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Prof Hennie Van As

PROFESSOR DOCTOR HENNIE VAN AS

BIuris, LLB (cum laude), LLD, NDip(Pol)

Advocate of the High Court of South Africa

Honorary Senior Fellow, Australian National Centre for Ocean Resources and Security  (ANCORS), University of Wollongong, Australia

 

 

Contact  numbers :           +27 (0)41 5041200 (W) Cell: 082 855 0955

                                 Email :            hennie.vanas@mandela.ac.za

 

Professor of Law, Director of the Centre for Law in Action (CLA) http://cla.mandela.ac.za/, Director of the FishFORCE Fisheries Law Enforcement Academy https://fishforce.mandela.ac.za/

 

MEMBERSHIP OF PROFESSIONAL/INTERNATIONAL BODIES

 

  • Member of the International Legal Aid Group (ILAG)
  • Honorary Life Member of the Institute for Public and Municipal Safety of South Africa.
  • Past-Chairperson: Eastern Cape branch of the Environmental Law Association
  • Past-member of PescaDOLUS
  • Member of LETrainNET (UNODC)

 

Obtained Doctor of Laws from the University of Stellenbosch in 1998. Title of thesis “Regsverteenwoordiging as element van regstoeganklikheid” (Legal representation as an element of access to justice) and completed a post-doctorate at the La Salle University in Mexico (2001)

 

PUBLICATIONS AND RESEARCH

 

                                                        Conference Proceedings

 

  1. Van As, HJ "Access to justice: Do technikons have a role to play?" National Conference on Access to Justice : 15-17 November 1995, Durban, South Africa.
  2. Van As, HJ "Language and the need for legal representation" International Symposium: Language in Court”  22-24 August 1996 : Port Elizabeth, South Africa.
  3. Van As, HJ “The Right to Legal Representation in South Africa: Who's Fooling Who?" International Round Table on Law and Semiotics Conference: Penn-State University: State College, Pennsylvania, USA: 16-19 April 1998.
  4. Van As, HJ “Service Delivery by Local Authorities: The Human Factor” International Conference  entitled “In Search of excellence: Local Government and Service Delivery” : 28 - 30 April 1999 : Thohoyandou, South Africa: Presented by Konrad Adenauer Stiftung.
  5. Van As, HJ “An Integrated Approach Towards Criminal Legal Aid in South Africa” International Conference entitled “Social Exclusion: A Role for the Law?” 24-26 March 2004: Cambridge, Great Britain, Presented by the Legal Services Research Centre.

 

             Articles published or accepted for publication in accredited (refereed) journals

 

  1. Van As, HJ (September 1995) "Administrative Justice and the Public Official." Journal for Public Administration.
  2. Van As, HJ (November 1996) "The causa proxima non remota spectatur-rule in insurance law - Is the cause determined by the application of fixed rules?" Obiter
  3. Van As, HJ (1999) Lesse uit die Lae Lande : Regshulp in Nederland (Lessons from the Low Countries : Legal Aid in the Netherlands)” Stellenbosch Law Review.
  4. Van As, HJ & Horak, JM (Nov 1999) “Re-introduction of the Death Penalty - Fighting Crime or Winning Votes?” SA Public Law.
  5. Van As, HJ (Nov 1999) “Regshulp in die VSA: Quo Vadis SA” Obiter.
  6. Van As, HJ (1999) “The right to information and the public tender process” Journal for Public Administration.
  7. Van As, HJ (2000) Regshulp in Indië: Kan Suid-Afrika daaruit leer?” (Legal Aid in India: Can SA learn from it?) Tydskrif vir Regswetenskap / Journal for Juridical Science
  8. Van As, HJ (Feb 2000) “Die historiese grondslae vir en ontwikkelingsgang van die reg op regsverteenwoordiging in Suid-Afrika - Deel 1 (The historical basis for and development of legal representation in South Africa - Part 1" THRHR / Journal for Contemporary Roman-Dutch Law.
  9. Van As, HJ (May 2000) “Die historiese grondslae vir en ontwikkelingsgang van die reg op regsverteenwoordiging in Suid-Afrika - Deel 2 (The historical basis for and development of legal representation in South Africa - Part 2)" THRHR / Journal for Contemporary Roman-Dutch Law
  10. Van As, HJ (2000) “Regshulp in krisis: Neigings in Nigerië (Legal Aid in a crisis : Tendencies in Nigeria) Obiter
  11. Van As, HJ (2001) “Rigtingwysers uir die Engelse Regshulpstelsel” (Pointers from the English Legal Aid System) Stellenbosch Law Review, 101.
  12. Van As, HJ (2004) “Legal Aid in Mexico: Visions of South Africa’s Future?” Stellenbosch Law Review 137
  13. Van As, HJ (2005) “Legal Aid in South Africa: Making justice reality” Journal for African Law 54
  14. Van As, HJ (2005) “Taking Legal Aid to the People: Unleashing Local Potential in South Africa” Obiter 187
  15. Van As, HJ (2015) “Legal Aid: Shaping the shoreline wave by wave” Obiter 308
  16. Van As, HJ (2018) “When the OHSC inspector knocks: What do I do?” SA Medical Journal
  17. Van As, HJ & Snijman PJ (2019) “Challenges and solutions concerning the inspection/investigation dichotomy in the context of transnational organised fisheries crime: a South African example” Marine Policy
  18. Van As, HJ (2019) “Kan munisipale wetstoepassingsbeamptes goedsmoeds op die publiek losgelaat word?” (Can municipal law enforcement officers be released on the public without reservation) Litnet
  19. De Villiers, N, van As, HJ & Botha, J (2020) The enforcemability of district municipality by-laws on local municipalities with reference to solid waste disposal” Stellenbosch Law Review.
  20. Van As, HJ & Cordell, C (2020) “Slipping through the net: Reforming South African Fisheries Law Enforcement” Journal of SA Law
  21. Van As, HJ & Erasmus, D (2020) “Admission of guilt fine: a legal shortcut with delayed shock?” SA Crime Quarterly.
  22. Erasmus, D & van As, HJ (2020) “AARTO: Beregtiging van verkeersmisdrywe of ontsegging van toegang tot die reg?” (AARTO: Adjudication of traffic offences or denial of access to justice?) Litnet
  23. Van As, HJ & Mukheibir, A (2020) “Deliktuele aanspreeklikheid van plaaslike owerhede vir die versuim om infrastruktuur te onderhou/Delictual liability of local authorities to maintain infrastructure Litnet
  24. Cordell, CGT, van As HJ & Botha, J (2020) “Formulating a new conception of corruption via historical analysis” Journal for Contemporary Roman-Dutch Law

 

Non-peer reviewed publications 

 

  1. Van As HJ (July 2016) “Africa needs collaboration and support to tackle crime at sea” The Conversation.
  2. Van As HJ (2019) “The link between marine living resources and organised crime” Servamus.
  3. S Widjaja, H Wirajuda, T Long, H van As, PE Bergh, A Brett, D Copeland, M Fernandez, A

Gusman, S Juwana, T Ruchimat, S Trent and C Wilcox (2019). High Level Panel for Sustainable Oceans Economy: Blue Paper 15 - Illegal, Unreported and Unregulated Fishing and Associated Drivers

             

Technical Reports

 

  1. Design of a research unit and petitions centre for the Eastern Cape Provincial Legislature.  Funded by the British Department for International Development.
  2. Design of a web-based management information system for the Office of the Premier of the Eastern Cape.
  3. Undertaking a skills audit and designing a skills database for Eden District Municipality.
  4. Undertaking a skills audit and establishing a database for Kannaland Municipality
  5. Assessment of and reporting on the level of functioning of the ward committee system for the municipalities of Ndlambe, Makana, Sundays River Valley and KouKamma.
  6. An investigation into the existence, accessibility and quality of by-laws for local authorities and the development of a tool to measure the quality of by-laws for Cacadu District Municipality.
  7. Assessment of the impact of training interventions on selected ward committees in the Overberg and Eden districts of the Western Cape.
  8. Training needs analysis for local government legal officers.
  9. A baseline study of the protection of marine living resources (2016)

 

International collaboration and research collaboration

 

  1. Appointed by the World Bank on a panel of 4 experts to assist the Republic of East Timor with the establishment of a system of local government (2014)
  2. Collaborating with PESCADolus and INTERPOL on the development of capacity to address international sea fisheries crimes (2014 – 2017)
  3. Collaborating with LETrainNet (Law Enforcement Training Network) and the UNODC to share information and expertise on law enforcement issues (2015 – current)
  4. Collaborating with the US State Department’s Defense Threat Reduction Agency (DTRA) on international counter-proliferation – 2016
  5. Served on panel of experts for UNODC/WWF on organised crime and inter-agency collaboration in the fisheries industry- 2016
  6. Served on panel of experts at 2nd Regional Conference on the establishment of a regional convention against illegal, unreported and unregulated fishing (IUUF) and its related crimes in Yogyakarta, Indonesia – 2016
  7. Member of Initiative 5 of Operation Phakisa (2017 – present)
  8. Member and researcher of the inter-disciplinary and inter-institutional research group at the Institute for Marine and Coastal Research of the Nelson Mandela University.
  9. Member and researcher of the One Ocean Hub, an international inter-disciplinary and interinstitutional research group researching the oceans’ potential to make significant contributions to sustainable development, especially for low- and middle-income countries (LMICs). The One Ocean Hub will develop integrated legal, policy, economic and sociocultural knowledge and tools to better assess LMICs’ national- and local-level opportunities, risks and trade-offs for fair and sustainable blue economies. The leading partner is Strathclyde University (Scotland).
  10. Member and lead researcher of the Community of Practice: Ocean Accounts framework. the project objectives focus on investigating the efficiency and relevance of the Ocean Accounts Framework in implementing ocean policy and applying ocean-governance instruments. The risks and vulnerabilities associated with climate change, food security and unsustainable development are also investigated, as well as the role of gender and culture in the OAF through disaggregation of data.
  11. Regional coordinator for Africa (south of the Sahara) and the Indian Ocean Small Island States for the Global Access to Justice Project . The project brings together researchers from all over the world with the sole purpose to seek out promising solutions to ensure equal access to justice for all. Through the largest academic cooperation network ever created, the project will collect information on the different justice systems, analysing the legal, economic, social and psychological obstacles, which make it difficult or impossible for many to make use of the legal system. Unlike other surveys, the project does not intend to conduct a simply statistical research; the Global Access to Justice Project will make a comprehensive approach to access problems, analysing its multiple aspects. Nor will the project be restricted to the developed countries. Although the knowledge produced in the poorest nations has historically been neglected, these theoretical alternatives are extremely valid and innovative, especially with regard to access to justice. The Global Access to Justice Project will conduct a broad geographical approach, analysing the problems and solutions for access to justice. Because of its multi-faceted epistemological approach and broad geographical scope, the project has the vocation to be the largest survey ever conducted on access to justice. The results of the project will be published in five volumes towards the end of 2021.

 

PAPERS

 

  1. "Access to Justice : Do Technikons have a role to play?" : Conference on Access to Justice : Department of Justice: Durban : 1995
  2. "Language and the need for legal representation": International Symposium on Language and the Courts: Vista University : Port Elizabeth : 1996
  3. "The Right to Legal Representation in South Africa: Who's Fooling Who?" International Round Table on Law and Semiotics Conference : Penn-State University : Pennsylvania : USA : 16-19 April 1998
  4. “Service Delivery by Local Authorities : The Human Factor” International Conference : University of Venda and the Konrad Adenauer Foundation : Thohoyandou, South Africa : 28-30 April 1999.
  5. “The influence of the right to information and just administrative action on the public tender process” National Conference of the Institute for Purchasing at Tertiary Institutions :  Plettenberg Bay, South Africa : 21 September 1999.
  6. “Constitutionalization and the right to legal representation in South Africa” Conference entitled “Market/Bodies/Borders: The future of legal regulation” : University of Sydney, Australia : 1-2 October 1999.
  7. “The death penalty as a non-deterrent in the fight against crime” Port Elizabeth : 16 November 2000.
  8. “An integrated approach towards criminal legal aid in South Africa” University of Cambridge, Great Britain, 24-26 March 2004.
  9. “Taking legal aid to the people: Unleashing local potential” International Conference on Legal Aid, Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, 6-8 April 2005.
  10. “Taking legal aid to the people: In search for alternatives: Seminar presented by the Northern Ireland Court Services, Belfast, Northern Ireland, 3 June 2005.
  11. “Assuring quality legal aid in Mexico and the Netherlands: Horses for Courses?” International Legal Aid Group Conference entitled “Legal Aid in the Global Era” Killarney, Ireland, 8-10 June 2005.
  12. “Legal aid in South Africa: Beyond conflict”  International Conference entitled “Transforming Lives: The Impact of Legal Services and Legal Aid” presented by the British Legal Sciences Research Commission, Queen’s University, Belfast, 19th-21st April 2006
  13. “Using law as a management, educational and moral rejuvenation tool” A national conference presented by the Institute for Municipal Public Safety of South Africa, Royal Bafokeng, Rustenburg, 10-11 August 2006.
  14. “The impact of local government legislation on IT and service delivery” Conference on the Governance of IT risk and information security” Port Elizabeth, South Africa, 15-16 August 2007.
  1. “Drafting and establishing a cemeteries and crematoria by-law for municipalities in South Arica” Conference presented by the IERM National Cemeteries Association of the Institute of Environment and Recreation Management, Durban, South Africa, 3-5 September 2007.
  2. “Local Government law enforcement: Addressing problems instead of enforcing the law” Conference presented by the Institute for Public and Municipal Safety of South Africa, Port Elizabeth, South Africa, 12-14 September 2007.
  3. “Resolution of financial problems: Mandatory provincial interventions in terms of section 39 of the Municipal Finance Management Act, 56 of 2003” Conference presented by the Institute for Municipal Financial Officers, Port Elizabeth, South Africa, October 2007.
  4. “Developing SETA recognized training for community safety institutes” Conference presented by the SA Association of Community Safety Institutes, Ekurhuleni Metropole, South Africa, 7 December 2007.
  5. “Developing law enforcement strategies for local authorities” Conference presented by the Institute for Public and Municipal Safety of South Africa, Potchefstroom, South Africa, 20-21 August 2009.
  6. “The importance of municipal law enforcement strategies and policies” Conference presented by the Institute for Public and Municipal Safety of South Africa, Mossel Bay, South Africa, 1-3 September 2010
  7. “The development of qualifications for municipal law enforcement officers” Conference presented by the Institute for Public and Municipal Safety of South Africa, Mossel Bay, South Africa, 1-3 September 2010.
  1. “Corruption within the local government tender process” Conference presented by the Department of Criminal and Procedural Law, Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, 15 October 2010.
  2. “Increasing legal aid in a decreasing environment” International Legal Aid Group Conference entitled “Legal Aid in the Era of Austerity” Helsinki, Finland, 15-17 June 2011.
  3. “Providing quality legal aid in South Africa: Surfing the wave or heading for the rocks” 9th Annual Conference on Law, Athens, Greece, 16-19 July 2012.
  4. “Leaving health in the lurch:  Impact of the repeal of the Health Act of 1977 on municipal health services” Local Government Law Conference, Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, 19-20 November 2012.
  5. “Recovering irregular expenditure in terms of Section 32 of the Municipal Finance Management Act” Local Government Law Conference, Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, 19-20 November 2012.
  6. “The enforcement of by-laws and its role in crime prevention” Conference presented by the Institute for Public and Municipal Safety of South Africa, Krugersdorp, South Africa, 17-19 September 2013
  7. “By-laws or bye laws: The failure to implement and administer” Local Government Law Conference entitled “Harnessing the law to promote and improve local Government”, Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, 10-11 October 2013
  1. “Harnessing Humans in the FishFIGHT” The International Symposium on FishCRIME 12-13 October 2015, Cape Town, South Africa
  2. “Capacity-building needs of fisheries law enforcement officers- effective responses” UNODC Expert Group 24-26 February 2016, Vienna, Austria.
  3. “Addressing fisheries crime through the establishment of focused academies” Global Fisheries Law Enforcement Conference 7-11 March 2016, Auckland, New Zealand.
  4. “Contributing towards criminal justice: The private sector and fisheries law enforcement “FishSA Conference entitled “Investing in the Ocean Economy”, 6 June 2016, Cape Town, South Africa.
  1. “Dealing with IUU Fishing and offences beyond fishing” 2nd Regional Conference on the Establishment of a regional Convention Against IUU Fishing and its Related Crimes” 12-13 October 2016 Yogyakarta, Indonesia
  1. “Every Arrow in the Quiver: Municipal by-laws and the protection of marine living resources” International Symposium entitled “Protecting Marine Resources: A Tangled Net” Port Elizabeth, South Africa, 8-9 November 2017.
  2. “Poaching of marine resources as a component of organised crime” Western Cape Crime Summit, 13-14 October 2018, Cape Town, South Africa.
  3. “Professionalisation of compliance and enforcement officials to improve the protection and preservation of marine living resources” African Regional Conference on the Environment, 28-30 November 2018, Cape Town, South Africa.
  4. “From capacity building to professionalisation: The FishFORCE experience” 6th Global Fisheries Enforcement Training Conference (GFETW) entitled “Closing the net through global cooperation between flag, coastal, port and market states for effective enforcement of international and domestic law” organised by the International Monitoring, Control and Surveillance Network, Bangkok, Thailand, 18 – 22 February 2019.
  5. “The extent and impact of poaching of marine living resources and why it should be addressed as a priority crime” An international strategic dialogue entitled “Tightening the net” Port Elizabeth, South Africa, 5 March 2019.
  6. “Inter-agency and cross-border collaboration: The FishFORCE model” Southern African Development Community Fisheries Task Team meeting, Windhoek, Namibia 19-20 March 2019.
  7. “Protecting marine living resources: The FishFORCE model” South Africa - Norway Cooperation on Ocean Research, Launching Conference 25 - 27 March 2019, Port Elizabeth, South Africa.
  8. “Protecting marine living resources by prioritising fisheries crime” International Conference entitled “Growing Blue” on the sustainable and shared use of the oceans, Maputo, Mozambique 23-24 May 2019.

 

  1. ”Admission of guilt and criminal records: Severe enough to warrant legal aid? Fisheries crimes as a case in point“ International Legal Aid Group Conference 17-19 June 2019, Ottowa, Canada.
  2. “Human trafficking as a component of organised crime in the marine fisheries environment. A paper presented at the 2019 International Workshop on Strategies for Combatting Human Trafficking, 25-26 July 2019, Taipei, Taiwan.
“The FishFORCE approach to the protection of marine living resources and its link to Operation Phakisa” presented at a webinar entitled “The Blue View: Opportunities and Challenges for the Blue Economy” presented by the Commonwealth Secretariat, 27 August 2020.