Riette Du Plessis - Academia.edu (original) (raw)

Papers by Riette Du Plessis

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Procedural laws play an important role in legal practice through their use in the enforcement of ... more Procedural laws play an important role in legal practice through their use in the enforcement of the substantive rights of members of the public. Civil procedure, criminal procedure, and the law of evidence are the building blocks whereby matters are presented in court. Legal representatives, representing members of the public, should therefore be skilled and professionally trained in procedural laws. Due to their importance, students should not only have a thorough and foundational theoretical knowledge of procedural laws, but also the necessary practical skills in applying their knowledge to practical scenarios, which should be instilled as part of the teaching of procedural modules. The inherent methodological content of conventional teaching methodologies applied when teaching procedural law modules, i.e., the Socratic and case dialogue methodologies, however, prove to be inadequate in transferring the required skills and practical training. Several constituent parties in the le...

Stellenbosch Law Review

In this contribution, available avenues of consumer redress in terms of the Consumer Protection A... more In this contribution, available avenues of consumer redress in terms of the Consumer Protection Act 68 of 2008 (“CPA”) are discussed. The majority of complaints heard by the courts and the National Consumer Tribunal (“NCT”) regarding defective goods entail second-hand cars. These include cases of suppliers’ contempt of findings by the Motor Industry Ombudsman of South Africa (“MIOSA”) in terms of section 70(3)(a), as well as instances where the MIOSA terminates the section 70(2) process and the consumer approaches the National Consumer Commission (“NCC”) in terms of section 71. Processes in the Consumer Protection Act 68 of 2008 are not clearly delineated, leading to unnecessary cross-referrals between different redress mechanisms, such as the MIOSA, the NCC and provincial protection authorities and consumer courts. The NCC’s approach, which is not supported by the CPA, is to avoid investigating individual consumer complaints. The NCC consistently refers matters back to either a dif...

Potchefstroom Electronic Law Journal, 2016

Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universitie... more Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South African university law clinics are reviewed in an effort to find suitable models. It is indicated that formulating a mission for the law clinic will have a direct impact on the clinical model chosen. The integration of CLE courses into the core curriculum of the law school will reveal CLE's value as a teaching methodology. Pedagogic aims can be set and achieved as CLE has intellectual worth in that it enables students to better understand concepts and principles of law and the application thereof in practice. It is therefore recommended that CLE courses be mandatory. The pedagogy of CLE is comprised of three basic components, namely clinical experience, tutorial sessions, and classroom instruction. The extent to which these three components find application in the...

Courts of law have the unenviable task of sometimes having to make a decision on vague rules that... more Courts of law have the unenviable task of sometimes having to make a decision on vague rules that may not only be intrinsically vague, but also rules that, although applicable under one set of circumstances, are unclear in their application under other circumstances.

Journal of juridical science, 2014

Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the... more Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the focus of a university law clinic must be CLE, namely student training. A recurring assessment challenge is large student numbers. The best solution was found in grouping students together in student firms for collaborative work; this also has strong educational benefits. When assessing students working in collaboration, a fair assessment strategy must be employed, as all group members receive the same mark. Clinicians must develop and implement clear grading criteria, in the form of rubrics, which will enable them to grade numerous assignments consistently and fairly. Peer and self-assessment are considered to allow for individual marks in addition to the group mark. Models of firm and group-work assessment and marking criteria are suggested. The use of both collaboration and rubrics can simplify the grading process, which allows clinicians to conduct multiple assessments and feedback c...

Although many different forms of assessment can be successfully applied in clinical legal educati... more Although many different forms of assessment can be successfully applied in clinical legal education (CLE), this article particularly focuses on the use of reflective journals as an assessment tool that, in the authors' view, is well placed for use in CLE courses. Prior to discussing this particular assessment tool, however, certain general parameters within which assessment takes place will be explored. Refleksiejoernale as 'n assesseringsmetode in kliniese regsopleiding Almal is dit eens dat die kliniese regsopleidingskursus nougeset geassesseer moet word indien dit kredietdraend is vir die verwerwing van die LLB-graad. Alhoewel verskeie vorme van assessering met welslae in kliniese regsopleiding toegepas kan word, konsentreer hierdie artikel bepaald op die gebruik van oordenkingsjoernale as assesseringsmetode. As agtergrond word daar eerstens in die bree tussen formatiewe en summatiewe assessering onderskei, waarna die riglyne vir assessering en puntetoekenning sowel as st...

Journal of juridical science, 2008

University law clinics, within the structures that are identified, must satisfy two main objectiv... more University law clinics, within the structures that are identified, must satisfy two main objectives, namely teaching of students and service to clients. The students' and clients' needs must be balanced in order to overcome the gap between their respective needs. The outcomes of research into these sometimes conflicting needs are reflected upon. Students' preparedness for practice, in view of the SAQA exit-level requirements for LLB is discussed. Teaching models are reviewed and curriculum planning methods are suggested. Accommodating the gap between the different needs can best be addressed by teaching in the live client model. Solutions in overcoming the shortcomings of this model are suggested. Oorbrugging van die gaping tussen die behoeftes van studente en die gemeenskap wat hulle dien Regsklinieke by universiteite moet twee hoofdoelwitte, binne die strukture wat hierin aangedui word, bevredig, naamlik die opleiding van studente en dienslewering aan kliente. Die beho...

Journal of juridical science, 2013

Clinician:student ratios in clinical courses at South African university law clinics were found t... more Clinician:student ratios in clinical courses at South African university law clinics were found to be, in some instances, more than three times the ratio recommended at other international jurisdictions. Whether clinical legal education should be a mandatory course in the LLB curriculum and whether the focus of the clinicians should be on student training will be probed. In considering the challenge of large student numbers, the solution of grouping students into student law firms for collaborative work will be proposed. The student firm sizes will be discussed and it will be suggested that students work in pairs within student firms. The firm set-up, its operations and the possibility of social loafing will be discussed. It will be shown that the advantages of collaboration far outweigh any disadvantages. Recommendations will be made and it will be shown that the grouping of students in firms will ensure less contact time with clinicians, which will address their workloads and time...

Journal of juridical science, 2007

The Constitution guarantees access to legal representation in criminal cases, but not for civil m... more The Constitution guarantees access to legal representation in criminal cases, but not for civil matters. The challenge for university law clinics is, therefore, to find alternative ways of assisting law clinic clients in respect of civil matters. Because the delivery of legal services to law clinic clients form part of an academic curriculum, such services have to conform to the demands and standards of teaching final year LLB students at the university. The alternative to the traditional way of litigation via the Magistrates' Court is found in the Consumer Affairs Court. The operation of a specialist consumer unit, as a litigation entity and as an academic teaching unit is discussed. The functions of such a unit, measured against the goals set for law clinics, can be applied successfully in providing access to justice for civil litigants, whilst providing multiple academic teaching, research and career opportunities. Toegang tot die reg buite die konvensionele drukgang : die da...

De Jure, 2018

Vaardigheidsopleiding, wat onderhoudsvoering insluit, is aanvullend tot 'n kliniek se oogmerk van... more Vaardigheidsopleiding, wat onderhoudsvoering insluit, is aanvullend tot 'n kliniek se oogmerk van sosiale geregtigheid, aangesien dit studente bemagtig om uitspraak uit te stel, om vanoor 'n verskeidenheid te kommunikeer en oplossings te soek. Onderhoudsvoeringvaardighede is 'n basis van kliniese regsopleiding, 'n leermetode in 'n lewende-kliënt kliniek. Aangesien studente oor die algemeen sonder kliniese toesig onderhoude voer, is hul opleiding in die verband noodsaaklik. In die bespreking van onderhoudsvoeringopleiding, val die klem op die voorbereiding van studente, wat die taking van vooropgestelde idees en aannames insluit, asook beradingsvaardighede. 'n Verskeidenheid van ondervragingstegnieke word bespreek en daar word aangedui dat onderrigliteratuur die veronderstelling ondersteun dat die manier waarop vrae gestapel word belangriker mag wees vir die bevordering van begrip as die kognitiewe vlak van die vraag. Periodieke opsommings help die studente om 'n beter begrip van die sake te vorm. 'n Bondeling van optredes wat binne konteks geïnterpreteer moet word, is nie-verbale aanduidings, gedrag wat obstuksies tussen die studente en hul kliënte mag vorm, spieëlgedrag en prosedie. Regsanalise en strategieë met potensiële oplossings waarvoor studente verantwoordelikheid moet aanvaar, aangesien hulle handelinge andere mag beïnvloed, word bespreek. Die doelstellings van kliniese regsopleiding, soos van toepassing op onderhoudsvoering, word aangedui.

Fundamina, 2019

In the fourth century BC, Socrates and Aristotleand in the thirteenth century AD, Roger Bacon-vie... more In the fourth century BC, Socrates and Aristotleand in the thirteenth century AD, Roger Bacon-viewed "induction or experimentation as the sine qua non of all knowledge". In the nineteenth century, John Dewey proposed that true education is derived from reflective life experience, rather than from merely memorising facts. These views, over centuries, still underscore the clinical legal education (CLE) methodology. A comparative analysis indicates the development of legal education and CLE in the USA and South Africa. This contribution discusses the establishment and evolution of CLE at South African universities from the 1970s, through the client-centred focus during the 1980s, the accreditation of university law clinics by the South African Law Society in 1993, and the establishment of AULAI (now SAULCA), whose primary focus is to promote clinical programmes in South Africa. In particular, this contribution looks at the development of CLE at the Wits Law Clinic, currently aligned with global best practices in CLE, and at student education *

De Jure, 2021

Training in legal professionalism and ethics is a vital part of any legal education. Teaching the... more Training in legal professionalism and ethics is a vital part of any legal education. Teaching these aspects according to the Socratic method generally proves to be ineffective in producing the desired result. A lawyer's actual life experience, which include happiness and career satisfaction, is rarely included. This article will explore on what it means to be an ethical human being and consider the teaching of professionalism and ethics by way of the clinical legal education methodology. Clinics have particular riches to offer and discussing professionalism, values and ethics in a clinical setting can assist students to begin to identify their own professional sense. University law clinics serve as a role model in legal practice about how a legal practitioner should behave and what ethical decision-making means. The link between culture and ethics, which informs a person's sense of morality and ethics, is explored, with application to diversity and multiculturalism. In clini...