdaadstatistiek is op Vrydag, 19 September 2014 afgekondig. Wat die Wes-Kaap betref, is die veiligste plekke dorpies aan die Weskus. Die sleutel tot sukses in die spesifieke dorpies is om alle misdaad, selfs klein misdade, aan te pak (Marais 'Weskus het ses veiligste dorpies' Die Burger (2014-09-24) 5). As klein misdaad dadelik aangespreek word, word groter misdaad dikwels verhoed. Mitchells Plain is die polisiekantoor waar die meeste misdaadvoorvalle die afgelope boekjaar aangemeld is (25,575) en by Nuwerus in Namakwaland (106) is die minste aangemeld.
Potchefstroom Electronic Law Journal, Mar 8, 2017
Southern African Public Law, May 12, 2023
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.
SA Publiekreg = SA Public Law, 2005
A right to information is governed by the Wet Openbaarheid van Bestuur in the Netherlands. The We... more A right to information is governed by the Wet Openbaarheid van Bestuur in the Netherlands. The Wet Openbaarheid van Bestuur limits the right to information by means of certain exceptions in the public interest. Existing criticism is directed at the formulation of these exceptions, and is particularly severe in cases where information regarding state security and the administration of justice is excluded from disclosure. Similar legislation does not exist in South Africa. Regulations concerning disclosure and secrecy of information are found in various statutes. The following recommendations are made for South Africa: A right to information can and should be governed by statute. This right should be restricted by specified exemptions, for example regarding economical, strategic, administrative, social, state security and legal interests. These exceptions must be defined clearly. It should also explicate the position of existing statutory secrecy measures. Proper administrative procedures should be included in the statute. This legislation must be revised continually. Interim control must be exerted by an independent body, for example a court or an ombudsman.
SA Publiekreg = SA Public Law, 2005
SA Publiekreg = SA Public Law, 2004
SA Publiekreg = SA Public Law, 2007
Southern African Public Law, Nov 23, 2017
In some municipal areas, land grabbing was instigated which led to illegal clearing of land and s... more In some municipal areas, land grabbing was instigated which led to illegal clearing of land and settlement even within wetland areas (Coetzee 'Jeugliga-hoof deel grond uit' Beeld (2009-08-11) 4). In the Tshwane Metro Council area informal settlement seems to be orchestrated in certain mining areas. Although the Council is able to provide land to 29 500 people, land invasions are still a common feature and the Council is constantly embroiled in eviction proceedings (Versluis '29 500 kan blyplek kry met plan, hoor hof in uitsettingsaak' Beeld (2010-03-25) 18). In Johannesburg people were evicted from derelict buildings without any alternative accommodation. They paid rent for the flats and were unaware that they were illegal occupants (Thakali 'Red ants evict 1000 from derelict block' Saturday Star (2010-02-13) 5). A Rural Development and Land Reform General Amendment Bill [B33-2010] was introduced into Parliament. The main purpose of this Bill is to 'amend certain laws of which the administration, powers and functions have been transferred to the Minister of Rural Development and Land Reform in terms of Proclamation no 44 of 1 July 2009.' The legislation is amended to reflect the correct names of the Minister, Department and Director-General wherever the amendments are applicable. In this note land the most important measures and court decisions pertaining to restitution, land redistribution, land reform, housing, land use planning, deeds, agriculture and rural development are discussed. 1 2 Land restitution According to a presentation by the Chief Land Claims Commissioner to the Portfolio Committee on Rural Development and Land Reform on 28 October 2009 (http://www .pmg.org.za/files/docs/090811drdala.ppt), a total of 545 rural restitution claims were settled in the 2008/2009 financial year. 1.5 million individuals have benefitted from the restitution programme since 1995, and the total claims settled (as at 2009-03-31) amount to 95.5% of all claims lodged. A total of 15 439 urban claims has been settled through land restoration, 47 726 through financial compensation, and 2 477 through alternative 1 In this note the most important literature, legislation and court decisions are discussed for the period 2009-09-01 to 2010-11-15. Only one note on land matters and rural development will be published in 2010 due to a special edition of the (2010) Southern Africa Public Law. Land matters and rural development: 2010 293 remedies. With regard to rural claims settled, 4 652 claims have been settled through land restoration, 52 288 through financial compensation, and 2 913 through alternative remedies. 108 rural claims have been dismissed. This amounts to a total of 75 400 claims which have been settled (the total land cost being R11 306 194 957). All these statistics relate to the period between 1995 and 2009-03-31. In terms of the briefing document on the analysis of the Annual Report (2008/09) of the Commission on Restitution of Land Rights (http://www.pmg.org.za/files/docs/ 090811analysis.rtf) 4 296 claims are still outstanding, the majority of which are in KwaZulu-Natal (with 1 652 (mostly complex) outstanding claims).
Fundamina: a Journal of Legal History, 2013
On 17 February 2013 Tom de Smidt, a friend of all legal historians in South Africa, died in Haarl... more On 17 February 2013 Tom de Smidt, a friend of all legal historians in South Africa, died in Haarlem (Netherlands) at the age of eighty-nine after a short illness. Because of the Second World War he could only start his academic studies in 1945 and studied law in Leyden from 1945 until 1950. Professor HWFD Fischer asked him to become his assistant in 1947.
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Papers by Willemien du Plessis