Papers by Anél Du Plessis
Age-Inclusive ICT Innovation for Service Delivery in South Africa, 2022
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The Cambridge Handbook of the Sustainable Development Goals and International Law
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South African Law Journal
This article probes one aspect of spatial (in)justice and slow spatial transformation in South Af... more This article probes one aspect of spatial (in)justice and slow spatial transformation in South Africa’s cities. The focus is not so much on case studies or an analysis of persisting spatial injustices. Instead, the article focuses on the legal premises and the apparently colliding legal pathways for sound municipal finance management and spatial justice. It specifically questions, through a mixed research method, the extent to which the co-existence of the Spatial Planning and Land Use Management Act 16 of 2013 (‘SPLUMA’) and the Local Government: Municipal Finance Management Act 56 of 2003 (‘MFMA’), as two Acts in the suite of post-apartheid South African local government legislation, runs the risk of thwarting local government efforts to transform social and physical space in the country’s cities. This question is considered through an exploratory review of the Acts, empirical findings, and a consideration of the limited theory on the interoperability of laws.
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Edward Elgar Publishing, Aug 1, 2021
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Transboundary Governance of Biodiversity, 2014
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Stell LR, 2007
Abstract: Gevalle van gesinsgeweld en mishandeling kom toenemend in Suid-Afrika voor. Die wyse wa... more Abstract: Gevalle van gesinsgeweld en mishandeling kom toenemend in Suid-Afrika voor. Die wyse waarop die adversiewe hofstelsel met vrouens en kinders as slagoffers van hierdie sosiale verskynsels omgaan, is van kardinale belang by die aanspreek van ...
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SA Public Law, 2009
Abstract: This article critically reviews the core of the statutory environmental law framework t... more Abstract: This article critically reviews the core of the statutory environmental law framework that currently regulates local environmental governance in South Africa in order to distill and critically reflect on some common strengths and weaknesses. Particular attention is paid to ...
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Verfassung und Recht in Übersee, 2022
This article evaluates the judicial enforcement of provincial interventions in municipalities as ... more This article evaluates the judicial enforcement of provincial interventions in municipalities as a viable response to the collapse of local government in South Africa. We argue that when relations between municipalities and their communities have deteriorated to a level of deep mistrust and collapse, and when there is dismal service delivery, there is a case for the courts to order unresponsive provincial authorities to intervene in municipalities as provided for in law. Such interventions are necessary in the name of intergovernmental support and co-responsibility. They protect the rights of communities. However, reality shows that judicially ordered interventions are simplistic solutions that do not do justice to the legal and political complexities around such interventions. Party politics and the need for sustained good local governance often clash when the judiciary orders provincial executives to intervene in failing municipalities. Consideration of the aftermath of judicially ordered interventions in selected cases in this article confirms that whereas litigation may enforce the law around provincial interventions and municipal duties, it is a short-term fix that does not bring sustainable solutions to the collapse of local government. Instead, it often exacerbates the situation.
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South African Journal of Environmental Law and Policy, 2018
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Southern African Public Law, 2019
This article considers the right to protest and pilots an initial legal response to the phenomeno... more This article considers the right to protest and pilots an initial legal response to the phenomenon of community protest against the global policy ideal of a safe urban space, determined in Sustainable Development Goals (SDGs) 11 and 16. First, there is a discussion about the global desire for safe(r) cities and the threats to such safety. Second, the causes and effects of community protest and the politics of urban space are considered. Third, there is a discussion of the City of Cape Town’s safety profile and the occurrence of community protests as an illustration of the conceptual frameworks in parts one and two. The authors conclude with some observations on the notion of safe cities and communities as embodied in SDGs 11 and 16, and reflect in brief on a future research agenda from the perspective of law.
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QUT Law Review, 2006
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Tilburg Law Review, 2007
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Boloka, ...
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Teaching and Learning in Environmental Law, 2021
A book on teaching and learning in environmental law is justified, given the emergence of environ... more A book on teaching and learning in environmental law is justified, given the emergence of environmental law as a regular component of the law curriculum in many countries and the widespread use of innovative and distinctive teaching methodologies in courses on this subject. In addition, an examination of the challenges in designing and delivering an environmental law course can assist scholars who are at an early stage of teaching in this area. Environmental law has evolved from having status as a marginal aspect of legal education to become a new and dynamic sub-discipline that constitutes a part of the mainstream of legal scholarship and education in many parts of the world. This evolution is reflected in the burgeoning body of publications in this field and in the emergence of an expanding community of environmental law scholars, particularly through the IUCN Academy of Environmental Law. examines ways of addressing the challenges that arise in designing and delivering an environ...
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Sustainable Development Goals
Goal 11 of the Sustainable Development Goals (SDGs) sets out to make cities inclusive, safe, resi... more Goal 11 of the Sustainable Development Goals (SDGs) sets out to make cities inclusive, safe, resilient and sustainable by 2030. Together with the New Urban Agenda adopted at the Habitat III conference in Quito in 2016, SDG 11 is the latest emanation of the thickening layer of international normative guidance on questions of sustainable development and urban governance. This chapter argues that Goal 11 of the SDGs is a clear expression of the urban turn, as it were, in global governance. The contribution contextualizes the setting in which SDG 11 is inserted as well as the aspirations of Goal 11. The chapter also unearths the inherent contradictions of SDG 11 since not all of its sub-goals will be attainable at the same time and without negatively impacting on some of the other SDGs. For instance, the notions of ‘safety’ and ‘inclusiveness’ might well conflict with each other. The chapter concludes with a critical view on some of the general implementation risks and challenges associated with SDG 11.
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Although climate change litigation is rapidly increasing worldwide, and despite Africa being one ... more Although climate change litigation is rapidly increasing worldwide, and despite Africa being one of the regions predicted to be most severely affected by climate change, the continent has not yet seen any significant growth in this specialized form of litigation. Only a comparatively small number of court cases have to date been recognized as climate change conflicts in Africa. While briefly reflecting on possible reasons for this surprising trend, the primary objective of this article is to offer a first comprehensive interrogation of the state and future prospects of climate change litigation in Africa with a focus on three cases from South Africa, Uganda and Nigeria. The analysis commences with a characterization of current trends in and forms of climate change litigation that are emerging the world over, including a brief assessment of the types of climate change conflicts that are usually litigated, and the challenges and advantages associated with this specialized form of liti...
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Papers by Anél Du Plessis