MANUAL FOR THE APPLICATION OF THE PRESCRIBED STYLE OF REFERENCE OF THE FACULTY OF LAW (NWU, POTCHEFSTROOM CAMPUS) (Applicable to all assignments and 4 th year dissertations within the ambit of the qualifications B Comm Law, BA Law and LLB) This manual must be read with the official PER Style of Reference as found on the faculty s website and/or Efundi. Revised: 2011 (The 2012 revision is currently prepared)
Acknowledgements This document has been compiled from a variety of historical documents with regard to the style of reference and the writing of dissertations of the Faculty of Law (NWU, Potchefstroom). The contributions of all the original authors, Francois de Villiers, Jacques Matthee, Anri Botes, several colleagues and the SRVP are hereby acknowledged with gratitude. Any errors or unclarities must please be emailed to Prof Anél du Plessis anel.duplessis@nwu.ac.za. Important note For any reference style-query that is not addressed in this document, the reader is adviced to consult the reference style of the Potchefstroom Electronic Law Journal (PELJ) that is available on the web page of the Faculty of Law. Should not this document nor the PELJ reference style provide an answer to a particular reference question, the reader must consult the following source: The Oxford Standard for Citation of Legal Authorities available online at: http://denning.law.ox.ac.uk/published/oscola.shtml 2
INDEX 1. Examples of preambles 4 2. Technical requirements: body (content) of the assignment/dissertation 10 3. Guidelines for the use of the style of reference (footnotes and bibliography) 18 Addendum: Solemn Declaration 36 3
1. EXAMPLES OF PREAMBLES * Front page * Index * List of abbreviations 4
1.1.1 FRONT PAGE INDIVIDUAL ASSIGNMENT KW VAN DER MERWE (Katryn) (initials, surname and name) 123466781 (student number) JURI 122 (module code) Assignment 3 (assignment number) Lecturer: Prof TM Roos (name of the module s lecturer) 30 April 2011 (submission date) Take note: No pictures or photos on front page unless it is required for a certain assignment. No plastic folders or bags are permitted. The front page does not have a page number. 5
1.1.2 FRONT PAGE GROUP ASSIGNMENTS KW VAN DER MERWE (Katryn) (initials, surname and name) 123466781 (student number) AL DICKSON (Adriaan) 14299542 PM DE KOKER (Priscilla) 12289763 WW RICHARDSON (Wilma) 12298544 JURI 122 (module code) Assignment 3 (assignment number) Lecturer: Prof TM Roos (name of the module s lecturer) 18 November 2011 (submission date) Take note: No pictures or photos on front page unless it is required for a certain assignment. No plastic folders or bags are permitted. The front page does not have a page number. 6
1.1.3 FRONT PAGE 4 TH Year Dissertations Negligence and Consensus: A Legal Perspective on the Position of Medical Practitioners (title of dissertation) Dissertation submitted for partial fulfilment of the requirements for the degree Baccalaureus Legum at the North West University (Potchefstroom Campus) by Cornelia Aletta Bekker 12762520 (Note: the front page does not have a page number) Study Supervisor: Miss Anél Terblanché (name of study supervisor) October 2011 (submission date) 7
1.2 INDEX: EXAMPLE INDEX (on separate A4 page, without a border) List of abbreviations 1 1. Introduction 2 2. The legal position in South Africa 4 3. The legal position in the Gauteng Province 8 4. Voids in national and provincial legislation 14 5. Summary, conclusion and recommendations 19 Bibliography 23 Take note: The index is drafted after the assignment/dissertation has been completed. The index is inserted between the front page of the assignment/dissertation and the first page of the content. The page(s) with the index can be numbered in the centre of the page below using a small Roman number ( i and ii ). The ordinary page numbers (1,2,3 etc) start with the the first page of the text paragraph or chapter 1. All earlier pages should be numbered using Roman numbers. 8
1.1 LIST OF ABBREVIATIONS: EXAMPLE LIST OF ABBREVIATIONS (on separate A4 page, without a border) DBSA Development Bank of South Africa DEAT Department of Environmental Affairs and Tourism ECHR European Court of Human Rights ECJ European Court of Justice EU European Union LAWSA The Law of South Africa NEMA National Environmental Management Act 107 of 1998 SADC Southern Africa Development Community SAHRC South African Human Rights Commission Take note: When unknown or not well known abbreviations are used in the assignment/dissertation, a list of abbreviations should be placed directly after the index. Listed abbreviations must include, for example, acronyms and journal titles. The assessor of the assignment/dissertation must be able to find an abbreviation if he/she is unfamiliar with it. As far as possible only use acknowledged abbreviations as they appear in dictionaries. Well known abbreviations need not be listed; for example: in other words (ie), paragraph (par), section (s), sections (ss), regulation (reg), example (ex) etc. The use of these types of abbreviations in the text of the assignment/dissertation should be avoided as far as possible. It may, however, be allowed in the footnotes. Abbreviations such as LAWSA (The Law of South Africa), DWEA (Department of Water and Environmental Affairs) and UN (United Nations) must, however, be listed. Use abbreviations as little as possible in the text, for example "section 12" Use abbreviations as much as possible in footnotes, for example "s 12" Abbreviations are written without a full stop. 9
If an abbreviation appears at the beginning of a sentence or footnote it must be written with a capital letter. 10
2. TECHNICAL REQUIREMENTS: BODY (CONTENT) OF ASSIGNMENT / DISSERTATION 11
Golden rules 1. All assignments and dissertations must be prepared in MS Word format. 2. A good assignment/dissertation is set out logically by making use of introductory and concluding paragraphs. 3. No assignment/dissertation may be submitted before the accuracy of the language has been fully tested throughout. 4. The manner in which you refer to your sources must remain uniform throughout the assignment/dissertation especially in cases where no specific guidelines are provided for in the Faculty s style of reference (the style of reference for specific types of sources is discussed later in this document). Examples Throughout your text refer to the SAHRC instead of referring to SAHRC in some places and in other places to the South African Human Rights Commission. If you separate ideas with semicolons (;) instead of commas (,), make sure that you treat similar sentences in the same way throughout your assignment/dissertation. 5. If any aspect of the style of reference is not regulated in the prescribed reference style document, the OSCOLA 1 -standard can be used as a guideline: http://denning.law.ox.ac.uk/published/oscola.shtml. 1 The Oxford Standard for Citation of Legal Authorities. 12
Make use of the following checklist before you start with and after you have concluded the textual discussion in the assignment/dissertation to make sure that all the requirements have been met. 1. Make sure the front page is complete in accordance with the example(s) provided for in this document. 2. Make sure there is a complete index in accordance with the example in this document. 3. The page numbers as they appear in the index should correspond with those in the textual discussion. 4. Make sure a list of non-obvious abbreviations is included in accordance with the example in this document. 5. Make sure a complete and correct bibliography appears at the end of you assignment/dissertation on a new page (the bibliography must be compiled as you progress with the assignment/dissertation). 6. Sources in the bibliography should not be listed blindly in the order they were used, but alphabetically. 7. Make sure that: a. The assignment/dissertation is provided with the necessary introductory and concluding paragraphs; b. the assignment/dissertation reads logically throughout; c. the assignment/dissertation forms a reasoned unit; and d. no form of plagiarism was committed in the completion of the assignment/dissertation. Have a look at the definition of plagiarism as it appears in all study guides. 8. As already stated, double check that no spelling, typing or grammatical errors have been made. 9. A solemn declaration must always be provided for at the end your assignment/dissertation, with in which you declare that the work is your own. You will find an example of such a declaration for purposes of assignments at the end of this manual. A specific declaration form is used in the case of final year dissertations. 13
Use the following guidelines during the writing of the assignment/dissertation to ensure that the assignment/dissertation meets all the requirements. NUMBERING OF PAGES (Computer path: Insert Page numbers) Pages must always be numbered at the bottom centre of the page. Numbering must be Arabic numbers for examples 1, 2, 3 etc. The numbering should commence on the first page with text after the front page. It is usually the page on which the list of abbreviations appear. Page numbers must be in the same font as the text, namely Arial 12pt. Double click on the page number itself to adjust the font as necessary. HEADINGS Function Numbering Description Example Main heading 1 Bold 1 Constitutional provisions Subordinate 1.1 Bold+ Italics 1.1 Bill of Rights heading Further subordinate 1.1.1 Italics 1.1.1 Right to life heading Any other heading 1.1.1.1 (etc) No bold or italics 1.1.1.1 Horizontal application Take note: Only use Arabic numbers as in the example. Notice the use of full stops. No full stop appears after the last number of a heading. FORMAT Text is justified with 1½ line spacing (Computer path: Format Alignment Justified) Arial 12pt font is used throughout All headings must start at the left margin. 14
One line is left open between consecutive paragraphs as well as before and after quotations. Tables and other graphics must be accompanied by headings, which must be numbered (eg Table 1) and must be uniform throughout. LANGUAGE British English is always the preferred English (Computer path: Tools Language Set Language English (U.K.) OK Italics is used for: all foreign words in a language other than the one in the assignment/dissertation, eg inter alia, Rechtsstaat, etc. This also applies to English words in Afrikaans assignments/dissertations. Note that long quotations in a foreign language that are indented and justified need not be typed in italics. Italics is used for: the titles of legal journals, the titles of legislation and court cases (see the style of reference). Only the first word of a heading in your text is written with a capital letter, except if the words are written with capital letters according to normal grammar rules. However, in the case of references to the titles of books, for example in footnotes, every main word must be written with a capital letter, for example The Important Book and not The important book. With the help of a dictionary and your prescribed textbooks, make sure of the use of lower case letters and capital letter words - for example appeal, government, state and official, but Magistrate Court, High Court, High Court of Appeal, Constitutional Court and Minister must be written with capital letters. When referring to articles in legal journals, use the capital letters and lower case letter in the title of the article in your footnotes and bibliography exactly as it is used in the source. If it is obviously incorrect, you need to correct it according to the rule: only definite an indefinite articles = lower case letters Avoid the use of "me" and "I" (personal pronouns). As far as possible avoid the use of the passive form. 15
OTHER STYLISTIC GUIDELINES 1. References to constitutions (general) and the Constitution of South Africa (specific) Capital letter whenever you refer to a specific act or constitution, for example the "Namibian Constitution" or the "Constitution of Australia". Lower case letter whenever you refer in general to a constitution or act as legal source, for example "countries constitutions usually contain a list of enforceable rights..." or "there are various constitutions regulating law of property..." The official prescribed method for referring to the new Constitution of South Arica is: Constitution of the Republic of South Africa, 1996. 2. The use of brackets If an entire sentence is written in brackets, the full stop is also placed within the brackets. If only part of a sentence is placed in brackets, then the full stop of the main sentence, which must be read with the content of the brackets, is placed outside the brackets. Eg: Piet and his sister are blind (A dog bit them in the eye.) but... Piet and his sister are blind (as a result of a dog bite). 3. The use of quotations (from other sources) A direct quotation from another source, that is not longer than one typed line, must be quoted in the same sentence, for example: Swanepoel is of the opinion "that people with long hair do not have money to cut their hair." (In this case the full stop appears within the quotation.) 16
Before and after a direct quotation from another source which is longer than one typed line, there should always be an open line before and after such a quotation (as if it is a new paragraph) Example Paragraph1XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXX: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX (here the quotation is in 11 points, single line spacing and without any quotation marks, because the structure will indicate that it is a direct quotation. Quotations that are indented and justified like this are not typed in italics regardless of the language.) Paragraph2XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Quotations are indented and justified on both sides. Quotations are typed in single line spacing. No quotation marks are used in the long justified quotations, for example Take note: The concept, for example Parliament, is in a "" and the phrase ("Parliament" is defined as) is written in a new line, but still attached to the previous paragraph. "Parliament" is defined as: The ideal form of government which is established by way of collaboration, coordination, co-operation and integration. (The English is in italics because it is in a language other than the one being used in the assignment/dissertation.) 17
Single quotation marks are used for quotations within a quotation, for example "the most appropriate form of biodiversity regulation is arguably by means of 'economic instruments'." Punctuation marks that form part of the quotation are placed within the quotation marks as was done with the full stop in the example above. All references to the source in which the quoted text originally appears, is done by way of a footnote. The footnote reference must appear directly after the name of the author. Example: Feris 2 is of the opinion that "there may not be enough resources to adequately address environmental justice issues." If you need to refer to the author in you assignment/dissertation, always use the author s surname, for example Meyer, Dankowitz or Rasool (see example above). Remember: No direct quotation can carry a message across if it is not placed in context and the relevance of the quotation is not explained. The footnote reference always appears after the punctuation mark. Example: There are thousands of acts which complicate purchase transactions. 3 or While strict control is exercised over purchase transactions in South Africa, 4 it is true that corruption still increases in transactions in which government organisations are involved. 5 2 Feris Environmental Justice 3. 3 See De Wit Selling Agreements 299. 4 See De Wit Selling Agreements 299-350. 5 See Raubenheimer Corruption in SA 12. 18
3. GUIDELINES FOR THE USE OF THE STYLE OF REFERENCE (FOOTNOTES AND BIBLIOGRAPHY) 19
3.1 GENERAL GUIDELINES 3.1.1 Footnotes (fn) (Computer path: Insert Reference Footnote Insert. In MS Word 2007: References Insert footnote.) When you are at the footnote and endnote dialogue box, make sure the footnotes are in Arabic numbers and are continuous. In other words you do not start each page s footnotes at 1.) Footnotes appear at the bottom of each page of your text. No reference to sources within the text itself (eg Smith, 2008:5). No endnotes at the end of your assignment/dissertation. No full stop at the end of your footnote number at the bottom of your text. (happens automatically when you use MS Word) No open line between footnotes. Footnotes must have single spacing. Footnotes must be justified like the text itself. Font size in footnotes: 10pt Arial. (usually it would happen automatically on your computer) Margin: 0.75 cm "hanging indent" is used (press tab after the footnote number, before typing in the source.) Move with the mouse to the text of the footnote and type Ctrl T in order to justify the second and following lines directly underneath the first line. Footnotes at the bottom of the page must not be in "superscript" in other words the footnote number must be in a direct line with the source. See the footnotes of this document as an example. A footnote is used as soon as an author s name is mentioned or a statement has been made, for example Patterson 6 says...; or for example: It is estimated that eighteen percent of all people suffer from serious attention deficiencies 7...; or for example: The Constitution 8 makes it clear that discrimination based on religion is prohibited. All page references must be given in the following format: 222-224 and not 222-4 or 222-24. No use of p or page only the numbers indicate the relevant page numbers. The titles of books are shortened in footnotes whenever the title is longer than one typed line. 6 Place the source here as the style of reference requires. 7 Wielandt Psychological Obstructions 18. 8 S 9 of the Constitution of the Republic of South Africa, 1996. 20
Examples: Footnote Cornelius Principles 33. (usually shortened by including the first noun of importance) Bibliography Cornelius SJ Principles of the Interpretation of Contracts in South Africa (LexisNexis Durban 2002) A semicolon is used to separate more than one source from each other, for example 9 (see footnote 9 below for example) but in the case of two references from the same source only a comma is used. 10 (see footnote 10 below for example) There must be a full stop after each footnote regardless of which type of source is referred to in the footnote. Very important: you may not make use of words such as ibid, supra or infra. Refer to paragraph numbers above or below for example: See par 1.3 above. 9 Cornelius Principles 33; Van der Berg Forbidden Fruit 35. 10 Cornelius Principles 33, 67. 21
3.1.2 Bibliography A bibliography appears at the end of your text. Sources are alphabetised (according to authors surnames) underneath the following headings: Literature All books, journal articles, chapters in books, reports, conference contributions, newspaper articles, dissertations etc. Case law All law reports referred to. Legislation All statutes referred to (includes the Constitution although the Constitution is not regarded as a normal statute) International instruments All conventions, treaties etc (international reports, books etc written by international authors appear in the list of literature. This refers only to official international agreements and other international legal instruments) Internet sources Articles and literature found on a website. A line is left open between two sources. Sources are listed in single line spacing, still in Arial 12pt. No full stops appear after sources in the bibliography (only in footnotes in the text!) 22
BIBLIOGRAPHY: EXAMPLE BIBLIOGRAPHY (see the specific guidelines below) Literature Badenhorst et al Silberberg and Schoeman s The Law of Property (Note: This is the way in which you cited the publication in your footnote followed by the full citation.) Badenhorst PJ et al Silberberg and Schoeman s The Law of Property 4 th ed (Butterworths Durban 2003) (Note: The edition number does not form part of the title of the book and must therefore be written in the language of your assignment or dissertation and not that of the book itself. The same applies to the citing of the place of publication for example, Cape Town instead of Kaapstad.) Bosman Waste Disposal or Discharge Bosman C Waste Disposal or Discharge: A Harmonised Regulatory Framework Towards Sustainable Use (M Sc Environmental Management Dissertation PU for CHE 1999) Du Plessis, Olivier en Pienaar 2004 SA Public Law Du Plessis W, Olivier N en Pienaar J "Land Matters: New Developments" 2004 (19) SA Public Law 456-470 Case law Minister of Public Works and Others v Kyalami Ridge Environmental Association and Others 2001 7 BCLR 652 (KH) An important point to keep in mind with case law, is the language in which you write. If you are writing in Afrikaans, it would sometimes be necessary to translate the abbreviation of the court in Afrikaans, for example (CC) = (KH), CPD = KPA, C = K, etc. The same happens if you are writing in English and the law report is published in Afrikaans. In that case you need to translate to English. Silvermine Valley Coalition v Sybrand van der Spuy Boerderye and Others 2002 1 SA 478 (KPD) Legislation and government publications (discussed separately below) Communal Land Rights Act 2004 Constitution of the Republic of South Africa, 1996 (If an act is also available in Afrikaans, use the Afrikaans title when you are writing in Afrikaans. If only an English version of the act exists, the name in English must be given and may not just be loosely translated.) Development Facilitation Act 67 of 1995 Environmental Conservation Act 73 of 1989 23
Extension of Security and Tenure Act of 1997 International instruments Convention on the Prevention of Marine Pollution (1972) Copenhagen Declaration (World Summit on Social Development) (1995) Council of Europe Charter of Local Self-Government (1985) Declaration of Bizkaia on the Right to the Environment (1999) Internet sources Dircksen LM 2007 The Way Forward in Child Rights Adjudication www.childrights.com [date of use 18 January 2009] Maier T 2006 Courts and Courtesy www.sacourts.gov [date of use 6 May 2007] 24
3.2 MORE ABOUT REFERENCE TO SOURCES IN FOOTNOTES AND THE BIBLIOGRAPHY 3.2.1 General Use great care when using sources as supporting material in assignments/dissertations: o Sources found on the internet (a website other than an academic database like Heinonline) should be avoided as far as possible. o Wikipedia is not regarded as supporting material for academic work and should be avoided at all costs. The general rule is that all the necessary bibliographical information, ie, information without which a source cannot be identified, must be quoted uniformly. If there is no prescription in the style of reference for referring to a specific source, then reference to that specific source must be done uniformly with as much applicable information as possible. 25
3.2.2 Examples of the reference to specific types of sources in bibliography and footnotes BOOKS 1 author only the surname edition/volume not mentioned page number with a full stop Footnote Strydom The Important Book 35. Bibliography Strydom A The Important Book 2 nd ed (Juta Cape Town 2008) author s surname and initials book s title say nothing when it is a 1 st edition 1 st place always mentioned No punctuation marks in bibliography! 2 authors Conjunction ( and ) = in language of assignment/dissertation, not in language in which source appears Footnote Strydom and Keetman The Important Book 35. Bibliography Strydom A and Keetman NW The Important Book 2 nd ed (Juta Cape Town 2008) 3 authors Footnote Strydom, Keetman and Krige The Important Book 35. Bibliography Strydom A, Keetman NW and Krige SB The Important Book 2 nd ed (Juta Kaapstad 2008) 4 and more authors Only the first author s name is mentioned Footnote Strydom et al The Important Book 35. Bibliography Strydom A et al The Important Book 2 nd ed (Juta Cape Town 2008) 26
Books compiled by editors 1. If there is 1 editor: Footnote Becker (ed) Knowing Nothing Now (Kentridge Johannesburg 2009) Bibliography Becker TKW (ed) Knowing Nothing Now (Kentridge Johannesburg 2009) 2. If there is more than one editor: Footnote Lefenya and De Waal (eds) Sporting Law (Juta Durban 2005) Bibliography Lefenya Y and De Waal PB (eds) Sporting Law (Juta Durban 2005) Reference to compiled books (chapters by different authors) 1. Where reference is made only to one chapter in the compiled work: Footnote Fourie "Without Reason" 3-14. Bibliography Fourie CG "Without Reason: Notes on the test" in Joubert WA and Faris JA (eds) Legal Conundrum in South Africa (Butterworths Durban 2000) 2. Where reference is made to the compiled work in its totality: Footnote Joubert and Faris (eds) Bosstories in Suid-Afrika. Bibliography Joubert WA and Faris JA (eds) Legal Conundrum in South Africa (Butterworths Durban 2000) 27
CASE LAW plaintiff v defendant year volume of reporting (changes when it is an appeal) series of law reports court where case was heard Specific paragraph in law report Text Fn Bibliography Corris v Corris 1997 2 SA 930 (W)*differs from court to court Corris v Corris 1997 2 SA 930 (W) 56H-I. Corris v Corris 1997 2 SA 930 (W) Take note: After reference has been made to a court case for the first time in the text or footnote, it can be renamed shortly thereafter as the Corris-case, but it must be made clear that further reference to the case will be done accordingly. Example: In Corris v Corris 11 (bold is only used to illustrate the example) it was held that there is not a lot a court can do for personal marriage problems. In the Corris-case 12 it was also emphasised that the best interest of the child forms an integral part of South African children law. 11 1997 2 SA 930 (W) (hereafter the Corris-case). 12 53A-B. 28
INTERNET SOURCES Anonymous author Date on which source was created webpage address (not in blue/underlined) remember the full stop! Footnote Anon 2007 http://www.ihavethehammer.com. Bibliography Anonymous 2007 I have the Hammer http://www.ihavethehammer.com [date of use 16 Nov 2008] not in blue/underlined and no full stop Date on which consulted (month is abbreviated) Known author Footnote De Meier 2007 http://www.ihavethehammer.com. Bibliography De Meier TW I have the Hammer http://www.ihavethehammer.com [date of use 16 Nov 2008] Date on which source was created is unknown Footnote De Meier Date Unknown http://www.ihavethehammer.com. Bibliography De Meier TW Date Unknown Ek het die Hammer http://www.ihavethehammer.com [date of use 16 Nov 2008] Take note: If it is not clear who created the source (for example who created the article), you can refer to the institution on whose webpage the article or contribution appears, for example the United Nations or Department of Health or Cancer Association SA. The use of internet sources without complete information like dates and authors as references in assignments/dissertations, should be avoided as far as possible Be wary of the content of outdated websites! 29
Legal journals published on the internet (for example the Potchefstroom Electronic Legal Journal or Erasmus Law Review), are referenced as though they are normal journal articles and not internet sources. The same applies to legislation and law reports contained on an internet database. Important: "Google", "Yahoo" and similar search engines are not internet sources and may therefore never be listed as a source in the bibliography. 30
NEWSPAPER ARTICLES AND ARTICLES IN POPULAR MAGAZINES (FOR EXAMPLE BEELD AND YOU) page number (not volume number) Footnote Hartely Business Day 4. Bibliography Hartely G DA rails at Selebi s use of crime figures Business Day 18 July 2006 page number (not volume number) Take note: Non-scientific information as found in newspaper articles and popular magazine articles should be treated with great care. The use of these sources as authority for statements in assignments/dissertations should be kept to an absolute minimum. 31
CONFERENCE CONTRIBUTIONS Published conference contributions (for example in conference collections) Presentation title in quotation marks Footnote Faure "The legal obligation of municipalities" 10-12. Bibliography Faure G "The legal obligation of municipalities" in SALGA Local Government Law Conference 25-28 September 2007 Johannesburg 10-17 A gathering / Institution / occasion Subject of discussion in italics Unpublished conference contributions (speech published on internet or elsewhere) speech, therefore no page numbers Footnote Faure " The legal obligation of municipalities ". Bibliography Faure G "The legal obligation of municipalities" (Unpublished speech delivered at SALGA s conference on local government law in Johannesburg 25-28 September 2007 Johannesburg) 32
THESIS AND DISSERTATIONS Footnote Wessels Mining industry in South Africa 221. Bibliography Wessels J Mining industry in South Africa and the New Environmental framework (LLM-dissertation University of Pretoria 2005) 33
GOVERNMENT PUBLICATIONS Footnote GP R456 in GG 11456 of 24 April 2006. Bibliography Exactly the same R=Regulation Always in a Government Gazette (GG) Depending on the type of publication this can also be: Government notice (GN) Proclamation (Proc) General Notice (Gen Not) Examples: GN R456 in GG 11456 of 24 April 2006 Proc R34 in GG 10345 of 13 December 2005 Gen Not 342 in GG 24567 of 24 December 2006 Number and date of publication A Regulation s sub-divisions are called regulations and can be abbreviated as reg in a footnote, for example: GN R456 13 determines that xxxx. Regulation 3 determines that no-one xxxx. Should someone xxxx. 14 13 In GG 11456 of 24 April 2006. 14 Reg 5(2). See also regs 7-9. 34
ACADEMIC JOURNAL ARTICLES JOURNAL name page(s) in the article which is being referred to Footnote Strydom 2008 Law Journal of Southern Africa 35-36. Bibliography Strydom A "The Written Article" 2008 Law Journal of Southern Africa 35-50 title of article pages on which the entire article appears as it is shown in the journal index Take note: The names of journals are abbreviated as far as possible and included in the list of abbreviations at the beginning of the assignment/dissertation. The abbreviated journal name is italicised. Certain journals give an indication in the editorial pages of how the journal name is supposed to be abbreviated, for example THRHR for Tydskrif vir Hedendaags Romeins-Hollandse Reg and SALJ for South African Law Journal. Capital letters and lower case letters in the title of the article are used as they are mentioned in the original article and also in accordance with the rule that only definite and indefinite articles are written in lower case letters. The date (year) of the specific edition of the journal appears in both the footnote and the bibliography. 35
LEGISLATION Text/Footnote 1 st reference National Water Act 36 van 1998. Complete act name and number 2 nd reference NWA (only if indicated in the text/footnote that this will be the manner in which all further references to this act will be done) Bibliography National Water Act 36 van 1998 Bibliography contains no reference to specific sections in the act, only act name. If all references in the text of the assignment/dissertation are to the same act, the reference can simply be made to "the act" or an abbreviated version (for example Children s Act) after the full reference has been given for the first time. An abbreviated name for an Act (such as the Children s Act) or an abbreviation such as NWA should not be typed in italics and must be indicated where the full reference is used in the text (not footnotes) for the first time. For example: The National Water Act 36 of 1998 (hereafter the Water Act) provides that.... It appears from section 12 of the Water Act that... Acts contain sections. Therefore reference is made to, for example, section 12 of the Criminal Procedure Act. Abbreviations are possible if reference to sections in the act are made in footnotes: for example S 12 (start of a sentence) or s 12 (later than the first word in the sentence). If you simultaneously refer to a couple of sections in a single act, then in the footnotes you can refer to Ss 4, 7 and 11 of the Criminal Procedure Act or ss 11 to 13 of the Children s Act. 36
Addendum SOLEMN DECLARATION: ASSIGNMENTS AND PAPERS I, the undersigned (initials and surname),.......(university number ) hereby solemnly declare that: 1. I know that it is wrong to copy (that is to copy and paste or simply write over) any text (that is any sentence, paragraph or longer texts) from a text book, journal, study guide, prescribed study material, from the internet or from text that was written by another student or by any other person and then to present it as my own work, even if I do refer to the source in the bibliography. 2. I also know that it is unacceptable to copy parts of text here and there in my assignment or paper and that I am not allowed to make use of the exact wording of another text, even if I add my own words here and there or rearrange the sequence of the copied text. 3. I understand that I must use texts as sources in the sense that I have to interpret the principles discussed in the text, describe it in my own words and then answer the question asked. 4. I know that an instruction to use additional sources does not mean that I may copy any other source or text word for word. 5. I understand that I may use short quotations but that I am then required to clearly indicate the text as a quotation, in accordance with the house style of the faculty. This is the only legitimate way in which I may use the exact wording of another text in an assignment and paper. 6. I know that I have to substantiate any factual allegation by referring to an applicable source. I must also acknowledge the origin of any idea or opinion I refer to in my paper or assignment, if it was originally formulated by anyone else.. 7. I know that I have to make use of footnotes throughout my assignment and paper to refer to my sources and that I have to list all sources in the bibliography. 8. I know that I may only include sources in the bibliography if I have read them myself. If author X refers to another book or article by author Y and I have only read the article by X, not the article or book by Y, I may not include the article or book by Y in my bibliography. The same applies to any legislation or cases the authors refer to. 9. I know that I am guilty of academic dishonesty and a contravention of the rules of the NWU whenever I: a. Do not act in accordance with the principles set out above. b. Make my own work available to another person, thereby enabling that person to copy my work or to use it to complete his or her assignment or paper. c. Submit a memorandum that I have in my possession, as my assignment, thus presenting it as my own intellectual effort. d. Present anybody else s work as my own, regardless whether the real author of the work is a previous or current student, a student at another university or anybody else. It also does not matter whether this person completed the assignment on my behalf on my request or instructions or not. e. Present my own work as the work of somebody else or allow that my work be presented as the work of anybody else. 10. I know that a lack of time, a busy schedule, peer pressure, committee commitments, sport commitments, tradition or personal circumstances will not be a defence on a charge of academic dishonesty. 11. I know that disciplinary steps will be instituted against me if there is a suspicion that I may have acted dishonesty as described in this declaration. 12. I further realise that I may jeopardise my own future career as a jurist if I am found guilty of academic dishonesty. Any such finding will appear on my university record. (Signature) (Date) 37