College of Law

TL 302 Basic Guidelines

Tanja Botha
Project Editor
Department of
PCIL

Open Rubric
 OSCOLA Guidelines

• Format, layout and, language

• Referencing
 Referencing

• How to cite and reference a particular source

• Footnotes
• Bibliography
 Referencing

• Books
• Journal Articles
• Case Law
• Legislation
• Internet Sources
• Theses and dissertations
• International Instruments
• Law Commission Reports
• Newspaper Articles
 Referencing
Books
• a) Name and surname of author followed by a comma
• b) Title of the book in italics
• c) Edition (if any) followed by a comma and publisher followed by the year of
publication, all in brackets
• d) Page number on which you found the relevant information.

Example: Claire Smith, The Law of Insolvency (3rd edn, Butterworths 1988) 3.
• The shortened form:
Example: Smith, Insolvency 3.
• Bibliography
Example:
Smith, Insolvency
Smith C, The Law of Insolvency (3rd edn, Butterworths 1988)
 Referencing

• Book with two authors

Example: Iain Currie and Johan de Waal, The Bill of Rights Handbook (5th edn, Juta
2005) 199.

• The shortened form of the citation will look like this:

Example: Currie and de Waal The Bill of Rights

• Bibliography
Example:
Currie and de Waal The Bill of Rights
Currie I and de Waal J The Bill of Rights Handbook (5th edn, Juta 2005)
 Referencing

• Book with three authors

Example: Johann Neethling, J Potgieter and JC Knobel Law of Delict (8th edn,
LexisNexis 2021).

• The shortened form of the citation will look like this:

Example: Neethling, Potgieter and Visser Law of Delict.

• Bibliography:
Example:
Neethling, Potgieter and Visser Law of Delict
Neethling J, Potgieter J and Knobel JC Law of Delict (8th edn, LexisNexis 2021)
 Referencing
• Chapters in books
• Indicate the author of the particular chapter followed by the title of the chapter in
inverted commas. Then give the editor's name followed by the book's title in italics
and the book's publication information in brackets.

Example: John Cartwright, ‘The Fiction of the “Reasonable Man”’ in AG Castermans

and others (eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009).
Short Form Example: Cartwright, ‘The Fiction of the “Reasonable Man”’.

• Bibliography
Example:
Cartwright, ‘The Fiction of the “Reasonable Man”’
Cartwright J, ‘The Fiction of the “Reasonable Man”’ in Castermans AG and others
(eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009)
 Referencing

• Journal Articles
• a) Full name and surname of author followed by a comma
• b) Title of the article in single inverted commas
• c) Year of publication in square brackets if there is no volume number but if there
is a volume number, put the year of publication in round brackets
• d) Volume number not in round brackets (if there is one)
• e) Name of the journal (not in italics) and written out in full or abbreviated if the
journal has a known abbreviation
• f) First page number of the article followed by a comma
• g) Page where you found the relevant information.
 Referencing
• Example: Where there is no volume number:
Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440, 445.

• Example: Where there is a volume number:

Alison L Young, ‘In Defence of Due Deference’ (2009) 72 MLR 554, 557.

• The short references will look like this:

Example: Craig, ‘Theory, “Pure Theory” and Values in Public Law’ 445.
Example: Young, ‘In Defence of Due Deference’ 557.

• Bibliography:
Craig, ‘Theory, “Pure Theory”’
Craig P, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440
Young, ‘In Defence of Due Deference’
Young AL, ‘In Defence of Due Deference’ (2009) 72 MLR 554
 Referencing
Note that journal articles found online should be cited as if they are hard copy
journals.

Example: Graham Greenleaf, ‘The Global Development of Free Access to Legal

Information (2010) 1(1) EJLT <http://ejlt.org/article/view/17> accessed 27 July 2010.

Use abbreviations
• African Human Rights Law Journal AHRLJ
• Comparative and International Law Journal of Southern Africa CILSA
• South African Journal of Criminal Justice SACJ
• South African Journal on Human Rights SAJHR
 Referencing
• Case law
• Cases are reported in various law reports such as the South African Law Reports

• Basic formula
a) Name of the first party (in italics followed by v (in italics)
b) Name of the second party (in italics)
c) Year
d) Volume of law report in round brackets
e) The abbreviation for the particular law report, for example, SA (this stands for South
African Law reports)
f) Page number on which reported case begins
g) Abbreviation for the court that handed down the judgment in round brackets.
 Referencing

• Case law
Example: Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA).

Short form is used after first citation

Example Van Zyl v Road Accident Fund 2020 (4) SA 503 (SCA) [43]
(hereinafter ‘the Van Zyl case’).

No short form in bibliography

 Referencing
• Legislation

• The basic formula to use for referring to South African legislation is:
a) The title of the Act (not in italics)
b) Number and year of the Act.

• Example: Criminal Procedure Act 51 of 1977.

A shortened form may be used, such as Act 51 of 1977 or Criminal Procedure Act
or CPA

• Note abbreviations in guidelines (eg s, ss, para, art)

 Referencing

• Internet sources
a) Author name and surname followed by a comma (Note: If no author is identified,
but an organisation or institution claims editorial responsibility for the work, cite it as
the author. If no person, organisation or institution claims responsibility for the work,
begin the citation with the title)
b) Title of contribution in single inverted commas
c) Any other publication details such as the date of publication in brackets
d) Website address in angled brackets <www……>
e) Date last accessed.
 Referencing

• Internet sources
Example: Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
<www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009.

• Short form
Example: Cole, ‘Virtual Friend Fires Employee’

• Bibliography
Example:
Cole, ‘Virtual Friend Fires Employee’
Cole S, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)
<www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009
 Referencing

• Theses and Dissertations

a) Name and surname of author followed by a comma

b) Title of thesis or dissertation in single inverted commas
c) In brackets then include:
i. The type of qualification followed by a comma
ii. The name of the Institution where the qualification was obtained
iii. Date
d) Page number on which you found the information.
 Referencing

• Theses and Dissertations

Example: Javan Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’
(DPhil thesis, University of Oxford 1989) 56.
• Short form
Example: Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’ 56.
• Bibliography
Example:
Herberg, ‘Injunctive Relief for Wrongful Termination of Employment’
Herberg J, ‘Injunctive Relief for Wrongful Termination of Employment’ (DPhil thesis,
University of Oxford 1989).
 Referencing

• International Instruments
a) Name of the treaty (not in italics)
b) In brackets, the date of adoption followed by the date it was entered into. A comma
separates these two dates.
c) In brackets the date of signature if known (if this is not known, you leave it out)
d) Volume number of treaty series
e) Name of treaty series
f) Page number on which convention begins
g) In brackets the shortened form of the convention
h) Specific article of the convention you are referring to (if you refer to the convention
as a whole, you will leave this out).
 Referencing
Example: International Covenant on Civil and Political Rights (adopted 16
December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art 3.

Example: Convention Relating to the Status of Refugees (adopted 28 July 1951,

entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention) Art 33.

Example: Protocol Relating to the Status of Refugees (adopted 31 January 1967,

entered into force 4 October 1967) 606 UNTS 267 (Protocol) Art 2.

Bibliography
ICCPR
International Covenant on Civil and Political Rights (adopted 16
December 1966, entered into force 23 March 1976) 999 UNTS 171
(ICCPR)
 Referencing
• Law Commission Reports
a) South African Law Commission (as the author) followed by a comma,
b) The title of the issue paper/discussion paper or report in italics
c) Publisher (SALC) and date of publication in round brackets
d) The exact page on which you found the relevant information.

South African Law Commission, Issue Paper 20 (Project 123) Protected

Disclosures (SALC 2002) para 3.

South African Law Commission, Discussion Paper 107 (Project 123) Protected
Disclosures (SALC 2004) para 56.

South African Law Commission, (Project 123) Report on Protected Disclosures

(SALC 2007).
 Referencing
Example in bibliography

SALC Issue paper on Protected Disclosures

South African Law Commission, Issue Paper 20 (Project 123) Protected
Disclosures (SALC 2002)
 Referencing
Newspaper Articles
a) Author name and surname
b) Title of article in single inverted commas
c) Name of newspaper in italics
d) In brackets the following information:
i. Place of publication followed by a comma
ii. Date of publication.
iii. Page number on which information was found.

Example: Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1
July 2010) 3

Example: Ian Loader, ‘The Great Victim of this Get Tough Hyperactivity is Labour’
The Guardian (London, 19 June 2008)
<www.guardian.co.uk/commentisfree/2008/jun/19/justice.ukcrime> accessed 19
November 2009
 Referencing
Example:
Loader, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’
Loader I, ‘The Great Victim of this Get-Tough Hyperactivity is Labour’ The
Guardian (London, 19 June 2008)
<www.guardian.co.uk/commentisfree/2008/jun/19/justice.ukcrime> accessed 19
November 2009
 Bibliography

• Your work must be supplied with a bibliography in which you give both the
shortened and the complete reference to the sources you cited (except for case
law and legislation where you only give the complete reference).
• The short reference appears first, followed by the long reference.
• Do not add full stops after references in the bibliography
• The bibliography should be divided into sub-headings for books, journal articles,
case law, legislation, internet sources, theses and dissertations, international
instruments etc.
• Sources should be listed alphabetically according to the surname of the author
under each source. If there is more than one source per author, these should be
listed chronologically.
• See an example bibliography attached as Annexure B.
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