Faculty of Law
Plagiarism and Referencing
Referencing: what and why
What is referencing? Why are we referencing?
System used to show that research Shows good academic practice
and extensive reading were done. Shows reading and research were
Acknowledgement of sources. done.
Two parts: in-text referencing and Gives your work credibility; shows
reference list that your work is based on academic
principles and research.
Sources can be traced, shows what
sources were used.
Acknowledge other people’s work.
Plagiarism
Plagiarism Acknowledge your
Unintentionally constitutes sources – whether
using someone Deliberately
pretending Either way, it misconduct it is a direct quote,
else’s work means trouble. according to the paraphrased
without someone else’s
work is your own. Student information or a
acknowledgement Disciplinary Code. concept/idea.
Faculty of Law
Obiter Stylistic Guidelines
For students
Layout and presentation
• Text should be in Arial 12, 1.5 spacing and justified
• Section headings should be Arial 14
• Lesser subheadings should be Arial 13
• Footnotes should be in Arial 10, single spacing and
justified
• A quotation with 41 words or more must appear as a
separate paragraph with a 1 cm indent on either side, in
Arial 11, and single spacing
• Also include one line space immediately before and after
each quotation with 41 words or more
• Quotations of 40 words or less must stay within the
ordinary text
Headings and numbers
• Make use of subheadings to subdivide your assignment
into logical units
• Note that headings are not indented and use full stops
between numerals
1.
2.
2.1.
2.1.1.
2.1.2.
• if further subdivision necessary then lower case Roman
numerals are preferable e.g. (i) (ii) (iii) (iv)
• Subheadings starting with Roman numerals to be in
italics (e.g. (i) the right to life)
Headings and numbers example
Main Heading
1. Socio-economic rights
Sub-heading
1.1. The right to access to adequate housing
Further sub-heading
1.1.1. Content of the right
Headings and numbers
Where sub-headings are used, the first sub-headings must
immediately follow the heading. For example,
1. Socio-economic rights
1.1. The right to access to adequate housing
Only use sub-headings if you will have more than one sub-
heading. For example, there should not be a 1.1 if you do not
have 1.2 further down in the document.
Capital letters
• For assignments, all the words of a title are in lower
case except for the first letter of the first word, which
should be upper case.
• Words like section, applicant, court and respondent
do not start with a capital letter but Labour Court,
High Court, Industrial Court, Labour Appeal Court
and Act do start with capital letters.
• Capitalisation of ‘State’: ’State’ (and other abstract
nouns) are capitalised when used in an abstract or
legal sense – eg ‘separation between Church and
State’, or ‘The State has a duty to its citizens.’
Footnotes
• For assignments, footnotes are used for references.
• All footnotes end with a full stop.
• Footnotes should be justified.
• Reference to footnote numbers should appear after
punctuation and quotation marks, for example:
§ for example ”¹ ,² ?³
§ and not ¹” ², ³?
• Multiple sources in footnotes separated by
semicolons (;).
• Ibid may be used only if the reference in the
footnote above is exactly the same i.e. the same
author, book/article and page numbers.
Language and writing style
• Language
– Use the active voice instead of the passive voice. However,
where required, passive voice may be used for purposes of
accuracy.
– For example, do not write, “Factors that were considered by
the court were…”. Instead, write, “The court considered the
following factors:”
– South African English should be used for all written work
and not American English. In other words, “ise’ should be
used rather than “ize”
• Acceptable: The State is required to utilise all available resources.
• Unacceptable: The State is required to utilize all available resources.
– Also note that “while” should be used instead of “whilst”.
Language and writing style (continued)
• Language
– In English, you would only use an apostrophe for plurals to
correct pronunciation (very rare), but otherwise plurals
DON’T take an apostrophe.
– Centuries and dates also do not take apostrophes – e.g.
‘1980s’ and ‘the 1800s’ is correct.
– Don’t make use of long, complicated sentence structures.
– When the future tense is not necessary, use the present
tense.
• The use of italics
– Words from any language other than that in which the
assignment is written, should be in italics.
– For example, court a quo – the “a quo” must be in italics.
Abbreviations/Acronyms
• Abbreviations are not to be used in the text, they are
only used in footnotes
• Acronyms can be used in the text
• Abbreviations and acronyms are without punctuation
• Use of abbreviations/acronyms must be consistent
• The following abbreviations are accepted in footnotes:
§ For a section – s 138(5)(b) [in text – section 138(5)(b)]
§ for sections – ss 138-139 [in text – sections 138-139]
§ for paragraph – par [31] (note: the plural “pars” is not used.)
§ for chapter – ch.
§ for example – e.g.
§ Italicise paragraph lettering in legislation – s 138(5)(b)
Punctuation
• 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
appears in brackets, the full stop must be placed in front
of the last bracket.
Quotations and quotation marks
• Direct quotations should be used sparingly and be as brief as
possible. However, do not paraphrase where legal accuracy
will be compromised.
• A direct quotation must correspond exactly with the original
text
• A quotation with 41 words or more must appear as a
separate paragraph with a 1 cm indent on either side, in Arial
11, and single spacing
• A quotation of 40 words or less should appear as ordinary
text
Quotations and quotation marks
• Any changes or additions to quotations placed in
square brackets [ ]
• When the first word of a quoted phrase or sentence is
included in a sentence, the uppercase first letter of
the word should be in lowercase between square
brackets.
• E.g. ‘Article 2(3) provides that “[t]he State must”’
• Not: ‘Article 2(3) provides that “The State must”’
• Do not italicise quotations.
• Quotations should be clearly indicated by double
quotation marks, with single quotation marks used
only for quotes within a quotation
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Quotations and quotation marks
• Quotations should not start with ellipses […], but may end
with […]
• If the middle part of a sentence is quoted, the first word in
the quote will start with a lower case letter. This shows that
the word is not the first word in the sentence from which the
words are quoted.
• When the last word of a quotation is not the last word of the
quoted sentence, the quotation must end with an ellipse.
• E.g. ‘Article 2(3) provides that “[t]he State must promote a healthy
environment […]”’
• When a quotation does not contain all the words in the quote
phrase or sentence(s), use an ellipse to indicate where the
words are missing
• E.g. Article 2(3) provides that “[t]he State must promote a health
17
environment [...] and the wellbeing of its citizens”
Quotations and quotation marks
• When a change is made to the spelling of a word
within a quotation, use square brackets to indicate
the beginning and the end of what has been changed
• E.g. Article 2(3) provide[d] that “[t]he State must
promote a healthy environment [...] and the wellbeing of
its citizens”
• Where a quotation uses “in terms of this Act”, use “in
terms of th[e] Act, unless the context justifies
retaining the word “this”.
18
Page references
• reference to pages should be in footnotes only and not
in text
• in footnotes – only the number of the page should be
included.
• The page number should not be preceded by a “p”. For
example:
• Acceptable: Grogan Dismissal (2010) 10.
• Unacceptable: Grogan Dismissal (2010) p 10.
• references to consecutive pages for example 325-334
• reference to a footnote above
See fn 15 above.
• reference to a footnote below
See fn 47 below.
Page references
• For articles and chapters, the reference should indicate
the number of the first and last page of that chapter or
article. If one refers to specific page(s) in the article or
chapter, refer to the number(s) of the relevant page(s).
• E.g. Le Roux “The Impact of the 2002 Amendments on
Residual Unfair Labour Practices” 2002 23 Obiter 311-322
at 314-316.
Books
• Use surname(s) of authors without initials
• first reference:
Grogan Dismissal (2010) 10.
• subsequent references:
Grogan Dismissal 15.
• book titles in italics
• year of publication in brackets ()
• followed by relevant page number – no preceding “p”
• If it is the first edition of the book, the word edition is
not included
• edition number is only used in first reference:
Fouché Practical Guide to Labour Law 3ed (2009) 109.
Books (continued)
• first reference where there are more than two authors:
Basson, Christianson, Garbers, le Roux, Mischke and Strydom
Essential Labour Law (1998) 80-88.
• subsequent references:
Basson et al Essential Labour Law 80-88.
• et al is in italics
• two authors separated by “and” in text and footnotes
Books (continued)
• use a shortened title for the book in subsequent
references where possible; first reference:
Grogan Employment Rights in South Africa (2010) 12.
• Subsequent reference – shortened title and no
reference to year:
Grogan Employment Rights 15.
Books (with editors)
• The abbreviations (ed) or (eds) to follow after
surnames of editor/s if a collective work:
Smith and Swart (eds) Human Rights in South Africa (2007).
• Reference must be made to a specific author of the
chapter and the relevant chapter title in a collective
work which has 1 or more editors:
Nair “The Right to Equality” in Smith and Swart (eds) Human
Rights in South Africa (2007) 212-230 at 212.
• Subsequent reference:
Nair in Smith and Swart (eds) Human Rights in SA 212.
Loose-leaf publications
• Use author’s name without initials
• The title of section must be in double quotation marks
• The title of a loose-leaf publication must be in italics
followed by the date and page
• First reference:
Dean “Performers’ Protection” in Handbook of South African
Copyright Law (2003) 112.
• Subsequent reference:
Dean Handbook of South African Copyright Law 112.
Conference papers
• Use author’s surname without initials
• The title of paper must be in italics, name of conference,
date of conference (in brackets) and page number:
• First reference:
Du Toit When does Affirmative Action in Favour of Certain
Employees Become Unfair Discrimination Against Others?
Paper presented at conference on Equality: Theory and
Practice in SA and Elsewhere, University of Cape Town,
(January 2001) 14.
• Subsequent reference:
• Author, name of conference and page:
Du Toit paper presented at conference on Equality: Theory
and Practice in SA and Elsewhere 14.
Dissertation, thesis, treatise
• Use author’s surname without initials
• The title of the thesis must be in italics, type and
institution (in brackets), year and page:
Buchan Franchisor Failure: An Assessment of the Adequacy
of Regulatory Response (doctoral thesis, Queensland
University of Technology) 2010 23.
• Subsequent reference:
• Author, shortened title and page number:
Buchan Franchisor Failure 23.
Cases
• When names of parties are referred to in the text, do
not repeat names in parenthesis, just the citation.
• Always indicate specific page and/or paragraph of
case referring to
• Different publications make use of different brackets
or no brackets at all. Therefore, set out the citation
exactly as provided for by each publication.
• Case names are always in italics – in main text and
in references.
• Note that “and Another” / “and others” are left out in
references of case names
• When referring to previously cited cases, use supra
for a subsequent reference of a case
Cases
• first reference:
National Union of Metalworkers of South Africa v Total Service
Station (2002) 23 ILJ 1835 (LC) 1837D.
Strydom v Van der Walt 2004 (1) SA 335 (A) 342G.
• subsequent reference:
NUMSA v Total Service Station supra 1841F.
Strydom v Van der Walt supra 344B.
Cases (continued)
• Unreported cases:
• name of the case;
• court where the case was heard;
• indicate that unreported;
• date on which the judgment was given in the form yy-mm-dd;
• the case number.
Waks v Jacobs & die Stadsraad van Carletonville TPD
(unreported) 1989-10-30 Case no 5971/89 par[5].
Articles
• first reference:
Le Roux “The Impact of the 2002 Amendments on Residual
Unfair Labour Practices” 2002 23 Obiter 311-322 at 314.
• subsequent references:
Le Roux 2002 Obiter 314.
• Author’s surname without initial must be used
• title of article must be in double quotation marks
• year of publication of journal article is not in brackets
• volume number without preceding “vol”
• title of journal in italics
Articles
• The first page and last page of the article, as well as the
page number(s) being referred to must be indicated in
first reference
• For example:
• ABC “Def” (2021) 33 GHI 123-135 at 129 - 131
Newspapers and Magazines
• first reference:
Bisseker “New Laws for FIFA 2010” (2009-12-21) Herald 3.
• subsequent references:
Bisseker (2009-12-21) Herald 3.
• Author’s surname without initials in text
• title of article in double quotation marks
• publication dates is in brackets (yyyy-mm-dd)
• title of the newspaper in which the article appears must
be italicised
• page number of article
LAWSA
• paragraph references instead of page numbers should
be used for references to LAWSA.
• First reference:
LAWSA XVII Mortgage and Pledge par 398-402.
• Subsequent reference:
LAWSA XVII par 398-402.
Legislation
• Short titles should not be in italics and no punctuation
marks should be used, for example:
The Interpretation Act 33 of 1957.
• Where the short title of the Act is used in the text, the
number and the year should be in a footnote, for
example:
Text:
As set out in the Interpretation Act.¹
Footnote:
¹ 33 of 1957.
Legislation
• Referencing a section of an Act:
Text:
A court may grant a decree of divorce on the ground of an irretrievable break-
down of the marriage if the marriage has deteriorated to such an extent that it
cannot be restored.1 The court may accept evidence that the parties have not
lived together as husband and wife for a continuous period of at least one year
immediately prior to the date of the institution of the divorce action.2
Footnote:
¹ S 4(1) and (2)(a) of the Divorce Act 70 of 1979.
• Subsequent reference:
Footnote:
2 S 4(1) and (2)(a) of Act 70 of 1979.
The Constitution
• Referencing the Constitution:
The Constitution of the Republic of South Africa, 1996 (the
Constitution).
• Referencing the interim Constitution:
Text:
The Constitution of the Republic of South Africa¹ (the interim
Constitution).
Footnote:
¹ 200 of 1993.
Government notices/policies
• For example:
Proc R138 in GG 8331 of 1982-08-06.
GN R3 in GG 7356 of 1981-01-02. (for regulations)
• Abbreviations used:
§ AN – administrator’s notice
§ reg – regulation
§ GN – government notice
§ Proc – proclamation
§ GG – Government Gazette
Websites
• surname(s) of author(s) or editor(s), or the name of the
institutional author, editor or compiler
• full title of the document in double quotation marks
• date of electronic publication or latest update of website (in
brackets), if no date available then insert (undated) after the
title of the article
• URL of particular webpage (identical)
• date accessed (yyyy-mm-dd)
• pages are usually non-existent but if available indicate
Keene and Yang “PRC Passes Labour Contract Law” (10 July 2007)
http://www.allens.com.au/pubs/pdf/asia/fochempjul07.pdf (accessed
2009-03-27) 3.
Websites
• Subsequent reference
• surname(s) of author(s) or editor(s), or the name of the
institutional author, editor or compiler
• URL of particular webpage (identical)
• Date on which it was accessed
• pages are usually non-existent but if available indicate
Keene and Yang http://www.allens.com.au/pubs/pdf/asia/fochempjul07.pdf
(accessed 2009-03-27) 3.
International Instruments
Treaties
• If a treaty name is mentioned in the text, do not include it again in the footnote.
• Treaty reference: adopted: day, month, year; entry into force (EIF): (date or not
yet); State acceded to / ratified in year.
In text: 2012 Treaty Concerning the Joint Exercise of Sovereign Rights over the
Continental Shelf in the Mascarene Plateau Region between the Government of the
Republic of Seychelles and the Government of the Republic of Mauritius (SRT)
Reference: (2013) 79 LOSB 26. Adopted: 13.03.2012; EIF: 18.06.2012.
Examples of where treaties may be found include the UNTS, ILM, LOSB, JOLGA,
RGDIP and websites of organisations.
• UNTS: volume number UNTS page number
• ILM: (year) volume number ILM page number
• LOSB: (year) volume number LOSB page number.
International Instruments
Treaties
1990 International Convention on Oil Pollution Preparedness, Response and
Cooperation (OPRC 1990)
Reference: 1891 UNTS 51, (1990) 30 ILM 733, (1991) 18 LOSB 37. Adopted:
30.11.1990; EIF: 13.05.1995. South Africa acceded in 1992.
• Subsequent reference to an article from that treaty: state the article number
and the abbreviation of the treaty.
Article 311 of the LOSC.
International Instruments
Treaties
• Some treaties not published in UNTS, ILM etc. State the date adopted, EIF and
when it was ratified by the country you are referring to. Then give the url
where one may find the treaty (accessed: day. month. year).
In text: the 2010 Nagoya Protocol on Access to Genetic Resources and the
Fair and Equitable Sharing of Benefits Arising from their Utilisation to the
Convention on Biological Diversity
Reference: Adopted: 29.10.2010; EIF: 12.10.2014. Ratified in 2014. Available
at https://treaties.un.org/ doc/Publication/UNTS/No%20Volume/30619/A-
30619-08000002802b5335.pdf (accessed: 19.01.2017).
• If published on more than one platform, include references for all platforms.
International Instruments
Treaties examples
In-text: 1982 United Nations Convention on the Law of the Sea (LOSC)
Footnote: 1833 UNTS 3, (1982) 21 ILM 1261. Adopted: 10.12.1982; EIF:
16.11.1994.
Subsequent reference: Article 121(1) of the LOSC.
In-text: The 2010 Nagoya Protocol on Access to Genetic Resources and the
Fair and Equitable Sharing of Benefits Arising from their Utilisation to the
Convention on Biological Diversity (Nagoya Protocol)
Footnote: Adopted: 29.10.2010; EIF: 12.10.2014. Available at
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-
8-b&chapter=27&clang=_en (accessed: 19.01.2017).
Footnote: 1999 Treaty for the Establishment of the East African Community
(EAC Treaty) (2144 UNTS 255; adopted: 30.11.1999; EIF: 07.07.2000).
Subsequent reference: Article 5(1) of the EAC Treaty.
International Instruments
International cases – examples
In text: in the M/V ‘Saiga’ Case
Footnote: M/V ‘Saiga’ (Saint Vincent and the Grenadines v Guinea)
(judgment of 04.12.1997) 1997 ITLOS Reports 16 par [82].
In text: ‘Camouco’ Case
Footnote: ‘Camouco’ (Panama v France) (judgment of 07.02.2000) 2000
ITLOS Reports 10 par [67].
Mike Campbell (Pvt) Ltd and 78 Others v the Republic of Zimbabwe
(judgment of 28.11.2008) [2008] SADCT 2.
Maritime Delimitation in the Black Sea (Romania v Ukraine) (judgment of
03.02.2009) 2009 ICJ Reports 61 par [116].
International Instruments
Examples of references to international documents
2001 ILC Draft Articles on State Responsibility (UN Doc. A/56/10 (2001)).
2015 Addis Ababa Action Agenda of the Third International Conference on
Financing for Development Addis Ababa (UN Doc. A/RES/69/313 (17.08.2015)) par
[2].
UN CESCR General comment No. 23 (2016) on the right to just and favourable
conditions of work (article 7 of the International Covenant on Economic, Social and
Cultural Rights) (7 April 2016) (UN Doc. E/C.12/GC/23) par [58].
UNCLOS I ‘Summary records of the 31st to 35th meetings of the Third Committee’
13 (UN Doc. A/CONF.62/C.2/SR.22 (1958) Official Records V 96).
UNGA ‘82nd plenary meeting—70th session’ item 79 (UN Doc. A/70/PV.82 (2015)
9–11).
Table of Statutes
• on a separate page at the end of the assignment
after the conclusion
• Entries must be listed in alphabetical order
TABLE OF STATUTES
Apportionment of Damages Act 34 of 1956
Magistrates’ Court Act 32 of 1944
Promotion of Equality and Prevention of Unfair Discrimination
Act 4 of 2000
Road Accident Fund Act 56 of 1996
Table of Cases
• on a separate page at the end of the assignment
after the Table of Statutes
• Entries must be listed in alphabetical order
TABLE OF CASES
Abrahams v Peterson 1988 3 SA 52 (C)
Abrahams v The Minister of Safety and Security [1996] 2 All
SA 176 (D)
Galaxie Melodies v Dally 1975 4 SA 736 (A)
Kloosterman v De Wet 1995 11 BCLR 212 (CC)
Van Gool v Guardian National Insurance Co Ltd 1994 2 SA
134 (W)
Bibliography
• on a separate page at the end of the assignment
after the Table of Cases
• Entries must be listed in alphabetical order
BIBLIOGRAPHY
BOOKS
Barnard, AH, Cronjé, DSP and Olivier, PJJ The South African Law of
Persons and Family Law 3ed (1994) Butterworths: Durban.
Davel, CJ and Jordaan, RA Law of Persons Students’ Textbook (1995) Juta
& Co Ltd: Cape Town.
JOURNAL ARTICLES
Havenga, M “Corporations and the Right to Equality” 1999 THRHR 495.
Rautenbach, IM “The Conduct and Interests Protected by the Right to
Privacy in Section 14 of the Constitution” 2001 TSAR 115.
Bibliography
• on a separate page at the end of the assignment
after the Table of Cases
• Entries must be listed in alphabetical order
BIBLIOGRAPHY
INTERNET SOURCES
Abell “The Regulation of International Franchising” November 2010
http://whoswholegal.com/news/features/article/28705/regulation-
international-franchising (accessed 2015-08-28).
Acts Online “Consumer Affairs Committee Reports, Business Practices
Committee Reports” October 2000
https://www.acts.co.za/consumer_affairs_reports (accessed 2012-08-24).
NEWSPAPER ARTICLES
Gillingham Hard Times but Industry Still Resilient: New Brands Find
Market Entry Difficult as Economic Downturn Affects the Sector in SA
(2011-09-25) Sunday Times Survey: Franchising 17.
