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Statute Law Review 2007 28(1):34-67; doi:10.1093/slr/hml012
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© The Author 2007. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Aspects of Legislative Drafting: Some South African Realities (or Plain Language Is Not Always Plain Sailing)*

Bernard Bekink{dagger} and Christo Botha{ddagger}

{dagger} Senior lecturer of Public Law, University of Pretoria, South Africa, and Attorney of the High Court of South Africa. Dr Bekink is also a member of the International Bar Association
{ddagger} Professor of Public Law, University of Pretoria, South Africa. Professor Botha is also the course leader for the University of Pretoria Certificate in Legislative Drafting and advocate of the High Court of South Africa

Correspondence: Christo.Botha2{at}up.ac.za


  Abstract

It seems to me that a sort of hieratic language has developed by which the priests incant the commandments. I seem to see the ordinary citizen today standing before the law like the laity in a medieval church: at the far end the lights glow, the priestly figures move to and fro, but it is in an unknown tongue that the great mysteries of right and wrong are proclaimed.1

* Edited and expanded version of a paper (jointly presented by the authors) on 20 September 2006 during the Public Law session at the annual conference of the International Bar Association, Chicago. It contains revised material previously published by the authors.


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