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Submission Preparation Checklist

As part of the submission process, authors are required to check off their submission's compliance with all of the following items, and submissions may be returned to authors that do not adhere to these guidelines.
  • The submission has not been previously published, nor is it before another journal for consideration (or an explanation has been provided in Comments to the Editor).
  • The submission file is in OpenOffice, Microsoft Word, RTF, or WordPerfect document file format.
  • Where available, URLs for the references have been provided.
  • The text is 1.5 line spaced; uses Arial 12-point font; employs italics, rather than underlining (for emphasis); and all illustrations, figures, and tables are placed within the text at the appropriate points, rather than at the end.
  • The text adheres to the stylistic and bibliographic requirements outlined in the Author Guidelines, which is found in About the Journal.
  • If submitting to a peer-reviewed section of the journal, the instructions in Ensuring a Blind Review have been followed.

Author Guidelines

Ukumela - STYLE GUIDE

Potential contributors must please adhere to the following style guide.

 1 Contributions and editorial policy

1 1 Categories

An English summary not exceeding 300 words must accompany these contributions:

1 1 1 full length articles of typically 6 000 – 12 000 words including footnotes;

1 1 2 review articles of typically 6 000 – 12 000 words including footnotes (a review article is an in-depth discussion of a subject or a series of subjects relating to a recent book or books); and

1 1 3 notes of typically 4 000 – 6 000 words including footnotes (a note should be critical and not merely be descriptive).

 

1 4 Uniform style

Unless otherwise specified, the house style applies uniformly to all categories of contributions referred to in 1 1 above.

 1 5 Page charges

Page charges may be levied. Contributors will be contacted individually in this regard. The tariff is R65,00 per page with a minimum of R650,00 for full length and review articles and R450,00 for notes and case comments. These amounts are subject to change.

 2 Title and author(s)

2 1 Title

2 1 All contributions must be provided with a short, descriptive title.

2 1 1 In the case of review articles (1 1 2) the title must be followed by a subtitle in square brackets.

 Examples

[Review article of Law and Sacrifice: Towards a Post-Apartheid Theory of Law by Johan van der Walt. Wits University Press Johannesburg 2005. xii and 305 pp. Price R190.00 (soft cover)]

[Discussion of Steenkamp NO v Provincial Tender Board, Eastern Cape 2007 3 SA 121 (CC)]

2 2 Author(s)

The following should appear after the title of each contribution in categories 1 1 1 – 1 1 2:

  • name of the author
  • the author‟s academic qualifications (except in the case of members of the judiciary)
  • an indication of the author‟s present position and institutional affiliation
  • if persons are thanked for assistance, or institutional support is recognised, an asterisk must follow directly after the exposition of the institutional affiliation; the asterisk must then be linked to a footnote setting out these details; further footnotes must be automatically numbered and commence with footnote 1

 

Examples

Title heading:

John Jacobs [or J C Jacobs]

BComm LLB LLM PhD

Professor, University of South Africa*

Pius Langa [or P Langa] 3

Chief Justice of the Republic of South Africa

Footnote:

*I would like to thank the NRF for financial support to conduct this research. I am further grateful to Jane Smith for valuable comments.

 

3 Literary style

3 1 Abbreviations and punctuation

3 1 1 Abbreviations

Do not use abbreviations in the main text except if a proper name is used repeatedly. In such a case the first full citation of the proper name should be followed by the abbreviation in brackets, and the abbreviation should be consistently referred to thereafter. Use abbreviations as far as possible in the footnotes.

Examples

Main text:

According to section 6 of the Constitution … [not s 6]

The Treatment Action Campaign (TAC) aims to influence government policy in various ways. The TAC has often stated that …

3 1 2 Avoid using full stops and spaces in abbreviations.

3 1 3 Abbreviations which are commonly used in footnotes to legal articles include the following:

  • art – article (unless legislation customarily requires capital A)
  • arts – articles (unless legislation customarily requires capital A)
  • ch – chapter
  • chs – chapters
  • cl – clause
  • cls – clauses
  • ed – editor; edition ( second edition = 2 ed)
  • eds – editors; editions
  • GG – Government Gazette
  • GN – government notice
  • n – footnote; note
  • nn – footnotes; notes
  • no – number
  • nos – numbers
  • OS – original service
  • para – paragraph
  • paras – paragraphs
  • Proc – proclamation
  • reg – regulation
  • regs – regulations
  • RS – revision service
  • s – section
  • ss – sections
  • sch – schedule
  • schs – schedules
  • subs – subsections
  • subss – subsections
  • vol – volume
  • vols – volumes

3 1 4 Never use abbreviations such as op cit, loc cit, ibid and idem and “p” or “pp” for “page” or “pages”.

3 1 5 Where reference is made to a particular judge, the surname of the judge followed by his or her abbreviated official title (in capital letters) should be used in both the text and footnotes.

Examples

  • J – judge
  • JA – judge of appeal
  • CJ – chief justice
  • JP – judge president
  • DJP – deputy judge president
  • AJ – acting judge
  • AJA – acting judge of appeal
  • P – president

3 1 6 Where words appear in brackets, punctuation marks (full stops, commas, colons, etc) must always be placed after the final bracket. However, if a complete sentence within a paragraph appears in brackets, the full stop must be placed in front of the last bracket.

Example

… these factors are mistake (error), fraud (dolus), as well as …

3 1 7 As a rule, references to footnotes should appear after punctuation and quotation marks.

Examples

.1 ,2 ;3 )4.”5  and not -1. 2, 3, 4) .5”

 

3 2 Quotations and quotation marks

3 2 1 Quotations should be used sparingly (preferably only as a striking example) and should be as brief as possible.

3 2 2 When a complete sentence is quoted (or when a portion of a complete sentence is quoted as a separate sentence), the quotation should be preceded by a colon and must appear as a separate paragraph with a left indent.

3 2 3 Quotations correspond exactly to the original (ie as regards the use of capital letters, punctuation marks, etc). If a quotation contains a reference to a footnote, it is preferable to indicate that the footnote is omitted, or to insert the content of the footnote in square brackets in the main text.

Examples

Main text:

According to Harms JA:

”The effect of a non-variation clause has been the subject of two judgments of this Court, namely Shifren and, latterly, Brisley v Drotsky.”123

Footnote:

123 Telcordia Technologies Inc v Telkom SA Ltd 2007 3 SA 266 (SCA) para 12 (footnotes omitted).

or

Main text:

According to Harms JA:

“The effect of a non-variation clause has been the subject of two judgments of this Court, namely Shifren [SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren 1964 (4) SA 760 (A)] and, latterly, Brisley v Drotsky [2002 4 SA 1 (SCA)]”.123

 

Footnote:

123 Telcordia Technologies Inc v Telkom SA Ltd 2007 3 SA 266 (SCA) para 12.

3 2 4 As far as possible, avoid additions to or omissions from quotations. Additions should be placed in square brackets and omissions should be indicated by an ellipse (…). Quotations should not start with an ellipse but may end with one. Upper and lower case letters may be adapted with the aid of square brackets.

Examples

According to Innes CJ:

“[T]here can be no ratification of a contract … which is prohibited … by statute. Counsel [for the appellants] did not argue this point ...”

3 2 5 Double quotation marks (“…”) should be used for all quotations and single quotation marks for a quote within a quotation (“…„…‟…”). As a rule, quotation marks at the end of a quotation should be placed after the last punctuation mark (full stop, comma, etc) within the quotation if the quotation consists of a full sentence. Where the quotation consists of part of a sentence only, the quotation marks should be placed before the last punctuation mark (full stop, comma, etc). As a rule, do not use straight quotation marks ("...").

Examples

Nicholson J held:

“Of significance are the following comments in 1986 TSAR 232 by Van der Walt who states „In gevalle soos die wat hierbo vermeld is, herstel die Hof deur verlening van die gevraagde regshulp die versteuring van die daadwerklike beheer …‟.”124

Unwelcome conduct was defined in Henson v City of Dundee1 to mean unwelcome

“in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive”.2

 

3 3 Underlining and Italics

3 3 1 Underlining is not allowed, especially not as an alternative to italics.

3 3 2 Quotations should not be typed in italics, except and in so far as the original quotation is italicised, and subject to 3 3 4 below.

3 3 3 Words from any language other than that in which the contribution is written should be typed in italics and should not be placed in quotation marks.

3 3 4 Italics may be used to emphasise words, clauses or sentences. If used for this purpose in quotations, the change must be clearly indicated at the end of the quotations by expressions such as “emphasis added” or “own italics”.

 

3 4 Capital letters

 3 4 1 The use of capital letters should be limited to proper names, full titles or designations. Lower case letters are used in general designations.

 Examples

Capitals:

Chief Justice Langa

the Constitutional Court 6 the Supreme Court of Appeal

Parliament

the Department of Trade and Industry

the Minister of Justice

the South African Government

the Magistrates‟ Court Act

Lower case:

a judge or magistrate should decide

the president or a minister is entitled to

the parliaments of Europe

government control over

3 4 2 In headings, a capital letter should only be used for the first letter of the first word, except where the further use of capital letters in the heading is an orthographic requirement (for example for place-names and surnames).

3 4 3 All footnotes should begin with a capital letter and end with a full stop.

 

3 5 Headings, numbers and bullets

3 5 1 Contributions must be subdivided into logical units, each with its own numbered heading.

3 5 2 The following style should be used for numbering headings (omitting stops between numerals). Please do NOT use automatic numbering in the headings.

1

1 1

1 1 1

1 1 2

2

3

3 1

3 1 1

3 1 1 1

3 1 1 2

3 1 2

3 2

The following should be used as sparingly as possible: 1) (1) (i) (ii) (I) (III) (a) (d), etc. If the use of one of these styles is essential, lower case Roman numerals are preferable.

3 5 3 Bullets may be used to separate entries in non-numbered lists.

 

3 6 Numerals

Numbers below 20 should be written in full, except in the case of page-references or when used with a % sign; numbers of 20 or more should be expressed as numerals.

 

3 7 General

Avoid expressions like “the learned judge”, “respectfully” and “with respect”.

Gender-neutral language is encouraged. This can be promoted by using the plural or by avoiding use of a gender-specific pronoun. If this is not appropriate, use either “he” or “she”, but then do not alternate within a single piece of text, or use “he or she”. Do not use “he/she” or “(s)he”.

 

4 References

4 1 Page-references – general comments

4 1 1 Page-references should be limited to footnotes whenever possible.

Examples

the writer alleges1 or according to the court1

Footnote

1 519.

2 846A.

Not: “the writer alleges on page 519” and “according to the court at 846A”.

4 1 2 Page-references in footnotes should only contain the number of the page. A “p” preceding the number should not be used. Similarly, “on 519” or “at 846A” should be avoided. The page-number is sufficient.

4 1 3 For references to consecutive pages, page numbers should be given in full. Note that there is no space before or after the short hyphen connecting the relevant page numbers.

 Example

325-334 or 325-329 (and not 325-34 or 325-9 or 325 - 334)

4 1 4 References in the text may be followed by the words “above” and “below”, but not supra or infra. The abridged titles of books (see 4 2), journals (see 4 3) and cases (see 4 4) must not be followed by “above” or supra.

4 1 5 Multiple references to sources in a footnote should be separated by semicolons.

4 1 6 Footnotes should appear at the end of each page of the manuscript and not at the end of the manuscript. Footnotes should be consecutively numbered in Arabic numerals.

 

4 2 Books, chapters in books, loose-leaf publications, theses, official publications, LAWSA, unpublished materials

 4 2 1 Books

The following information should be furnished in the first reference:

  • initials and surname(s) of author(s) (see 4 2 1 1)
  • full title of book including volume number (see 4 2 1 2)
  • second and further editions (if any) (see 4 2 1 3)
  • year of publication in brackets (see 4 2 1 4)
  • page to which reference is made

 The following information should be furnished in subsequent references:

  • surname(s) of authors without initials (see 4 2 1 1)
  • abridged title of book (see 4 2 1 2)
  • page(s) to which reference is made

Examples

C Hoexter Administrative Law in South Africa (2007) 123 (full reference)

Hoexter Administrative Law 127-131 (abridged reference)

S Eiselen & G Pienaar Unjustified Enrichment A Casebook (1999) 123 (full reference)

Eiselen & Pienaar Unjustified Enrichment 234 (abridged reference)

S van der Merwe, LF van Huyssteen, MFB Reinecke & GF Lubbe Contract - General Principles 3 ed (2007) 123 (full reference)

Van der Merwe et al Contract 234 (abridged reference)

PQR Boberg The Law of Delict I (1984) 331 (full reference)

Boberg Delict I 331 (abridged reference)

4 2 1 1 Surname(s) of authors with initials

If there are two authors, the names of both authors, linked by an ampersand (&), should appear in the first and subsequent citations.

If there are more than two authors, the names of all the authors, separated by commas and an ampersand before the last name, should appear in the first citation. Only the name of the first author, followed by “et al” (not italics) should appear in subsequent citations.

4 2 1 2 Full or abridged title

The full title is cited where it is referred to for the first time. For subsequent references, an abridged title consisting of descriptive catchword(s) is used. Both full and abridged titles should be printed in italics. Capital letters are used for all nouns in the title as well as for adjectives which are conceptually linked to the nouns through professional or technical usage, eg Civil Procedure, Civil Disobedience, etc.

If a work consists of more than one volume, the number of the volume, in italicised Arabic or Roman numerals, depending on the numerals used in the publication, should be inserted after the title, without being preceded by vol or bk. This applies to both the full and abridged titles.

Where the same source, and only that source, is referred to in two or more consecutive footnotes, it is sufficient to cite only the page-number in the consecutive footnotes. It is then not necessary to use the abridged title.

Example

23 M Hogg Obligations 2 ed (2006) 207.

24 209.

25 135.

4 2 1 3 Edition

The number of the edition only appears in the full title.

4 2 1 4 Year of publication

The year of publication appears in brackets to prevent confusion with page-numbers. Abridged titles should not contain the year of publication.

 

4 2 2 Chapters in books

The following information should be furnished in the first reference:

  • the initials and surnames of the author(s) of the chapter (see 4 2 1 1)
  • title of the chapter in inverted commas followed by the word “in”
  • the initials and surnames of the editor(s) (see 4 2 1 1) followed by “(ed)” or “(eds)”
  • the title of the book in italics (see 4 2 1)
  • the year of publication in brackets (see 4 2 1 4)
  • the first page number of the chapter followed by the cited page number(s)

The following information should be furnished in subsequent references:

the surname of the author of the chapter an abridged title of the chapter in inverted commas followed by the word “in” an abridged title of the book in italics the cited page number(s)

Examples

M Tushnet “Comparative Constitutional Law” in A Reimann & R Zimmermann (eds) The Oxford Handbook of Comparative Law (2006) 1225 1229-1230 (full reference) Tushnet “Comparative Constitutional Law” in Handbook of Comparative Law 1231-1233 (abridged reference)

JG Lotz & FDJ Brand “Enrichment” in WA Joubert & JA Faris LAWSA 9 2 ed (2005) para 207 (full reference where Lotz is the original author and Brand the author of the update)

Lotz & Brand “Enrichment” in LAWSA 9 para 207 (abridged reference)

 

4 2 3 Loose-leaf publications

If a particular section of a loose-leaf publication is attributed to a specific author or authors, the following information should be furnished in the first reference:

  • the initials and surnames of the author(s) of the section (see 4 2 1 1)
  • the title of the section in inverted commas followed by the word “in”
  • the initials and surnames of the editor(s) followed by “(ed)” or “(eds)”
  • the title of the loose-leaf publication in italics
  • the second and further editions (if any) (see 4 2 1 3)
  • the year of publication of the current update service of the loose-leaf (not the particular section/chapter) preceded by the abbreviations “OS” for original service or “RS” for revised service with service number (where indicated) in brackets
  • the cited page reference

Subsequent citations use abridged references as with chapters in books (see 4 2 2).

Example

T Roux “Democracy” in S Woolman, T Roux, M Bishop (eds) Constitutional Law of South Africa 2 ed (RS 1 2009) 10–3-10–22 (full reference)

Roux “Democracy” in CLOSA 10–22 (abridged reference)

If a particular section of a loose-leaf publication is not attributed to a specific author, the following information should be furnished in the first reference:

  • the initials and surnames of the author(s) or editor(s) followed by “(ed)” or “(eds)” (see 4 2 1 1)
  • title of the loose-leaf publication in italics
  • the second and further editions (if any) (see 4 2 1 3)
  • the year of publication of the current update service of the loose-leaf (not the particular section/chapter) preceded by the abbreviations “OS” for original service or “RS” for revised service with service number (where indicated) in brackets
  • the cited page reference
  • Subsequent citations use abridged references as with books (see 4 2 1)

Examples

E du Toit, F de Jager, AP Paizes, A St Q Skeen & SE van der Merwe Commentary on the Criminal Procedure Act (RS 44 2010) 5-34A (full reference)

Du Toit et al Commentary on the CPA 5-35 (abridged reference)

N Steytler & J de Visser Local Government Law of South Africa (RS 2 2008) 4-2 (full reference)

Steytler & De Visser Local Government Law 4-3 (abridged reference)

 

4 2 4 Theses 10

Theses follow the same conventions as with books with regard to author and title. This is followed by the name of the degree for which the thesis was presented, the name of university which conferred the degree, and the relevant year in brackets.

Example

S Scott Unjust Enrichment by Transfer in South African Law: Unjust Factors or Absence of Legal Ground? DPhil thesis Oxford (2005) 8-9 (full reference)

Scott Unjust Enrichment 8-9 (abridged reference).

 

4 2 5 Official publications, SA Law Reform Commission publications

Official publications and SA Law Reform Commission Reports as far as possible follow the conventions applying to books. If a report has a number, the number should be used instead of the date.

Examples

RSA First Report of the Constitutional Committee of the President’s Council PC 3/1982 112-115 (full reference)

RSA First Report of Constitutional Committee 112-115 (abridged reference)

SA Law Reform Commission Domestic Partnerships Project 118 Report (2006) 12 (full reference)

SA Law Reform Commission Domestic Partnerships Report 14-30 (abridged reference)

 

4 2 6 Unpublished materials

References to unpublished materials should preferably be avoided. Such references should as far as possible follow the conventions applying to books and contain an indication of where the relevant materials can be obtained.

Example

LM du Plessis The Courts, the Legal Profession and the Legal Process in a Future South Africa (1989) unpublished paper presented at conference on A New Jurisprudence for a Future South Africa hosted by the Centre for Human Rights Studies at the University of Pretoria, 26-10-1990 (copy on file with author) (full reference)

Du Plessis Courts, Legal Profession and Legal Process (abridged reference).

 

4 3 Journal articles or essays, reviews, case comments, articles in printed media, websites

4 3 1 Journal articles or essays

The first reference should contain the following information:

  • initial(s) and surname(s) of author(s) (see 4 2 1 1)
  • title of the article in double quotation marks in Roman type (not italics)
  • year of publication in brackets (see 4 3 1 1)
  • volume number
  • name of the journal in italics, preferably abbreviated (see 4 3 1 4)
  • first page of the article followed by specific page to which reference is made

Further references should be abridged and should contain the following information:

  • surname of author
  • year of publication in brackets
  • name of the journal in italics, preferably abbreviated
  • specific page to which reference is made

Examples

D Simamba “The International Labour Organisation and the Right to Collective Bargaining: An African Perspective” (1989) 110 SALJ 515 517-523 (full reference) Simamba (1989) SALJ 521-523 (abridged reference)

4 3 1 1 Year of publication

If an article is published in instalments, the specific instalment to which reference is made should be identified in the same way as the volume number of a book (see 4 2 1 2). The Roman numeral follows directly after the title of the article, inside the quotation marks. It is not necessary to identify the instalment in an abridged reference to an article.

4 3 1 2 The name of the journal, in italics

Recognised abbreviations should be used as far as possible.

4 3 2 Reviews and case comments

4 3 2 1 Reviews and case comments as far as possible follow the conventions applying to articles (see 4 3 1 above).

4 3 2 2 The first reference to a review or case comment should contain the full title under which it originally appeared. Thereafter an abridged reference is used.

Case comments

LM du Plessis & M Olivier “Ngqumba v Staatspresident, Damons NO v Staatspresident, Jooste v Staatspresident 1988 4 SA 224 (A)” (1989) 4 SA Public Law 134 136-137 (full reference)

Du Plessis & Olivier (1989) SA Public Law 136-137 (abridged reference).

Book review

T Roux “Constitutional Property Law by A J van der Walt” (2007) 18 Stell LR 207 208 (full reference)

Roux (2007) Stell LR 208 (abridged reference)

 

4 3 3 Articles in printed media

Articles in printed media, eg newspaper and magazine articles, as far as possible follow the conventions applying to journal articles (see 4 3 1 above). The names of newspapers and popular magazines are not abbreviated.

Example

LM du Plessis “SA Howe - Grammofone of Politieke Kanaalgrawers?” Rapport (1986-05-18) 23 (full reference)

Du Plessis Rapport (18-05-1986) 23 (abridged reference).

When a statement in the text must be supported by data from a newspaper report, only the following particulars should be furnished in the footnote: Die Burger (09-07-2007) 6.

 

4 3 4 Websites

The format below for electronic sources is only permitted where the source is exclusively available electronically. Thus, official documents and articles which are published in print form, but also available electronically on, for instance, government websites, HeinOnline or other databases, are cited according to the format in 4 2 5 and 4 3.

Provide a comprehensive descriptive reference when citing a website. Where relevant, apply the rules for referencing authors and titles in 4 2 and 4 3. The title must be followed by the website address and the date, in brackets, when the webpage was last accessed, using the format below. When proofs are sent to authors it is suggested that they access the sites again to establish whether they are operative; the date when the site was last accessed must then be changed accordingly.

4 3 4 1 Electronic journals

Electronic journals are cited like ordinary journals (see 4 3) with the addition of the URL and the date when the webpage was last accessed.

Example:

N Kornet “Contracting in China: Comparative Observations on Freedom of Contract, Contract Formation, Battle of Forms and Standard Form Contracts” (2010) 14 Electronic Journal of Comparative Law 1 3-4 <http://www.ejcl.org/141/art141-1.pdf> (accessed 7-12-2010) (full reference)

Kornet 2010 Electronic Journal of Comparative Law 4 (abridged reference)

4 3 4 2 Judgments

For an example of the citation of judgments only available electronically see 4 4 8 below.

4 3 4 3 Other internet sources

The first reference to an electronic source should contain the following information:

  • initials and surname(s) of author(s) or editor(s), or the name of the institutional author, editor or compiler; where no author is indicated, insert “Anonymous”
  • full title of the document or text on the particular webpage (in double quotation marks)
  • the date of electronic publication, of the latest update of the website or webpage, or of posting (on a blog, for instance)
  • the title of the website upon which the document appears (in italics), usually the main title indicated on the homepage
  • the URL of the particular webpage, to which is referred, in angle brackets (< >); remove the hyperlink from the text of the article
  • the date when the author last accessed the particular webpage (in the form dd-mm-yyyy) preceded by the word “accessed” in brackets

Insert the particular page(s) or paragraph number(s) to which is referred directly before the URL.

The URL that is provided should lead directly to the cited document or text. Therefore, if the document or text does not appear on the homepage of the website itself, merely citing the URL of the homepage is inappropriate even though the document or text is available elsewhere on the website.

For instance, the following citation is incorrect because the URL does not lead directly to the text to which is referred:

OECD “Tax Reforms to improve Economic Performance” (8-12-2010) OECD <http://www.oecd.org/home> (accessed 7-12-2010)

The following citation, for the same text, is correct:

OECD “Tax Reforms to improve Economic Performance” (8-12-2010) OECD <http://www.oecd.org/document/45/0,3343,en_21571361_44315115_46639597_1_1_1_1,00.html> (accessed 7-12-2010)

Examples:

P de Vos “Fifa World Cup: Bad for Human Rights?” (29-01-2010) Constitutionally Speaking <http://constitutionallyspeaking.co.za/fifa-world-cup-bad-for-human-rights/> (accessed 7-12-2010)

E McArdle “FutureEd 2: A Major Conference explores how Legal Education will change amidst Rapid Globalization (Video)” (2-12-2010) Harvard Law School <http://www.law.harvard.edu/news/spotlight/classroom/futureed-conference.html> (accessed 7-12-2010)

JurisPedia contributors “Netherlands” (17-10-2007) JurisPedia, The Shared Law 13 <http://en.jurispedia.org/index.php/Netherlands> (accessed 7-12-2010)

Anonymous “These Issues are not just Black and White” (7-12-2010) University of Oxford <http://www.ox.ac.uk/media/behind_the_headlines/101307.html> (accessed 7-12-2010)

The following information should be furnished in subsequent references:

the surname of the author or editor, or the name of the institutional author, editor or compiler; where no author is indicated, insert “Anonymous” full title of the document or text on the particular webpage (in double quotation marks) the title of the website upon which the document appears (in italics), usually the main title indicated on the homepage

Example

Full citation:

E McArdle “FutureEd 2: A Major Conference explores how Legal Education will change amidst Rapid Globalization (Video)” (2-12-2010) Harvard Law School http://www.law.harvard.edu/news/spotlight/classroom/futureed-conference.html> (accessed 7-12-2010) (full reference)

E McArdle “FutureEd 2: A Major Conference explores how Legal Education will change amidst Rapid Globalization (Video)” Harvard Law School (abridged reference)

Where all of the information required for the abridged reference is not available, the full citation (including the URL) must be provided for all references to that source.

 

4 4 Cases

4 4 1 Cases should be cited in accordance with the conventions applicable to the jurisdictions from which they originate. Punctuation marks and brackets should be omitted in all South African cases, except in post-1946 references where the jurisdiction reference in capital letters should be placed in round brackets. Note that Supreme Court of Appeal decisions are abbreviated (SCA) or (HHA), whereas decisions of the former Appellate Division are abbreviated (A).

Examples:

Smith v Smith 1946 AD 201 203

Alton Coach Africa CC v Datcentre Motors (Pty) Ltd t/a CMH Commercial 2007 6 SA 154 (D&CLD)

Sonap Petroleum (SA) (Pty) Ltd v Pappadogianis 1992 3 SA 234 (A)

Constantia Insurance Co Ltd v Compusource (Pty) Ltd 2005 4 SA 345 (SCA)

Move On Up 254 (Pty) Ltd v Martin Kruger Associates CC 2010 2 All SA 369 (WCC)

Minister for Justice and Constitutional Development v Nyathi 2010 4 BCLR 293 (CC)

4 4 2 Only the name of the case is cited in the main text. The further particulars of the case reference (eg year, reporter, volume, page number and court) should be set out in an accompanying footnote. Where a footnote refers to a case which is also referred to in the preceding footnote, only the relevant page or paragraph of the case is cited in the following footnote. Where a contribution regularly refers to the same case (eg in a case note), the full case reference only has to appear in the first citation; thereafter only the relevant page number or paragraph of the case is cited.

Examples

Main text

In Tao Ying Metal Industry Pty Ltd v Pooe NO12 it was held that an arbitrator has to ensure at the outset that the ambit of the dispute has been properly circumscribed. According to Nugent JA, an award may also not be founded on matters that occur to the arbitrator but that the parties have had no opportunity to address. 13

Footnote

12 2007 5 SA 146 (SCA) para 5.

13 Para 6.

It is permissible to use an abbreviated version of the case name in the main text, eg “the Tao Ying case”. However, abbreviated case names are not used in footnotes where full case references must be provided every time a case is referenced.

4 4 3 Designations such as “and Another/Others” or “en „n Ander/Andere” should be omitted but not “NO” or “NNO”. Where, however, “NNO” is preceded by “and Another/Others” or “en „n Ander/Andere”, the latter designations are also retained.

4 4 4 Words like “on” or “at” preceding a page reference are unnecessary. Only the relevant page number(s) should be mentioned. Where paragraphs are also numbered, eg A, B, C, etc (as in the SA Law Reports), paragraph references should preferably be included.

Examples

846A, 223B-D or 331C-332D

4 4 5 Multiple case references in a footnote should be separated by semicolons.

4 4 6 When citing South African reports prior to 1910, follow the guidelines laid down in Hahlo & Kahn The South African Legal System and its Background (1973) 293-301, but omit punctuation marks.

Examples

Muter’s Executors v Jones 1860 3 Searle 356 359

Barker v Barker 1829 1 Menz 265 268

Tradesmen’s Benefit Society v Du Preez 1887 5 SC 269 272

4 4 7 Unreported judgments should be cited as follows: the name of the case; a reference to the jurisdiction abbreviated in the language in which the contribution is written; the date on which the judgment was given (in the form dd-mm-yyyy) and the case number.

Example

Waks v Jacobs en die Stadsraad van Carletonville TPD 30-10-1989 case no 5971/89

4 4 8 Judgments only available electronically

Where a judgment is only accessible electronically and appears in a well-known source which reports judgments, it is cited, as far as possible, in accordance with above guidelines.

Example

Strydom v Liebenberg 2007 JOL 20689 (SCA)

Other judgments only available electronically must be cited in the format generally used for electronic material, and must include the date of the judgment and the relevant court (see 4 3 4)

Example

Esau v Minister van Veiligheid en Sekuriteit (100/2008) 2009 ZANCHC 24 (4 May 2009) SAFLII <http://www.saflii.org/za/cases/ZANCHC/2009/24.html> (accessed 10-12-2010)

 

4 5 Legislation

4 5 1 Legislation should not be italicised and no punctuation marks should be used. The first reference should contain the full reference in the main text (ie name and further particulars, such as number and year) and thereafter only the name is cited.

Examples

National Credit Act 34 of 2005 (first reference)

National Credit Act (subsequent references)

4 5 2 In terms of the Citation of Constitutional Laws Act 5 of 2005 the 1996 South African Constitution should not be numbered like other Acts of Parliament (eg as Act 108 of 1996), but only be cited as the Constitution of the Republic of South Africa, 1996.

4 5 3 For acceptable abbreviations in respect of references to legislation see 3 1 3 above.

4 5 4 References to subordinate legislation should preferably also identify the Government Gazette in which it appears.

Examples

Proc R138 in GG 8331 of 06-08-1982;

GN R 3 in GG 7356 of 02-01-1981 (for regulations).

4 5 5 References to Bills must include the bill number for the final version or the Government Gazette information for draft versions.

Examples

The Sectional Titles Schemes Management Bill B20-2010

The Sectional Titles Schemes Management Bill (draft) in GN R1447 GG 32666 of 30-10-2009

 

4 6 Old Authorities

Accepted usages should be followed whenever possible. Where no fixed conventions exist, older authorities are to be cited like any modern book.

 

Examples

D 9 2 5 3, D 9 2 27 pr I 2 1 31 C 10 15 Nov 134 9

De Groot Inl 3 32 7 De Groot De Jure Belli ac Pacis 2 10 2 1

Voet 47 1 2

Groenewegen De Leg Abr 4 10

Van Leeuwen CF 1 2 4 5 Van Leeuwen RHR 2 5 1

Van der Linden Koopmans Handboek 1 7 2

Van der Keessel Th 323 Van der Keessel Praelectiones ad Gr 2 4 38

Schorer ad Gr 3 27 6

Van Bynkershoek Obs Tum 303

Pauw Obs Tum Nov 128

Vinnius ad I 2 1 39

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