LLBALLF/302/4/2022
Tutorial Letter 302/4/2022
School of Law Referencing Style Guide
LLBALLF
College of Law
School of Law
This tutorial letter contains important information
about the School of Law and your law studies.
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UNISA SCHOOL OF LAW REFERENCING STYLE GUIDE
Contents
1
Introduction..................................................................................................... 4
2
Format, layout and language .......................................................................... 4
3
2.1
Title page ................................................................................................. 4
2.2
Font, text size and margins ...................................................................... 5
2.3
Headings and lists ................................................................................... 5
2.4
Quotations ............................................................................................... 5
2.5
Language ................................................................................................. 6
2.6
Footnotes ................................................................................................. 7
2.7
Bibliography ............................................................................................. 8
Referencing .................................................................................................... 9
3.1
Introduction .............................................................................................. 9
3.1.1
3.2
RefWorks ........................................................................................ 10
Books ..................................................................................................... 11
3.2.1
Authored books ............................................................................... 11
3.2.2
Edited and translated books ............................................................ 15
3.2.3
Chapters in books ........................................................................... 17
3.2.4
Older works ..................................................................................... 18
3.2.5
Institutional works ............................................................................ 18
3.2.6
Encyclopedia ................................................................................... 20
3.2.7
Loose-leaf services ......................................................................... 23
2
3.3
Journal articles....................................................................................... 23
3.4
Case law ................................................................................................ 28
3.4.1
South African case law .................................................................... 28
3.4.2
Unreported judgments ..................................................................... 33
3.4.3
Foreign case law ............................................................................. 33
3.5
Legislation.............................................................................................. 34
3.5.1
Principal legislation.......................................................................... 34
3.5.2
Delegated legislation ....................................................................... 36
3.5.3
Foreign countries ............................................................................ 38
3.6
Internet sources ..................................................................................... 38
3.7
Theses and dissertations ....................................................................... 39
3.8
International instruments........................................................................ 40
3.8.1
International treaties ........................................................................ 40
3.8.2
Bilateral treaties .............................................................................. 43
3.8.3
Regional treaties ............................................................................. 43
3.9
Law commission reports ........................................................................ 44
3.10
Newspaper articles ............................................................................. 46
ANNEXURE A – EXAMPLE TITLE PAGE .......................................................... 48
ANNEXURE B – EXAMPLE BIBLIOGRAPHY .................................................... 49
ANNEXURE C – WRITING SAMPLES ............................................................... 53
Writing Sample 1 ............................................................................................. 53
Writing Sample 2................................................................................................. 57
3
1
Introduction
From 2021, the University of South Africa (Unisa) School of Law will use a new
referencing style based on the OSCOLA style. Note, however, that where there
are discrepancies between this Unisa School of Law style and the OSCOLA style,
the Unisa School of Law style should be followed. If the referencing style below
does not provide for a particular type of source, please consult your lecturer or
supervisor for guidance.
This style applies to all undergraduate assignments, post-graduate research
proposals, dissertations and theses. For the sake of brevity, these are all referred
to as ‘documents’.
This guide contains information on two aspects of the Unisa School of Law style:
a) Format, layout and language,
b) Referencing.
2
Format, layout and language
2.1 Title page
➢ The title of the document must be centred in ALL CAPS and bold.
➢ All documents must be supplied with a title page. (See Annexure A at the
end of this document for the example of the title page). The title page must
include the title of the document, the name and student number of the
student, as well as the supervisor's name. If the specific module for which
you are registered has additional requirements in this regard (or a
prescribed title page, for example), you should be guided by the module
information.
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2.2 Font, text size and margins
➢ The text of all documents must be typed in font type Arial and font size 12pt.
Footnotes must also be in Arial but font size 10pt.
➢ The text of the document must be justified, in 1.5 spacing and with 12pt after
each paragraph.
➢ All margins must be 1cm (set the margins to ‘normal’ in Microsoft Word).
2.3 Headings and lists
➢ All headings must be aligned left, in Arial font 12pt and numbered
numerically (1, 1.1, 1.1.1, etc.).
o Main headings or first-level headings are in bold and sentence case
o Secondary or second-level headings in bold, italics and sentence
case
o Tertiary or third-level headings in italics and sentence case
o Further headings are in plain text and sentence case
➢ Lists in the text must be numbered with lowercase letters ((a), (b)) and sublists with small Roman numerals ((i), (ii)).
Example of headings:
TITLE OF DOCUMENT
1
Main heading
1.1
Secondary or second-level heading
1.1.1
Tertiary or third-level heading
1.1.1.1
Further headings
2.4 Quotations
➢ Quotations of up to three lines should be incorporated into the text within
single quotation marks. Use double quotation marks for a quote within a
quote. Punctuation follows the closing quotation mark unless it is an
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essential part of the quote (like a question mark, for instance). The footnote
number is inserted after the quotation marks and the punctuation. Suppose
you are, for instance, discussing a judge’s finding and want to refer to the
exact wording that the judge used, you will write it as follows in a paragraph:
The Chief Justice explained that this power ‘is not limited to defence against
aggression from a foreign nation’.61
➢ Quotations longer than three lines should stand on their own without any
quotation marks. When there is a quote within this longer quote, those
should be indicated with single quotation marks. The quote should be
indented with 1cm on either side and there should be an open line before
and after such a stand-alone quote. The font of the quote should be Arial
11, and it should be in single spacing. When your quote starts in the middle
of a sentence, put a square bracket around the first letter of the sentence in
your quote. Here is an example of a stand-alone quote that starts in the
middle of a sentence:
[T]he House of Lords also concluded that the civil standard of proof
(on the balance of probabilities) should be applied in such a way as
to be sensitive to the ‘seriousness of the matters to be proved and
the implications of proving them’, which in effect means proof
beyond reasonable doubt (ie the criminal standard).27
2.5 Language
➢ Use South African English. South African English is based on UK and not
American spelling. If you set South African English as the language to be
used in MS Word, it will allow both UK and American spellings, so make
sure you always opt for the UK spelling. This means choosing the ‘s’ spelling
rather than the ‘z’ spelling, for example, ‘finalise’ and not ‘finalize’,
‘specialisation’ and not ‘specialization’ etc. Also, use colour and not color;
harbour and not harbor etc.
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➢ Use as little punctuation as possible. Do not include full stops in
abbreviations such as DPP (Director of Public Prosecution), eg, ie and etc.
Abbreviations should not be italicised.
➢ Italics are reserved for non-English words. This does not apply to known
Latin terms such as audi alteram partem, bona fide, ad idem, inter alia,
contra bonos mores, boni mores, ultra vires, stare decisis, obiter dicta and
ratio decidendi.
➢ Foreign words should be in italics with a translation/synonym in brackets,
but not for known South African words, like ubuntu.
➢ For numbers under 100, use words. However, use ‘girl of 15’ but ‘twentyfirst century’.
➢ Use words, not numbers, for centuries. For example, ‘twenty-first century’.
➢ Dates are presented as 23 May 2020 and time as the 24-hour clock.
➢ The School of Law does not use ibid, id, supra, infra and so forth in
footnotes. Nor does it use cross references (example note 13 above), as
this makes it difficult to keep track of footnotes.
2.6 Footnotes
➢ Footnotes must be justified, in single spacing and with no spaces after each
footnote. Text in footnotes must be indented from the footnote number by 1
cm. This is done by using the ‘hanging indent’ option in MS Word.1
➢ All footnotes end with a full stop.
➢ The footnote number in-text is always in superscript and follows any
punctuation marks and not the other way around.
➢ Put the footnote number at the end of a sentence, unless for the sake of
clarity, it is necessary to put it directly after the word to which it relates. If
the word or phrase to which the footnote marker relates is in brackets, put
the marker before the closing bracket.
1
Example of a footnote formatting.
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➢ Where more than one citation is given in a single footnote reference,
separate them with semi-colons (semi-colon = ;).
➢ If you include more than one source in a single footnote, put them in
chronological order with the oldest source first. Separate your sources with
a semi-colon (;). If a particular source is more directly relevant to the
statement, mention that one first. The other less relevant sources should
then be cited in a new sentence, beginning with ‘See also’. If citing
legislation and case law in support of a particular statement, put the
legislation first followed by the cases. As a general rule, put the primary
sources before the secondary ones.
➢ When citing your sources in footnotes, provide the full reference to the
source the first time you refer to that source and then use only the shortened
version in subsequent footnotes.
➢ If the first citation to a source appears in a previous chapter of your
dissertation or thesis, give the full reference of the work in the current
chapter. Every chapter should be considered a ‘new’ document for
purposes of the ‘first time’ referencing rule.
2.7 Bibliography
➢ Your work must be supplied with a bibliography in which you give both the
shortened and the complete reference to the sources you cited (except for
case law and legislation where you only give the complete reference).
➢ The short reference appears first, followed by the long reference indented
by 1cm (see the example bibliography at the end of the document). There
should be a 6pt gap between your short and your long reference.
➢ Do not add full stops after references in the bibliography.
➢ The bibliography should be divided into sub-headings for books, journal
articles, case law, legislation, internet sources, theses and dissertations,
international instruments etc.
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➢ Sources should be listed alphabetically according to the surname of the
author under each source. If there is more than one source per author,
these should be listed chronologically.
➢ See the example bibliography attached as Annexure B to this document.
3
Referencing
3.1 Introduction
This section explains how to cite and reference a particular source. The term
‘citation’ and ‘reference’ is often used interchangeably. The term ‘citation’ is
generally used when referring to a source in your footnotes, whereas the term
‘reference’ is generally used when referring to the sources in your bibliography.
The golden citation and referencing rule is that if any information contained in the
text (or in the footnotes) has been obtained from an outside source - and is
therefore not the writer’s own ideas, thoughts or arguments - it is essential that a
reference to that source must be provided; otherwise the information may amount
to plagiarism (see LLBALLF/301).
The sources that you use must be provided in the prescribed mode of citation in
the footnotes. References to sources are not provided in the text or endnotes.
The document must be supplied with a bibliography of all the sources used within
the document. Your bibliography must have sub-headings for books, journal
articles, case law, legislation, internet sources, theses and dissertations,
international instruments, etc.
The list of sources in a bibliography should be arranged alphabetically according
to the surnames of authors and according to the short mode of citation used in the
footnotes. The full bibliographical details are indented with 1cm directly below the
short citation. One space is left open between types of sources (books, journal
articles, case law etc.). There should be a 12pt gap before each new source and
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a 6pt gap between the short and the long reference of an individual source. In
cases where your bibliography is lengthy (like in a dissertation or thesis), for each
new letter of the alphabet to be used in the bibliography, the letter, for example, a
B, can be given for greater clarity.
A distinction is made between the way a source should appear in the bibliography
(references) versus the footnotes (citations) as we explain how to reference
specific types of sources. Before we get to the detail of citations, we need to alert
you to the possibility of using an automated referencing management tool
(RefWorks) to manage your references.
3.1.1 RefWorks
Throughout your studies, you will collect, read and review a large body of literature
and information in various formats. In order to keep track of the literature you
encounter; this can be facilitated by using a reference manager. An efficient
reference management workflow simplifies the academic writing process.
However, it is not a substitute for doing your research and learning how to
reference your work properly.
A reference manager (also known as citation managers) is the software you use
to handle references and citations while writing. References can be handled
manually as well, but the reference manager allows for greater flexibility and
efficiency. Even when using a reference manager, you will still have to revise the
references and citations and make sure they comply with this guide.
Disciplines vary in how references are written and consequently in how references
are managed. Therefore, some reference managers may be preferred within your
discipline.
There are several reference managers to choose from. Unisa officially supports
Mendeley and RefWorks. We recommend RefWorks since it has a built-in style
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that is closely related to the Unisa School of Law referencing style guide. When
using Refworks, chose the ‘OSCOLA (Oxford Standard for Citation of Legal Authorities)
(no Ibid.) (CSL)’option.
Please look at the Reference management tools Libguide for further assistance
https://libguides.unisa.ac.za/reference_management_tools/ For a training session
on RefWorks, please email your Law Personal Librarian, Ms Yegis Naidu on
naiduy@unisa.ac.za. For technical support regarding RefWorks, please email libhelp@unisa.ac.za.
3.2 Books
3.2.1 Authored books
Books are cited slightly differently in a footnote than in the bibliography.
The first time you cite a book in a footnote, you will use the following formula:
a) Name and surname of author followed by a comma.
b) Title of the book in italics.
c) Edition (if any) followed by a comma and publisher followed by the year of
publication, all in brackets.
d) Page number on which you found the relevant information.
Example: Claire Smith, The Law of Insolvency (3rd edn, Butterworths 1988) 3.
After citing the source in full the first time, you can use a shortened version of the
citation in subsequent footnotes. The shortened form would consist of the surname
of the author followed by a comma, the name of the book in italics and the page
number (pinpoint):
Example: Smith, Insolvency 3.
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The reference would look a bit different in the bibliography because the author's
name is not given. Instead, the surname appears first followed by the initial(s) of
the author followed by a comma. The page number (pinpoint) on which you found
the information (pinpoint) is omitted in the bibliography since the purpose of a
bibliography is to list the sources consulted, whereas the purpose of a footnote is
to indicate exactly where you found a particular piece of information.
The short and the long form of the citation appears in the bibliography. However,
the long form looks a bit different since the author's surname is placed first. The
short form appears first in the bibliography, followed by the long form indented by
1cm. The source would be cited as follows in the bibliography:
Example:
Smith, Insolvency
Smith C, The Law of Insolvency (3rd edn, Butterworths 1988)
3.2.1.1 Two authors
In cases where the book has two authors, you have to give the name and
surname of both separated by ‘and’. Here is an example of the way you cite a
book with two authors the first time you cite it in a footnote:
Example: Iain Currie and Johan de Waal, The Bill of Rights Handbook (5th edn,
Juta 2005) 199.
The shortened form of the citation will look like this:
Example: Currie and de Waal The Bill of Rights
The source will be referenced as follows in your bibliography:
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Example:
Currie and de Waal The Bill of Rights
Currie I and de Waal J The Bill of Rights Handbook (5th edn, Juta
2005)
3.2.1.2 Three authors
Where the book has three authors, you have to give the name and surname of all
three. Place a comma after the first author’s name and surname with ‘and’ between
the details of the second and third authors. If the full names of the authors are not
known, you may use their initials. Here is an example of the way you cite a book
with three authors the first time you cite it in a footnote:
Example: Johann Neethling, J Potgieter and JC Knobel Law of Delict (8th edn,
LexisNexis 2021).
The shortened form of the citation will look like this:
Example: Neethling, Potgieter and Visser Law of Delict.
Both long and short citations will be included in your bibliography:
Example:
Neethling, Potgieter and Visser Law of Delict
Neethling J, Potgieter J and Knobel JC Law of Delict (8th edn,
LexisNexis 2021)
3.2.1.3 More than three authors
Where the book has more than three authors, you only give the name and
surname of the first author followed by ‘and others’. Do not use ‘et al’. Here is an
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example of the way you cite a book with more than three authors the first time you
cite it in a footnote:
Example: T Geldenhuys and others Criminal Procedure Handbook (12th edn,
Juta 2017)
The shortened form of the citation will look like this:
Example: Geldenhuys and others Criminal Procedure Handbook
The source appears as follows in your bibliography:
Example:
Geldenhuys and others Criminal Procedure Handbook
Geldenhuys T and others Criminal Procedure Handbook (12th edn,
Juta 2017)
Note the following when citing books:
a) As a general rule, always use the latest edition of a book unless there is a
good reason to refer to an older edition—such as when you are doing legal
historical research. Explain why you are using the older edition in the
footnote if it is not clear from the context.
b) Maximal capitalisation is used in the titles of books and contributions in
books. This means all words are in capitals except for minor words such as
‘for’, ‘and’, ‘or’ and ‘the’ unless they begin the title or subtitle.
c) Study guides are referenced like books.
d) Where a book has three authors, all three names must be given. If a book
has more than three authors, refer to the name of the first one followed by
‘and others’. The same applies if there are more than three editors.
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e) Cite all publications with an ISBN as if they were books, whether read online
or in hard copy.
f) Refer to page numbers at the end of your footnote to indicate exactly where
you found the particular piece of information. Do not use ‘p’ or ‘pp’ in front
of the page number.
3.2.2 Edited and translated books
If no author is indicated on such a book, cite the editor or translator as you would
an author. In the edited book, add ‘ed’ after the editor's name or ‘eds’ where there
is more than one.
The first time you refer to this edited book in your footnotes, it would look like this:
Example: Jeremy Horder (ed), Oxford Essays in Jurisprudence: Fourth Series
(OUP 2000).
The shortened form of the citation that you can use for subsequent references to
this source would look like this:
Example: Horder (ed), Oxford Essays in Jurisprudence.
The reference in your bibliography will be cited as follows:
Example:
Horder (ed), Oxford Essays in Jurisprudence
Horder J (ed), Oxford Essays in Jurisprudence: Fourth Series (OUP
2000)
In the case of a translated book, add ‘tr’ after the translator's name or ‘trs’ in the
case of more than one translator. The first time you refer to a translated work in
your footnotes, it will look like this:
15
Example: Peter Birks and Grant McLeod (trs), The Institutes of Justinian
(Duckworth 1987).
The shortened version of the citation for use in subsequent footnotes would look
like this:
Example: Birks and McLeod (trs), The Institutes of Justinian.
The reference in your bibliography will look like this:
Example:
Birks and McLeod (trs), The Institutes of Justinian
Birks P and McLeod G (trs), The Institutes of Justinian (Duckworth
1987)
If the book has an author and the editors or translators are also mentioned, all
these details should appear in the citation. The details of the editor or translator
will then appear in brackets together with the edition (if any), the publisher and
date of publication. Have a look at the following example. This is the way the
citation would appear when you refer to it for the first time in your footnotes:
Example: HLA Hart, Punishment and Responsibility: Essays in the Philosophy of
Law (John Gardner ed, 2nd edn, OUP 2008).
In the above example, Hart is the author. You will notice that only the initials are
given and not the full name. You may give the author's full name if known, but if
you cannot establish the author's full name from the publication, you may indicate
the initials only.
The shortened version of this work will be:
Example: Hart, Punishment and Responsibility.
16
This reference will look like this in your bibliography:
Example:
Hart, Punishment and Responsibility
Hart HLA, Punishment and Responsibility: Essays in the Philosophy
of Law (Gardner J ed, 2nd edn, OUP 2008)
3.2.3 Chapters in books
Here you have to indicate the author of the particular chapter followed by the title
of the chapter in inverted commas. Then give the editor’s name followed by the
book’s title in italics and the book’s publication information in brackets. The first
time you refer to the source in your footnote, it will look like this:
Example: John Cartwright, ‘The Fiction of the “Reasonable Man”’ in AG
Castermans and others (eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009).
The above is an example of citing the source the first time you refer to it in a
footnote. The shortened version of the citation that you would use from the second
time that you refer to the source in a footnote would look like this:
Example: Cartwright, ‘The Fiction of the “Reasonable Man”’.
The reference in the bibliography would look like this:
Example:
Cartwright, ‘The Fiction of the “Reasonable Man”’
Cartwright J, ‘The Fiction of the “Reasonable Man”’ in Castermans
AG and others (eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009)
17
3.2.4 Older works
Books published before 1800 have as ‘publisher’ a list of booksellers. You only
need to cite the place and date of publication here. Older works are often
republished, in which case it is apt to refer to the original date of publication in your
citation. The first time you refer to the source in your footnote, it will look like this:
Example: Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268.
The shortened version will look like this:
Example: Hobbes, Leviathan.
The reference will look like this in your bibliography:
Example:
Hobbes, Leviathan
Hobbes T, Leviathan (first published 1651, Penguin 1985)
3.2.5 Institutional works
Some older and institutional works are regarded as books of authority and are
generally accepted as reliable information of the law of their time. These works
have commonly known abbreviations and citation forms, which should be used in
all footnote references to them
a)
Give the Latin or Dutch title of the book you cite, not the title of a translation
in English. However, see what is said below about the Corpus Iuris Civilis.
b)
Many of the works in Dutch bear different titles in the various editions and
reprints. Select a title and keep to it. A convenient guide to acceptable titles
will be found in Hahlo HR The South African Law of Husband and Wife (5th
edn, 1985) xiiiff and Corbett MM et al The Law of Succession in South Africa
18
(1980) ixff.
c)
The principal parts of the Corpus Iuris Civilis of Justinian of the mid-sixth
century are the Institutiones, the Digesta (also known as the Pandectae) and
the Codex. It is customary to refer to them by the English translations (not in
italics): Institutes, Digest and Code. In citations, the abbreviations I, D and C
are used. Where the part is divided into books, titles and sections unless
specific reference has to be made to a particular book, title or section, a short
form of reference is used: so I 2.9.2 refers to book 2 title 9 section 2 of the
Institutes.
d)
Where a Roman-Dutch legal treatise is divided into books, titles (or chapters)
and sections, the same approach is taken. Take Hugo Grotius Inleiding tot de
Hollandsche Rechtsgeleerdheid (the Dutch title). The full details must appear
in the bibliography. Cite the appropriate passage in the footnotes in this way:
Grotius 3.8.5. This is a reference to book 3 chapter 8 section 5 of the book.
Another example is Johannes Voet Commentarius ad Pandectas (the Latin
title). The reference to Voet 18.1.13 in a footnote means book 18 title 1
section 13 of the book. Note that Van der Keessel’s Theses Selectae is the
epitome of Van der Keessel's lectures on Grotius's Inleidinge. The Theses
are numbered in Roman numerals, but it is customary to cite the appropriate
passage as Th 72, which references thesis 72. Finally, an example of a work
by an oft-cited French jurist: Pothier Traité des obligations para 365. Observe
that the section sign - § - should not be used, as Pothier uses it for a
subdivision including several paragraphs.
Examples:
The following are examples of old authorities in the bibliography. You should find
help on the names and works of the more important of the old authorities in Ellison
Kahn Contract and Mercantile Law through the Cases Volume II (2nd edn, Juta
1985) xxvff:
19
Accursius Glossa
Accursius Accursii Glossa (on different sections of the Corpus Iuris
Civilis) Republished in Corpus Glossatorum Juris Civilis (curante
luris Italici Historiae Instituto Taurinensis Universitatis) VII-XI
(Universita di Torino Turin 1959-1969)
Grotius Inleiding
Grotius H Inleiding tot de Hollandsche Rechtsgeleerdheyt (1631 ed),
with notes by Groenewegen and Schorer (Amsterdam 1767)
Van der Keessel Theses Selectae
Van der Keessel DG Theses Selectae Juris Hollandici et Zelandici,
ad supplendam Hugonis Grotii Introductionem ad Jurisprudentiam
Hollandicam (Leyden 1800)
Please note that there are sometimes differences in the Dutch spelling of some of
the titles of the books. As a general rule, stick to the spelling of the title of the
edition you are using.
Voet Commentarius
Voet J Commentarius ad Pandectas (The Hague 1698-1704)
3.2.6 Encyclopedia
Cite an encyclopedia as you would a book but exclude the author or editor and the
publisher. You should include the edition and year of issue or reissue in brackets.
If the encyclopedia credits an author for a particular segment of the encyclopedia,
give that author and the title of the segment and the beginning of your citation.
Reference to volumes of an encyclopedia is indicated after the brackets, which
20
contains the date. If an encyclopedia was accessed online, you should give the
web address and date of access.
Here is an example of how to cite an encyclopedia the first time you refer to it in a
footnote:
Example: Halsbury’s Laws (5th edn, 2010) vol 57, para 53.
Subsequent references can look like this:
Example: Halsbury’s Laws vol 57, para 53.
The reference will appear as follows in your bibliography.
Example:
Halsbury’s Laws
Halsbury’s Laws (5th edn, 2010) vol 57
Here is an example of a reference to an encyclopedia where the author of a section
is acknowledged. You will refer to it as follows the first time you mention it in a
footnote:
Example: CJ Friedrich, ‘Constitutions and Constitutionalism’, International
Encyclopedia of the Social Sciences III (1968) 319.
The short form will look like this:
Example: Friedrich, ‘Constitutions and Constitutionalism’.
It will look like this in your bibliography:
21
Example:
Friedrich, ‘Constitutions and Constitutionalism’
Friedrich CJ, ‘Constitutions and Constitutionalism’, International
Encyclopedia of the Social Sciences III (1968)
If you accessed an encyclopedia online, refer to the webpage and date of access.
Here is an example of an encyclopedia that gives credit to an author for a segment
that was accessed online. It will look like this the first time you refer to it in your
footnotes:
Example: Leslie Green, ‘Legal Positivism’, The Stanford Encyclopedia of
Philosophy
(Fall
edn,
2009)
<http://plato.stanford.edu/archives/fall2009/entries/legal-positivism> accessed 20
November 2009.
The short form of the source will look like this:
Example: Green ‘Legal Positivism’.
The reference will appear as follows in your bibliography:
Example:
Green ‘Legal Positivism’
Green L, ‘Legal Positivism’, The Stanford Encyclopedia of
Philosophy
(Fall
edn,2009)<http://plato.stanford.edu/archives/fall2009/entries/legalpositivism> accessed 20 November 2009
22
3.2.7 Loose-leaf services
You should cite the work’s title in italics, excluding the current author or editor's
name, but including names that have become part of the title. Do not give
publication details. Refer to paragraphs in the loose-leaf rather than pages. Also,
give the release number or date of issue at the foot of the relevant page in brackets
after the paragraph number. Do not use full stops in between. The citation will look
like this the first time you refer to it in a footnote:
Example: Parker’s Law and Conduct of Elections, vol 1, para 9–24 (issue 29).
OR
Example: Cross on Local Government Law, para 8–106 (R 30 July 2008).
This is the short form of the source for use in subsequent footnotes:
Example: Parker’s Law and Conduct of Elections, vol 1, para 9–24.
Example: Cross on Local Government Law, para 8–106.
The reference will appear as follows in the bibliography
Example:
Parker’s Law and Conduct of Elections
Parker’s Law and Conduct of Elections, vol 1 (issue 29)
Cross on Local Government Law
Cross on Local Government Law (R 30 July 2008)
3.3 Journal articles
Journal articles are cited slightly differently in a footnote than in the bibliography.
23
When citing a journal article, use the following formula to refer to it for the first time
in your footnote.
a) Full name and surname of author followed by a comma.
b) Title of the article in single inverted commas.
c) Year of publication in square brackets if there is no volume number but if
there is a volume number, put the year of publication in round brackets.
d) Volume number not in round brackets (if there is one).
e) Name of the journal (not in italics) and written out in full or abbreviated if the
journal has a known abbreviation.
f) First page number of the article followed by a comma.
g) Page where you found the relevant information.
Example: Where there is no volume number:
Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440,
445.
Example: Where there is a volume number:
Alison L Young, ‘In Defence of Due Deference’ (2009) 72 MLR 554, 557.
A shortened form of the citation can be used for subsequent references. The
shortened form will contain the author’s surname, the title of the article and the
pinpoint (the page on which you found the relevant information).
The short references will look like this:
Example: Craig, ‘Theory, “Pure Theory” and Values in Public Law’ 445.
Example: Young, ‘In Defence of Due Deference’ 557.
Your bibliography must contain both short and long citations. The long citation in
the bibliography does not give the author’s full name but rather the surname
24
followed by the initials. Only the first page of the article is indicated in the long
citation in the bibliography.
The reference will appear as follows in your bibliography:
Example:
Craig, ‘Theory, “Pure Theory”’
Craig P, ‘Theory, “Pure Theory” and Values in Public Law’ [2005]
PL 440
Young, ‘In Defence of Due Deference’
Young AL, ‘In Defence of Due Deference’ (2009) 72 MLR 554
Where articles have more than one author, refer to the authors in the same way
as you would in the case of a book with more than one author (see 3.2 above for
details).
Note that journal articles found online should be cited as if they are hard copy
journals. If the journal article that you found online does not have page numbers,
include all the other publication information as you would for citing a hard copy
journal article, but add the web address in the place of the page numbers in angled
brackets followed by the date of access. Here is an example:
Example: Graham Greenleaf, ‘The Global Development of Free Access to Legal
Information (2010) 1(1) EJLT <http://ejlt.org/article/view/17> accessed 27 July
2010.
The following are recognised abbreviations for some South African journal titles.
African Human Rights Law Journal
AHRLJ
Comparative and International Law Journal of Southern Africa
CILSA
25
De Jure
De Jure
Fundamina: A journal of Legal History
Fundamina
Journal for Juridical Science / Tydskrif vir Regswetenskap
TRW
Journal of Contemporary Roman-Dutch
virHedendaagse Romeins-Hollandse Reg
Law
/
Tydskrif THRHR
Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg
TSAR
LitNet Akademies
LitNet Akademies
Obiter
Obiter
Potchefstroom Electronic Law Journal
PELJ
South African Journal of Bioethics and Law
SAJBL
South African Journal of Criminal Justice
SACJ
South African Journal on Human Rights
SAJHR
South African Law Journal
SALJ
South African Mercantile Law Journal
SA Merc LJ
Southern African Public Law
SAPL
Southern African Yearbook of International Law
SAYIL
Stellenbosch Law Review
Stell LR
The following are recognised abbreviations of some foreign journals.
African Law Review = African LR
African LR
African Human Rights Law Journal = AHRLJ
AHRLJ
Africa Journal of Comparative Constitutional Law = AJCCL
AJCCL
American Journal of International Law
AJIL
British Tax Review
BTR
Common Market Law Review
CML Rev
Cambridge Law Journal
CLJ
Conveyancer
Conv
Current Legal Problems
CLP
26
Criminal Law Review
Crim LR
EC Bulletin
EC Bull
European Competition Law Review
ECLR
Estates Gazette
EG
European Intellectual Property Review
EIPR
European Industrial Relations Review
EIRR
European Law Review
EL Rev
Industrial Law Journal
ILJ
International & Comparative Law Quarterly
ICLQ
Journal of Business Law
JBL
Journal of Comparative Law in Africa = JCLA
JCLA
Journal of Planning and Environmental Law
JPEL
Lloyd’s Maritime & Commercial Law Quarterly
LMCLQ
Law Quarterly Review
LQR
Law Society Gazette
LS Gaz
Legal Studies
LS
Lesotho Law Journal
Les LJ
Modern Law Review
MLR
New Law Journal
NLJ
Official Journal of the European Communities
OJ
Oxford Journal of Legal Studies
OJLS
Oxford University Commonwealth Law Journal
OUCLJ
Public Law
PL
Solicitors’ Journal
SJ
27
3.4 Case law
3.4.1 South African case law
Cases are reported in various law reports such as the South African Law Reports,
Butterworths Constitutional Law Reports, All South African Law Reports to name
but a few. The preferred law report citation is the South African Law Reports, and
the formula below is based on that format.
The basic formula to refer to South African case law the first time you cite the
source in a footnote is:
a) Name of the first party (in italics followed by v (in italics).
b) Name of the second party (in italics).
c) Year.
d) Volume of law report in round brackets.
e) The abbreviation for the particular law report, for example, SA (this stands
for South African Law reports).
f) Page number on which reported case begins.
g) Abbreviation for the court that handed down the judgment in round brackets.
Example: Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA).
The above example will suffice if you are referring to the case as a whole. If,
however, you are referring to a specific statement that the judge made or a finding
that the court arrived at, you will have to refer to the exact paragraph of the case.
The paragraph number (pinpoint) is indicated in square brackets. If you refer to
more than one paragraph of the judgment, separate these by using a comma. Let’s
say you found your information in paragraph 43 of the case. The citation will then
look like this in your first footnote:
Example: Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA) [43].
28
The first time where reference is made to a court case, the full reference is given
as shown above. After that, a short form can be used, for example, ‘the Van Zyl
case’. It should, however, be stated clearly that this abbreviated form will be used
further on.
Example: Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA) [43] (hereinafter
‘the Van Zyl case’).
In the bibliography, the name of the case is given fully. All non-essential
information should be left out in the text and footnotes, for example, NO, NNO, and
others, et cetera. You need not include the short/abbreviated form of the reference
for the case in your bibliography.
3.4.1.1 Some principal South African law reports
a) AD Reports of the Appellate Division of the Supreme Court of South Africa.
Annual volumes. 1910-46. f) Since 4 February 1997, the Appellate Division
of the Supreme Court is known as the Supreme Court of Appeal, and the
other divisions (provincial or local) of the Supreme Court as those of the
High Court. In references to judgments before and after 4 February 1997,
this distinction has to be observed.
Example: Marks Ltd v Laughton 1920 AD 12.
b) All SA All South African Law Reports: 1996–current. Four volumes a year,
three monthly issues making a volume. It covers decisions of the
Constitutional Court, the Supreme Court of Appeal, the divisions of the High
Courts of South Africa and the superior courts of Botswana, Lesotho,
Namibia and Zimbabwe. The reference to the court is in the letter or letters
in the last parenthesis of the citation.
Example: Holomisa v Argus Newspapers Ltd [1996] 1 All SA 478 (W).
29
c) BCLR Butterworths Constitutional Law Reports: 1994–current. Report
judgments dealing with constitutional issues, particularly from the
Constitutional Court.
Example: S v Makwanyane and another 1995 (6) BCLR 665 (CC).
d) BLLR Butterworths Labour Law Reports: 1994–current. Report judgments
of the Labour Appeal Court and the Industrial Court.
Example: Roberts and Another v OK Bazaars Ltd t/a Hyperama [1994] 7
BLLR 1 (LAC).
e) ILR Industrial Law Reports: 1980–current. Report relevant judgments of the
Constitutional Court, the Supreme Court of Appeal, the divisions of the High
Courts of South Africa and the Industrial Court. Published in the Industrial
Law Journal (ILJ).
Example: Metal and Allied Workers Union and another v A Mauchle (Pty)
Ltd t/a Precision Tools (1980) 1 ILJ 227 (IC).
f) SA South African Law Reports 1947–current. Initially published in four
volumes per year, it now includes six volumes a year, two monthly issues
making a volume. It covers decisions of the South African Constitutional
Court, the Supreme Court of Appeal, the High Courts, the Labour Court, the
Labour Appeal Court, the Competition Appeal Court, the Land Claims Court,
the superior courts of Namibia, Zimbabwe and their predecessors; and the
previously independent states of Transkei, Bophuthatswana, Ciskei and
Venda. The reference to the court is in the letter or letters in the last
parenthesis of the citation.
Example: S v Soci 1986 (2) SA 14 (A).
30
g) SACR South African Criminal Law Reports: 1990–current. Report
judgments on criminal law and criminal procedure. No duplication with the
SA Law Reports.
Example: S v Maseko 1990 (1) SACR 107 (A).
3.4.1.2 List of abbreviations indicating the court:
a) Between 1997 and 2008, the following court names and abbreviations have
been used:
i.
(CC) Constitutional Court (KH: Konstitusionele Hof).
ii.
(SCA) Supreme Court of Appeal (HHA: Hoogste Hof van Appèl).
iii.
(C) Cape Provincial Division (K).
iv.
(D) Durban and Coast Local Division (D).
v.
(E) Eastern Cape Division; before 28 June 1957, the Eastern
Districts Local Division (E) (GW) Griqualand West Local Division (31
May 1910–30 April 1969; succeeded by the Northern Cape Division)
(GW).
vi.
(N) Natal Provincial Division (N).
vii.
(NC) Northern Cape Division (from 1 May 1969) (NK).
viii.
(O) Orange Free State Provincial Division (O).
ix.
(SE) South-Eastern Cape Local Division (SO).
x.
(T) Transvaal Provincial Division (T).
xi.
(W) Witwatersrand Local Division (W).
b) Since 2008 the divisions of the High Court have been re-named in terms of
the Renaming of High Courts Act 30 of 2008. The following abbreviations
were adopted by the editors of the South African Law Reports to designate
the re-named courts:
i.
(ECB) (Eastern Cape High Court, Bisho) [previously Ciskei High
Court (Ck)].
31
ii.
(ECG) Eastern Cape High Court, Grahamstown [previously Eastern
Cape Provincial Division (E)].
iii.
(ECM) Eastern Cape High Court, Mthatha [previously Transkei High
Court (Tk)].
iv.
(ECP) Eastern Cape High Court, Port Elizabeth [previously South
Eastern Cape Local Division (SE)].
v.
(FB) Free State High Court, Bloemfontein [previously Orange Free
State Provincial Division (O)].
vi.
(KZD) KwaZulu Natal High Court, Durban (Durban and Coast Local
Division) [previously Durban and Coast Local Division (D)].
vii.
(KZP) KwaZulu Natal High Court, Pietermaritzburg [previously Natal
Provincial Division (N)].
viii.
(LT) Limpopo High Court, Thohoyandou [previously Venda High
Court (V)].
ix.
(GNP) North Gauteng High Court, Pretoria [previously Transvaal
Provincial Division (T)].
x.
(NWM)
North
West
High
Court,
Mafikeng
[previously
Bophuthatswana High Court (B)].
xi.
(NCK) Northern Cape High Court, Kimberley [previously Northern
Cape Provincial Division (NC)].
xii.
(GSJ) South Gauteng High Court, Johannesburg [previously
Witwatersrand Local Division (W)].
xiii.
(WCC) Western Cape High Court, Cape Town [previously Cape
Provincial Division (C)].
NB The names and abbreviations of the different courts may change from
time to time. You need to follow the citation as the particular case was
reported at that specific time in the law reports.
32
3.4.2 Unreported judgments
If a case is not reported in a published set of law reports (either at all or has not as
yet been published in this manner due to the decision being very recent), you could
use a JOL (Judgments Online) citation or a neutral citation used by, for example,
SAFLII.
Example: Haitas v Froneman and Others [2021] ZASCA 1 (6 January 2021)
You will notice that the citation does not have the details of a law report (such as
SA or All SA) or a volume number for such report. It simply indicates the court that
handed down the judgment and the date of the judgment.
The SAFLI or JOL citation should not be used if the case has been reported in the
printed reports.
With the proliferation of electronic databases, there is less and less need for an
author to refer to a case as being unreported. However, where it has not been
reported electronically, it can be indicated as follows:
Example: Dlamini v Jacobs (NPD) unreported case no 98/05 of 3 August 2006;
or
Dlamini v Jacobs (NPD) unreported case no 98/05 (3 August 2006).
3.4.3 Foreign case law
You must cite the case as it is done in that particular jurisdiction.
A useful guide to modes of citation of foreign law reports generally is Donald
Raistrick Index to Legal Citations and Abbreviations.
33
3.5 Legislation
3.5.1 Principal legislation
The basic formula to use for referring to South African legislation is:
a) The title of the Act (not in italics).
b) Number and year of the Act.
Example: Criminal Procedure Act 51 of 1977.
When reference is made to an Act for the first time, the full citation can be
given in the text or a footnote. A citation in a footnote is not required if all the
information the reader needs about the legislation is provided in the text. A
footnote is unnecessary if you formulate your sentence like this: ‘The South
African criminal justice system is regulated by the Criminal Procedure Act 51
of 1977 (hereinafter the Criminal Procedure Act).’
After referring to the Criminal Procedure Act 51 of 1977 for the first time, a
shortened form may be used, such as Act 51 of 1977 or Criminal Procedure
Act or simply CPA. You can indicate the shortened form that you will be using
by placing it in a bracket after the source's full name in the text, as indicated
above.
If you do not include the full name of the legislation in the text but rather in a
footnote, you will indicate the shortened form in brackets after the source’s
name in the footnote. For instance, your text might read: ‘There is specific
legislation that regulates the South African criminal justice system.’ You will
then add a footnote that reads: ‘Criminal Procedure Act 51 of 1977
(hereinafter the CPA).’
34
Once you choose the shortened form of the legislation you want to use, be
consistent with the use thereof throughout your document. You need not
include the shortened form of the citation for legislation in your bibliography.
Please note that the citation of Constitutional Laws Act 5 of 2005 provides
that the final Constitution should always be referred to as ‘Constitution of
the Republic of South Africa, 1996’. This is, therefore, an exception to the
general rule. If you are going to refer to the Constitution more than once, you
could do the following:
Example: Constitution of the Republic of South Africa, 1996 (hereinafter
referred to as the Constitution).
Note the following concerning legislation:
a) Acts are divided into sections. A section may be divided into subsections,
a subsection into a paragraph, and a paragraph into subparagraphs. They
run as follows: section 1; subsection (1); paragraph (a); subparagraph (i).
Section, subsection, paragraph and subparagraph must each be spelt in
full when it is the first word in a sentence; otherwise, abbreviate as ‘s’
(plural ss), subsec (plural subsecs), para (plural paras). For example: s
56(1) or subsec (1) of s 56, but not subs 56(l), which is illogical. If you
wish to cite two or more subsections of a section, do it as follows: subsecs
(1) and (4) of s 56, or s 56(1) and (4).
b) When referring to sections, subsections, paragraphs and subparagraphs
at the beginning of a sentence, you have to write these words out. You
may use the following abbreviations in cases where these words are not
starting a sentence:
i.
chapter = chap,
ii.
section = s,
iii.
sections = ss,
35
iv.
subsection = subsec,
v.
subsections = subsecs,
vi.
paragraph = para,
vii.
paragraphs = paras
viii. subparagraph = subpara,
ix.
subparagraphs = subparas,
x.
article = art,
xi.
articles = arts.
The reference to the particular section of an act is inserted before or after the
details of the act in the footnote.
Example: Criminal Procedure Act 51 of 1977, s 77.
Or
Example: Section 77 of the Criminal Procedure Act 51 of 1977.
3.5.2 Delegated legislation
a) Provincial ordinances are referred to in the same way as Acts, except that
the first letter of the province’s name must be added. In the example below,
an ordinance from Gauteng is cited:
Example:
Town planning and Townships Ordinance 25 of 1965 (G).
b) In subordinate legislation (such as schedules to an Act or ordinances,
proclamations, rules, regulations, and bylaws) and other material in the
Government Gazette (abbreviation: GG) and similar official publications, the
following is applicable:
i.
A schedule typically has paragraphs or items; and subparagraphs or
subitems.
36
Example: Schedule 4 para 13 (2) (a) of the Income Tax Act 58 of 1962.
ii.
A proclamation (abbreviation: proc) would be cited as follows:
Example: Proclamation 26 GG 22231 of 26 April 2001.
iii
A Government Gazette is identified by way of different numbers on the
first page. Some editions are regulation gazettes, some are
extraordinary government gazettes, and some are ordinary editions.
Regulation gazettes and extraordinary gazettes are numbered
independently and apart from the successive numbering.
A specific Government Gazette is effectively identified by the date of
publication and the continuous numbering. These details are found on
the first page of the relevant gazette right under the title block in the
middle (date) and right-hand side (number).
iv
Rules are made under Acts. The subdivisions are sub-rules and
paragraphs.
Example: Rule 57(2)(a) of the Uniform Rules of the Supreme Court.
v
Regulations (abbreviation: reg) are made under Acts and ordinances.
The subdivisions are sub-regulations and paragraphs.
Example: Reg 5(2)(f) of the regulations in terms of s 22G of the
Medicines and Related Substances Act 101 of 1965 (GN R553 GG
26304 of 30 April 2004). (GN stands for Government Notice).
Regulations are cited by referring to the notice in which they appear, for
example, the Road Accident Fund regulations in GN 232 GG 24568 of
1 February 2003. A regulation is abbreviated to reg, as in reg 5(1) (but
not at the start of a sentence).
37
vi
Some pieces of delegated legislation should be abbreviated, others not:
Government Notice = GN
General Notice = General Notice
Proclamation = Proc
Provincial Notice = Provincial Notice
Regulation = Reg
3.5.3 Foreign countries
Cite legislation from other jurisdictions as it is cited in that jurisdiction, but without
any full stops in abbreviations. Give the jurisdiction in the description if necessary.
The following example is a piece of legislation from New Zeeland:
Examples: Accident Compensation Act 1972 (NZ).
The following example is a piece of legislation from the Federal Republic of
Germany:
Example:
1976
Standard
Terms
Act
(Gesetz
über
Allgemeine
Geschäftsbedingungen) (FRG).
Cite the name of the relevant legislation or subordinate legislation fully and
precisely follow the divisions found in the legislation. If uncertain, scout around for
the correct mode of citation, which you will normally pick up from a related
secondary source, such as a book or article dealing with the legislation.
3.6 Internet sources
You can cite an article on a website as you would a journal article. You would follow
the following formula:
38
a) Author name and surname followed by a comma (Note: If no author is
identified, but an organisation or institution claims editorial responsibility for
the work, cite it as the author. If no person, organisation or institution claims
responsibility for the work, begin the citation with the title).
b) Title of contribution in single inverted commas.
c) Any other publication details such as the date of publication in brackets.
d) Website address in angled brackets <www……>.
e) Date last accessed.
Example: Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
<www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009.
The short version of the citation for use in subsequent footnotes will look like this:
Example: Cole, ‘Virtual Friend Fires Employee’
The reference will appear as follows in your bibliography:
Example:
Cole, ‘Virtual Friend Fires Employee’
Cole S, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
<www.nakedlaw.com/2009/05/index.html> accessed 19 November
2009
3.7 Theses and dissertations
You will include the following information in your citation when you refer to the
source for the first time in your footnotes:
a) Name and surname of author followed by a comma.
b) Title of thesis or dissertation in single inverted commas.
c) In brackets then include:
39
i.
The type of qualification followed by a comma,
ii. The name of the Institution where the qualification was obtained,
iii. Date.
d) Page number on which you found the information.
Example: Javan Herberg, ‘Injunctive Relief for Wrongful Termination of
Employment’ (DPhil thesis, University of Oxford 1989) 56.
The short reference for use in subsequent footnotes will look like this:
Example: Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’ 56.
The reference will appear as follows in your bibliography:
Example:
Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’
Herberg
J,
‘Injunctive
Relief
for
Wrongful
Termination
of
Employment’ (DPhil thesis, University of Oxford 1989)
3.8 International instruments
3.8.1 International treaties
Treaties are published in different series. Always try to find the treaty published in
the United Nations Treaty Series (UNTS) or the consolidated treaty series (CTS).
The League of Nations Treaty Series (LNTS) is another preferred publication when
referencing United Nations Treaties. If you cannot find the treaty in any of these
publications, try the treaty series of the specific party to the treaty and cite that. An
example is the UK Treaty Series (UKTS) or the Australian Treaty Series (ATS).
40
Treaties are divided into articles, and you should refer to the article number only
and not the article’s title (not all articles have titles, though). See, for example, the
Universal Declaration on Human Rights, where the articles do not have titles, but
the United Nations Convention Against Corruption includes titles for each article,
for example, Article 7 – Public sector. Use the word ‘Article’ in the text but ‘Art’ in
your footnotes.
The date of a treaty is either the date it was opened for signature or the date of
signature (adoption). If both dates are available, you have to include both. The
date on which it entered into force can be added if available.
The formula for referring to international treaties the first time you refer to it in a
footnote is:
a) Name of the treaty (not in italics).
b) In brackets, the date of adoption followed by the date it was entered into. A
comma separates these two dates.
c) In brackets the date of signature if known (if this is not known, you leave it
out).
d) Volume number of treaty series.
e) Name of treaty series.
f) Page number on which convention begins (see the note below regarding
page numbers where the treaty is published with the final act).
g) In brackets the shortened form of the convention.
h) Specific article of the convention you are referring to (if you refer to the
convention as a whole, you will leave this out).
Example: International Covenant on Civil and Political Rights (adopted 16
December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art 3.
Once you’ve cited the treaty in full, you may use the shortened version (here
ICCPR) for subsequent citations.
41
When treaties are published, a final act is often published with it. The act appears
first in the publication, followed by the treaty. If this is the case, the act should be
included in your reference, and the starting page of the treaty that you cite should
include the text of the act. The Final Act of the Convention relating to the Status of
Refugees, for example, appears at volume 189 of the United Nations Treaty Series
(UNTS) page 137, while the text of the treaty itself begins at page 150. Let us say
you want to refer to article 33 of the Convention, then your first footnote citation
will look like this:
Example: Convention Relating to the Status of Refugees (adopted 28 July 1951,
entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention) Art 33.
Protocols are published under Conventions and will be cited as follows in your first
footnote:
Example: Protocol Relating to the Status of Refugees (adopted 31 January 1967,
entered into force 4 October 1967) 606 UNTS 267 (Protocol) Art 2.
In your bibliography, you will repeat the complete reference but without the
specific article reference. Remember to include the short reference first.
Example:
CCPR
International Covenant on Civil and Political Rights (adopted 16
December 1966, entered into force 23 March 1976) 999 UNTS 171
(ICCPR) art 3.
Refugee Convention
Convention Relating to the Status of Refugees (adopted 28 July
1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee
Convention).
42
3.8.2 Bilateral treaties
Follow the same pattern above but give the parties’ names to a bilateral treaty in
parentheses immediately after the title. Separate the names of the parties with an
en-dash.
Example: Agreement between the Government of the Federal Republic of
Germany and the Government of Romania concerning cooperation in the field of
environmental protection (Germany-Romania) (adopted 5 April 1993, entered into
force 15 March 2000) 3010 UNTS 3 (Bilateral treaty on environmental protection).
The short and long references will then appear in your bibliography:
Example:
Bilateral treaty on environmental protection
Agreement between the Government of the Federal Republic of
Germany and the Government of Romania concerning cooperation
in the field of environmental protection (Germany-Romania)
(adopted 5 April 1993, entered into force 15 March 2000) 3010 UNTS
3 (Bilateral treaty on environmental protection).
3.8.3 Regional treaties
Follow the same pattern as for United Nations treaties, as far as possible. Some
regions or countries may have their own specific treaty series, eg the Organization
of American States Treaty Series (OAS Treaty Series). However, if cited in the
UNTS, LNTS or ILM, use that source.
Here are some examples of treaties relevant to the African region:
Treaty Establishing the Common Market for Eastern and Southern Africa (entered
into force 8 December 1994) 34 ILM 908 (COMESA Treaty)
43
Consolidated Text of the Treaty of the Southern African Development Community
(2015) (Consolidated SADC Treaty)
Harmonization of Business Law in Africa (1993) (OHADA Treaty)
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered
into force 21 October 1986) (1982) 21 ILM 58 (African Charter)
Use the shortened version of the treay as indicated in brackets at the end of the
long citation for subsequent references to this source in your footnotes.
The long and short references will be listed in your bibliography.
Example:
African Charter
African Charter on Human and Peoples’ Rights (adopted 27 June
1981, entered into force 21 October 1986) (1982) 21 ILM 58 (African
Charter)
Consolidated SADC Treaty
Consolidated Text of the Treaty of the Southern African
Development Community (2015) (Consolidated SADC Treaty)
3.9 Law commission reports
Documents produced by the South African Law Commission are either issue
papers, discussion papers or reports. Since these documents have an ISBN
number, they should be cited in the same way as books.
The basic form of citation for these documents for the first time you refer to it in a
footnote is:
44
a) South African Law Commission (as the author) followed by a comma,
b) The title of the issue paper/discussion paper or report in italics,
c) Publisher (SALC) and date of publication in round brackets,
d) The exact page on which you found the relevant information.
Here are examples of how you would refer to each the first time you refer to it in
a footnote:
South African Law Commission, Issue Paper 20 (Project 123) Protected
Disclosures (SALC 2002) para 3.
South African Law Commission, Discussion Paper 107 (Project 123) Protected
Disclosures (SALC 2004) para 56.
South African Law Commission, (Project 123) Report on Protected Disclosures
(SALC 2007).
You can create your own shortened form of the citation to use in subsequent
footnotes:
Example: SALC Discussion Paper on Protected Disclosures
In the bibliography, you will list the short form that you decided to use and the full
reference but omit the particular paragraph(s) that you referred to in your footnote.
Example:
SALC Issue paper on Protected Disclosures
South African Law Commission, Issue Paper 20 (Project 123)
Protected Disclosures (SALC 2002)
45
3.10 Newspaper articles
You will need to include the following information in your reference to this source
the first time you refer to it in your footnotes:
a) Author name and surname.
b) Title of article in single inverted commas.
c) Name of newspaper in italics.
d) In brackets the following information:
i.
Place of publication followed by a comma,
ii. Date of publication,
iii. Page number on which information was found.
Example: Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times
(London, 1 July 2010) 3.
If the newspaper was accessed online and there is no page number, give the web
address followed by the date of access:
Example: Ian Loader, ‘The Great Victim of this Get Tough Hyperactivity is Labour’
The
Guardian
(London,
19
June
2008)
<www.guardian.co.uk/commentisfree/2008/jun/19/justice.ukcrime> accessed 19
November 2009.
The short version of the reference to use in subsequent footnotes will look like this:
Example: Loader, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’.
The source will appear as follows in your bibliography:
46
Example:
Loader, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’
Loader I, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’
The
Guardian
(London,
19
June
2008)
<www.guardian.co.uk/commentisfree/2008/jun/19/justice.ukcrime>
accessed 19 November 2009
47
ANNEXURE A – EXAMPLE TITLE PAGE
[TITLE]
by
[FULL NAMES OF STUDENT]
(STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
DEPARTMENT OF_____________________
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: ________________
(ASSIGNMENT NUMBER 02 / 03) (IN THE CASE OF UNDERGRADUATE
MODULES ONLY)
20 _ _
48
ANNEXURE B – EXAMPLE BIBLIOGRAPHY
Books
Cartwright, ‘The Fiction of the “Reasonable Man”’
Cartwright J, ‘The Fiction of the “Reasonable Man”’ in AG
Castermans and others (eds), Ex Libris Hans Nieuwenhuis (Kluwer
2009)
Geldenhuys and others Criminal Procedure Handbook
Geldenhuys T and others Criminal Procedure Handbook (12th edn,
Juta 2017)
Horder (ed), Oxford Essays in Jurisprudence
Horder J (ed), Oxford Essays in Jurisprudence: Fourth Series (OUP
2000)
Smith, Insolvency
Smith C, The Law of Insolvency (3rd edn, Butterworths 1988)
Journal articles
Craig, ‘Theory, “Pure Theory”’
Craig P, ‘Theory, “Pure Theory” and Values in Public Law’ [2005]
PL 440
Neethling and Potgieter ‘Wrongfulness in Delict: A Response to Brand Ja’
Neethling J and Potgieter J ‘Wrongfulness in Delict: A Response to
Brand Ja’ (2017) 77 THRHR, 116
49
Young, ‘In Defence of Due Deference’
Young AL, ‘In Defence of Due Deference’ (2009) 72 MLR 554
Case law
South Africa
Dlamini v Jacobs (NPD) unreported case no 98/05 (3 August 2006)
S v M 2021 (1) SACR 440 (LP)
Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA)
United Kingdom
Phipps v Boardman [1967] 2 AC 46 (HL)
Legislation
South Africa
Constitution of the Republic of South Africa, 1996
Criminal Procedure Act 51 of 1977
United Kingdom
Human Rights Act 1998
50
Internet sources
Cole, ‘Virtual Friend Fires Employee’
Cole S, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
<www.nakedlaw.com/2009/05/index.html> accessed 19 November
2009
Theses and dissertations
Berg ‘Child diversion programme minimum standard compliance’
Berg S, ‘Child diversion programme minimum standard compliance
in the Western Cape: an explorative study’ (MA dissertation,
University of South Africa 2012)
Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’
Herberg
J,
‘Injunctive
Relief
for
Wrongful
Termination
of
Employment’ (DPhil thesis, University of Oxford 1989)
International instruments
African Charter
African Charter on Human and Peoples’ Rights (adopted 27 June
1981, entered into force 21 October 1986) (1982) 21 ILM 58 (African
Charter)
51
Refugee Convention
Convention Relating to the Status of Refugees (adopted 28 July
1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee
Convention)
Law Commission reports
SALC Issue paper on Protected Disclosures
South African Law Commission, Issue Paper 20 (Project 123)
Protected Disclosures (SALC 2002)
Newspaper articles
Loader, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’
Loader I, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’
The
Guardian
(London,
19
June
2008)
<www.guardian.co.uk/commentisfree/2008/jun/19/justice.ukcrime>
accessed 19 November 2009
52
ANNEXURE C – WRITING SAMPLES
Writing Sample 1
Extract from: Mbuzeni Mathenjwa ‘The Legal Status of Local Government in South
Africa under the New Constitutional Dispensation’ (2018) 33 South African Public
Law 1-14.
1.
Introduction
The legal status of local government within the structure of government in the
Republic of South Africa has attracted much public interest. This is evident from
the number of cases that have come before the courts in order to determine the
jurisdiction of local government over issues where it operates in a functional area
concurrently with the other spheres of government (that is, provincial and
national).1 The reason for the large measure of public interest is that the evolution
of the status of local government—from having been under the full control of the
national and provincial governments to becoming a fully-fledged sphere of
government—constitutes a substantial change from the position under the pre1994 constitutional dispensation. This study explains the evolution of the status of
local government from what it was prior to 1994 up to the current constitutional
dispensation. This it does by describing the historical background to the change in
the status of local government, the challenges involved in determining the
competence of this functional area of government and the role of the principle of
subsidiarity as it affects local government.
1
See City of Johannesburg Metropolitan Municipality v Gauteng Development
Tribunal 2010 (6) SA 182 (CC); Minister of Local Government. Environmental
Affairs and Development Planning, Western Cape v The Habitat Council; Minister
of Local Government, Environmental Affairs v City of Cape Town 2014 (4) SA 437
(CC).
53
2.
Historical Background
The history of local government in South Africa dates back to at least 200 years
before the two former British colonies (Cape Colony, Natal Colony) and the two
former Boer Republics (Orange Free State and Transvaal) were united to form the
Union of South Africa in 1910.2 By that time the four territories had already
developed their own distinctive systems of local government3 but the South Africa
Act of 1909, which created the Union, not a federation, placed local government
under the jurisdiction of the four provinces. 4 When South Africa became an
independent republic in 1961, 5 local government was placed even more firmly
within the jurisdiction of the provinces. 6 The democratic dispensation based on a
Constitution that was negotiated in the 1990s represented a significant break with
the past, not least in the way South Africans would be governed. One important
distinction between the pre- and post-1994 regimes was that, whereas during the
period dating from the formation of the Union local governments had been created
by statute, local government became enshrined in the Constitution of the Republic
of South Africa for the first time: 7 under the 1993 interim Constitution local
government became autonomous and was empowered to regulate its own affairs.8
2
3
4
5
6
7
8
See DL Craythorne, Municipal Administration: The Handbook (Juta 2006) 1,
where he states that South Africa became a state in 1910; Jacobus Cloete,
South African Municipal Government and Administration (Van Schaik Academic
1997) 11, states that the four colonies were united on 31 May 1910 to form the
Union of South Africa.
See Cloete, South African Municipal Government and Administration 11.
Section 85(vi) of the Union of South Africa Act of 1909 (hereinafter the South Africa
Act) empowered the provincial councils to make ordinances in relation to municipal
institutions, divisional councils and other local institutions of a similar nature.
See s 1 of the Republic of South Africa Constitution Act 32 of 1961 (hereinafter the
Republic of South Africa Constitution Act, 1961), which provided that the Union of
South Africa, comprising the provinces of the Cape of Good Hope, Natal,
Transvaal and Orange Free State, would, as from 31 May 1961, be a republic
under the name of the Republic of South Africa.
See s 84(1)(f)(i) of the Republic of South Africa Constitution Act, 1961.
See s 174(1) of the Constitution of the Republic of South Africa Act 200 of 1993
(hereinafter the interim Constitution).
Section 174(3) of the interim Constitution.
54
3.
Local Government under the 1996 Constitution
With the coming into force of the final Constitution of the Republic of South Africa
on 4 February 1997, local government was further enshrined in the Constitution,
its status being bolstered in the Constitution by reference being made to local,
national and provincial government as being spheres of government that are
distinctive, interdependent and interrelated, 9 and also by the Constitution
assigning powers and functions to local government directly.
The effect of the reference to local government as a ‘sphere of government’ is
well covered in the literature. In the interim Constitution, the national, provincial
and local areas of government were referred to as ‘levels’. 10 This reference to
‘levels of government’ normally reflects a hierarchical government structure where
a higher level or structure confers authority on a lower level or structure and such
authority can be unilaterally withdrawn by the higher level or structure.11 The
reference to local government in the 1996 Constitution as ‘a sphere of
government’, however, indicates a significant shift in emphasis which means that,
unlike the situation in the past where local governments were established and
abolished by provincial governments12
9
10
11
12
the independent status of local
See s 40(1) of the Constitution of the Republic of South Africa, 1996
(hereinafter the Constitution).
See Constitutional Principle XXVI of the interim Constitution.
See Ignatius Rautenbach and Erasmus Malherbe, Constitutional Law (LexisNexis
Butterworths 2009) 93–94.
Section 85(iv) of the Union of South Africa Act 1909 placed local government under
the jurisdiction of the provincial councils; section 84(1)(f)(i) of the Republic of South
Africa Constitution Act 1961 placed local government under the jurisdiction of
provincial government, and Schedule 1(6) of the Republic of South Africa
Constitution Act 1983 classified local government as the own affairs of a particular
population group. It should be recognised that this Act made provision for matters
of own affairs which were matters that affected a population group in relation to its
own identity and the upholding and furtherance of its way of life, culture, traditions
and customs. Section 14(2) provided that the matters which were not own affairs
of a population group were general affairs. Thus, while local government was no
longer under the jurisdiction of provincial government, it was still not a matter of
general affairs. Also see Rautenbach and Malherbe Constitutional Law 302, where
55
government is now entrenched in the Constitution. Meyer points out that the
reference to local government as a sphere of government implies that the 1996
Constitution places local government in the position of a partner in government
together with the national and provincial spheres. 13 One effect of this
partnership relationship between the structures of government is to enforce a
culture of co-operation and partnership between them. In contrast, though, their
distinctiveness accounts for the autonomy that the spheres have in respect of their
powers and functions, whereas their interrelatedness explains the close
relationship between the three spheres and their interdependence explains the
dependence of the spheres on one another. 14
13
14
the authors argue that, under the 1996 Constitution, local government enjoys
constitutional recognition as a fully-fledged sphere of government, and this means
at least that the other spheres of government may not abolish local government or
otherwise disregard the provisions of the Constitution on local government.
See J Meyer, Local Government Law (Butterworths Publishers 1997) 6.
See Nico Steytler and Jaap de Visser, Local Government Law of South Africa
(Butterworths 2007) 3.
56
Writing Sample 2
Extract from: Angelo Dube, ‘Of Neighbours and Shared Upper Airspaces: The Role of
South Africa In the Management of the Upper Airspaces of the Kingdoms of Lesotho and
Swaziland’ (2015) 48 Comparative and International Law Journal of South Africa 221253.
…As human flight advanced in the modern era, the debate was finally settled by the
Paris Convention on the Regulation of Aerial Navigation of 1919 which provided that
every state had complete and exclusive sovereignty over the airspace above its territory.1
The Paris Convention was preceded by an earlier conference in 1910 which failed to result
in a convention.2 At the 1910 conference, the French proposal was to regard the airspace
as relatively free and accessible, except to the extent necessary for states to protect the
safety and property of their residents. This proposition was opposed by Germany and
Britain, who were in favour of full national control over the air. Although Germany was
much milder in its approach, which envisaged the national state being at liberty to allow
or not to allow foreign aircraft to overfly its territory, Britain adopted a more stringent
regime. The only system of checks and balances the Germans proposed, was that the
restrictions that applied to foreign aircraft must be applied equally to domestic aircraft.
The British, however, favoured a system in which each nation regulated its airspace as
it saw fit, without any obligation to treat foreign and domestic aircraft equally. This led to
the conference ending in an impasse as far as drafting of a convention was concerned.
Instead several principles were adopted.3 These principles were incorporated into the
1
2
3
Article 1 of the Paris Convention on the Regulation of Aerial Navigation of 1919
(adopted 11 July 1922) (Paris Convention). Initially twenty-seven states signed the
Paris Convention on 13 October 1919. The Paris Convention dealt with all the
technical, operational and organisational aspects of civil aviation.
Stuart Banner, Who Owns the Sky? The Struggle to Control Airspace from the
Wright Brothers on (Harvard University Press 2009) 62.
Angelo Dube, ‘Towards a Single African Sky: Challenges and Prospects’ (2015)
23(2) African Journal of International and Comparative Law 250, 251.
57
Paris Convention nine years later. The position adopted in the Paris Convention, that a
state has exclusive jurisdiction over the airspace above its territory, was further affirmed
by the Chicago Convention on International Civil Aviation (Chicago Convention).4 The
Chicago Convention was signed by fifty-two states on 7 December 1944 and came into
force some three years later on 4 April 1947.5 The Convention established rules for
airspace, aircraft registration and safety, and details the rights of the signatories in
relation to air travel; it also exempts air fuels from tax. The Convention provided for the
sovereignty of airspace above the territory of each state, together with five freedoms (later
expanded to nine by the addition of four unofficial freedoms) which govern the freedom of
states to operate air transport flights (including the carriage of passengers, cargo and
mail) across, into and within the airspace of other states.6 Only the first two of these
freedoms apply automatically to signatory states, the remainder being subject to
national agreement.7 The Chicago Convention, apart from affirming exclusivity of
jurisdiction over airspaces,8 further expressly broadened rights of a state over its
airspace to include the air above its territorial waters.9 The Convention also introduced
the nine freedoms of flight mentioned above, which guaranteed the usage of foreign
states’ airspaces for civil aviation purposes.10 Whilst recognising the exclusive
4
5
6
7
8
9
10
Convention on International Civil Aviation (enterred into force 7 December 1944)
Doc 7300 (Chicago Convention. The International Civil Aviation Organisation
(ICAO) was also established by this convention.
See
Skybrary,
‘Chicago
Convention’
<http://www.skybrary.aero/index.php/Chicago_Convention> accessed 22 July
2015.
See International Civil Aviation Organisation, ‘Freedoms of the Air’
<http://www.icao.int/Pages/freedomsAir.aspx> accessed 22 July 2015.
The Freedoms apply to air travel by an airline in one country that desires to operate
in a second country. These were first created in the 1940s.
Article 1 of the Chicago Convention.
Article 2 of the Chicago Convention.
The Chicago Convention broadened the rights of states into nine broad categories,
viz: (1) right to overfly a foreign country without landing; (2) right to refuel or carry
out maintenance in a foreign country; (3) right to fly from one’s own country to
another; (4) Right to fly from a foreign country to one’s own; (5) right to fly between
two foreign countries during flights which begin or end in one’s own; (6) right to fly
from one foreign country to another one while stopping in one’s own country; (7)
right to fly between two foreign countries while not offering flights to one’s own
country; (8) right to fly between two or more airports in a foreign country while
58
sovereignty of states over their airspaces,11 the Chicago Convention further places an
obligation on member states to provide certain facilities in their territories, viz airports,
radio services, meteorological services and other air navigation facilities to facilitate
international air navigation.12 The Chicago Convention also established an oversight
body, the ICAO, which is a specialised agency of the United Nations and offers guidance
on civil aviation matters globally. The ICAO came into being on 4 April 1947 and was
initially known as the Provisional International Civil Aviation Organisation (PICAO).13 In
October of the same year, the ICAO became a specialised agency of the United Nations
linked to the Economic and Social Council (ECOSOC).14 The purpose of the ICAO is to
promote cooperation between nations in order that international civil aviation may be
developed in a safe and orderly manner and that international air transport services may
be established on the basis of equality of opportunity and operated soundly and
economically. By 1944 when the ICAO replaced the PICAO, the membership of the
organisation had grown to fifty-two states, an improvement from the Paris Convention’s
twenty-seven states, twenty-five years earlier in 1919. Today the ICAO’s membership
stands at 191 states. The ICAO’s main plenary organ, the Assembly, meets every three
years and elects the organisation’s governing body, which is called the Council. A
maximum of thirty-six countries sit on the Council which is a permanent body, and is
responsible to the Assembly.15
11
12
13
14
15
continuing service to one’s own country; and (9) right to fly inside a foreign country
without continuing service to one’s own country.
Article 1 Chicago Convention. The Convention stipulates in Art 3 that it shall apply
only to civil aircraft, and not state aircraft. State aircraft include aircraft used for
policing and customs purposes and military aircraft.
Article 28 of the Chicago Convention.
See
UNESCO,
‘ICAO
–
Origins
and
Process
of
Creation’
<http://www.unesco.org/archives/sio/Eng/presentation_print.php?idOrg=1
015> accessed 22 July 2015.
John Meyer and Clinton Oster, Deregulation and the Future of Intercity
Passenger Travel (MIT Press 1987) 272.
Robert Williams, The Information Systems of International Inter-governmental
Organizations: a Reference Guide (Greenwood 1998) 87.
59