UCT Libraries Brand van Zyl Law Library http://www.lib.uct.ac.za/law

STANDARD CITATION CONVENTIONS

CONTENTS:

1. CASES 1.1 Southern Africa

Recent South African law report series 1910-1947 Before 1910 Black Appeal Courts reports Other southern African jurisdictions

1.2 United Kingdom and Ireland 1.3 United States 1.4 Germany 1.5 The Netherlands 1.6 International law reports 1.7 Other jurisdictions 1.8 Unreported cases

2. LEGISLATION 2.1 Constitution 2.2 South African statutes 2.3 South African subordinate legislation 2.4 Zimbabwe and Botswana 2.5 United Kingdom 2.6 Australia and New Zealand 2.7 Canada 2.8 United States 2.9 Germany

3. TREATIES

4. SECONDARY SOURCES 4.1 Books 4.2 Theses and dissertations 4.3 Essays in edited books 4.4 Journal articles 4.5 Unpublished papers and Conference papers

5. OTHER SOURCES 5.1 Commissions of Inquiry 5.2 South African Law Commission documents 5.3 Hansard 5.4 White papers 5.5 Newspaper articles 5.6 Internet sites 5.7 Informal communications 5.8 The Old Authorities

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1.CASES

1.1 SOUTHERN AFRICA

General Guidelines

Standard citation format:

Case name Year Volume Law Report Series

Page case begins

Court Pinpoint reference (page and paragraph)

Administrator, Transvaal v Traub

1989 4 SA 731 A at 761F-G.

The names of the parties must be in italics.

If you cite a particular page or paragraph, supply the page and paragraph number, preceded by the word at :

Boesak v Minister of Home Affairs 1987 (3) SA 665 (C) at 684 H.

Where the court numbers the paragraphs of its judgment (as the Constitutional Court tends to do) also cite the court s paragraph number:

Mohlomi v Minister of Defence 1997 (1) SA 124 (CC) para 19 at 133 H.

If the case was reported in more than one series of law reports, it is only necessary to cite one of these.

Examples

Recent South African law reports series

Tip: The publisher of the law report series usually prints the case citation in the required form at the top of each page. South African Law Reports (1947 - ) Boesak v Minister of Home Affairs 1987 (3) SA

665 (C).

All South African Law Reports (1996 -) Ex parte Stoter [1996] 4 All SA 329 (E). Constitutional Law Reports (Butterworths) (1994 -)

Harris v Minister of Education 2001 (8) BCLR 796 (T).

Industrial Law Reports (1980- ) Franks v University of the North (2002) 22 ILJ 1158 (LC).

Juta s Tax Law Reports (1997- ) Tiger Oats Ltd v Commissioner, South African Revenue Services 2001 (11) JTLR 385.

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Labour Law Reports (Butterworths) (1994 -) TGWU & Others v Coin Security Group (Pty) Ltd

[2001] 4 BLLR 458 (LC). Prentice-Hall Weekly Legal Service (1923 - 1995 )

S v Louw 1994 (2) PH H73 (T).

South African Criminal Law Reports (1990- ) S v Martin 1996 (2) SACR 378 (W). South African Tax Cases (if not reported in SA Law Reports) (1926- )

Muller v CIR (1953) 18 SATC 17 (T). If before the Income Tax Special Court: ITC 1033 (1964) 26 SATC 73.

1910-1947

The Supreme Court of South Africa was established in 1910. From 1910 to 1947 the decisions of each Division of the Supreme Court were reported in a separate series, one for each Division of the Court:

Appellate Division (1910-1946) Zeeman v Botha s Trustee 1923 AD 167. Cape Provisional Division (1910-1946) McMillan v Locomotive Drivers and Firemen s

Mutual Aid Society 1922 CPD 578. Eastern Districts Local Division Reports (1910-1946)

Miller v West 1914 EDL 563.

Griqualand West Local Division Reports (1910-1946)

Snyder v Steyn 1912 GWL 67.

Natal Law Reports (New Series) (1879-1932) Ntsele v Ntuli (1927) 48 NLR 3. Natal Provisional Division Reports (1933-1946)

Stender v Stender 1938 NPD 125. Orange Free State Provincial Division Reports (1910-1946)

Nel v Minister of Justice 1923 OPD 14.

Transvaal Provincial Division Reports (1910-1946)

R v Paizes 1941 TPD 118.

Witwatersrand Local Division Reports (1910-1946)

Ferreira v Grant 1941 WLD 187.

Before 1910 Some more common examples of pre-1910 law reports series: NOTE: where a series consists of numbered volumes (eg SC, numbered 1 26), the date of the case appears in brackets. Brackets are not used when the series consists of annual volumes denoted by year rather than volume number. Buchanan s Appeal Court Reports (1880-1910)

Harsant v Olssen 1885 Buch AC 108. Buchanan s Supreme Court Reports (1868-1879)

Peacock v Hodges 1876 Buch 65.

Cape Supreme Court Reports (1880-1910) R v Maphaga (1908) 25 SC 230. (Note: the volumes of SC reports are numbered consecutively from 1 26. The date thus appears in brackets.

Cape Times Law Reports (1891-1910) Skibble v Kolbe (1906) 16 CTR 292. Eastern Districts Court Reports EDC (1880-1887; 1891-1909)

Mba v Elliott (1898) 13 EDC 35.

Griqualand West High Court Reports (1882- Anderson v Lindquist (1886) 4 HCG 39.

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1910)

High Court Reports [South African Republic] (1881-1892)

Scorgie v Smit (1882) 1 SAR 21.

Juta s Supreme Court Reports (1880-1894) Wheeler v Van Reenen (1883) 2 Juta 269. Menzies Supreme Court Reports (1928-1849) Wood v Gilmour (1840) 3 Menz 159. Official Reports of the South African Republic (1894-1899)

S v Tom (1895) 2 OR 27.

Orange River Colony Law Reports (1903-1909)

Bothma v Lace Diamond Co Ltd 1903 ORC 13.

Roscoe s Supreme Court Reports (1861-1867; 1871-1872)

Jones v Stewart (1878) 3 Roscoe 17.

Searle s Supreme Court Reports (1850-1867) Slabber v Bell (1861) 4 Searle 37. Transvaal Supreme Court Reports (1902-1909)

Blower v Van Noorden 1909 TS 890.

Witwatersrand High Court Reports (1902

1910) Doucet v Piaggio 1905 TH 267.

Black Appeal Courts reports

During the period of their existence, these courts were named Native Appeal Courts, then Bantu Appeal Courts, Black Appeal Courts, and finally merely Appeal Courts. Examples: Bobotyane v Jack 1944 NAC (C&O) 9. [Native Appeal Court: C&O = Cape and Orange Free State Division; N&T = Natal and Transvaal Division]

Mwanzi v Zulu 1954 NAC 143 (S). [New Series following the new division of the Native Appeal Court into Southern (S); Central (C) and North-Eastern (NE)] Sibiya v Xala 1978 (1) AC 22 (NE).

Other Southern African Jurisdictions

Botswana Law Reports (1964- ) S v Makhale (1964-1967) BLR 237. High Commission Territories Reports (1926-1966) [Decisions of the Court of Appeal (CA); High Courts of Basutoland (B); the Bechuanaland Protectorate; (BP) and Swaziland (S)]

Joubert v Divisional Commissioner (1958) HCTLR 19 (BP) at 22.

High Court of Southern Rhodesia Reports (1899; 1911-1955)

R v Sikateye 1943 SR 17.

Lesotho Appeal Cases (1980- ) Motlalentoa v Monyane and Another LAC (1985-1989) 244.

Lesotho Law Reports (1967- ) Moeti v R 1977 LLR 39. Malawi Law Reports (1970- ) Somani v Ngwira (1982) 10 MLR 196 (SCA). Namibian Law Reports (1990- ) Transnamib Ltd v Poolman and Others 1999 NR

219 (HC).

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Rhodesia and Nyasaland Law Reports [Decisions of the Federal Supreme Court (S); High Court of Southern Rhodesia (SR); High Court of Northern Rhodesia (NR); and High Court of Nyasaland (N)]

Behr v Minister of Health 1960 R&N 715 (SR).

Regina v Jekafu 1960 R&N 210 (N).

Rhodesian Law Reports (1964-1980) Cohen v Cohen 1979 RLR 184 (GD). [GD = General Division; AD = Appellate Division]

Swaziland Law Reports (1963- ) Khumalo v Khumalo (1970-1976) SLR 260. Tanzania Law Reports (1983- ) Tanzania Cotton Marketing Board v Cogecot

Cotton Co SA [1997] TLR 63 (CA) at 67. Zambia Law Reports (1963- ) Mufalo v Nganga (1988-89) ZR 88 (SC). Zimbabwe Law Reports (1980 - ) S v Sibanda 1980 ZLR 413 (GD).

[GD = General Division; AD = Appellate Division]

In addition to the above, important judgments from southern African courts outside of South Africa are sometimes published in South African series of law reports such as The South African Law Reports and Butterworths Constitutional Law Reports. The court is identified as follows: Botswana (or BAC) = Appeal Court, Botswana LesCA = Lesotho Court of Appeal NmH (or Nm) = Namibia High Court NmS (or Nm) = Namibia Supreme Court RAD = Rhodesia Appellate Division SBAC = Swaziland, Basutoland and Bechuanaland Appeal Court SR = High Court of Southern Rhodesia SWA = South West African Division of the Supreme Court of South Africa Z (or ZS, ZSC) = Zimbabwe Supreme Court.

Examples

Government of the Republic of Namibia v Cultura 1994 (1) SA 407 (Nm).

Attorney-General v Dow 1996 (6) BCLR 1 (Botswana) at 7.

Kauesa v Minister of Home Affairs 1994 (3) BCLR 1 (NmH) at 13.

1.2 UNITED KINGDOM AND IRELAND

Standard citation format for British and Irish cases:

Case name Year Vol number if applicable

Reporter

Page case begins

Specific page and paragraph citation

Court if CA, HL or PC

Donaghue v Stevenson

1932 AC 562 564 A HL

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Unlike South African court citations, where the court is routinely cited (eg CC, T, C, etc), an English court should only be cited if the judgment is delivered by the Court of Appeal (CA), the House of Lords (HL) or the Privy Council (PC).

If a case is reported in The Law Reports (the official series), use this citation. If not reported in The Law Reports, use the WLR or All ER citation in preference to any other series.

The Law Reports (the official reports) 4 series:

Appeal Cases (1875- ). Cited as AC

Pepper v Hart [1993] AC 593.

Chancery Division (1891- ). Cited as Ch

Schmidt v Secretary of State for Home Affairs [1969] 2 Ch 149 (CA).

Queen s (or King s) Bench Division (1891- ). Cited as QB or KB

Breen v Amalgamated Engineering Union [1971] 2 QB 175 (CA) at 191A-B. R v Brittain [1972] 1 QB 357.

Family Division (1972- ). Cited as Fam

Qureshi v Qureshi [1972] Fam 173.

All England Reports (1936- ). Cited as All ER

R v Bryce [1992] 4 All ER 567 (CA).

Wakeham v Mackenzie [1968] 2 All ER 783. Court of Session Cases (1906- ) [Scotland]. Cited as SC

Brixey v Lynas 1997 SC (HL) 1 at 4.

Criminal Appeal Reports (Sentencing) (1979- ). Cited as Cr App R (S)

Gareth Edward Fontenau v Director of Public Prosecutions [2001] 1 Cr App R (S) 15 at 53, para 14. [note Cr App R cases are assigned case numbers (in this case, 15)]

Criminal Appeal Reports (1908- ). Cited as Cr App R

R v Leeds Crown Court ex parte Wwardle [2001] 2 Cr App R 20 at 305, para 10. [note Cr App R cases are assigned case numbers (in this case, 20)]

Fleet Street Reports (1975- ). Cited as FSR

Easyjet Airline Co Ltd v Dainty [2002] FSR 6 at 113. [note: FRS cases are assigned case numbers (in this case 6)]

Irish Reports (1892- ). Cited as IR Cox v Ireland [1992] 2 IR 503. Lloyd s List Reports (1950 -). Cited as Lloyd s Rep

Barclay's Bank Ltd v Commissioner of Customs and Excise [1963] 1 Lloyd s Rep 81 at 89.

Northern Ireland Law Reports (1925- ). Cited as NI

Martin v Ministry for Home Affairs [1979] NI 172.

Reports of Patent Cases (1884- ). Cited as RPC

Holtite Ltd v Jost (Great Britain) Ltd [1979] RPC 81 (HL).

Reports of Tax Cases (1875- ). Cited as Tax cas

Marshall (H M Inspector of Taxes) v Kerr (1994) 67 Tax Cas 56 (HL) at 58.

Scots Law Times (1893- ). Cited as SLT Shetland Times v Jonathon Wills [1997] SLT 669. Scottish Civil Law Reports (1987- ). Cited as SCLR

Robertson v Forth Road Bridge Joint Board 1995 SCLR 466.

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Weekly Law Reports (1953- ). Cited as WLR

Law v National Greyhound Racing Club Ltd [1983] 1 WLR 1302.

1.3 UNITED STATES

Standard citation format for American cases:

Case Name Vol Reporter & Series

Page case begins, page cited

Court (unless clear from name of report, e.g. US Supreme Court)

Year

Allen v Entergy Corp

181 F 3d 902, 905 8th Cir 1999

US Supreme Court

United States Reports (1754 - ) (official series) cited as US

United States v Nixon, 418 US 683, 689 (1974).

Lawyers Edition of the Supreme Court Reports (1956 -). (Unofficial series published by the Lawyers Co-op). Cited as L Ed

Bush v Gore, 148 L Ed 2d 388, 390 (2000).

Supreme Court Reporter (1882- ) (unofficial series published by West). Cited as S Ct

United States v Balsys, 118 S Ct 2218, 2222 (1998).

Other Federal Courts

Federal Reporter. 1st series (1880-1924) cited as F. Second Series (1924- ) cited as F 2d

Allen v Entergy Corp, 181 F 3d 902, 905 (8th

Cir 1999).

Federal Supplement (1932- ) (District Court Reports). Cited as F Supp

Fesel v Masonic Home of Delaware, 447 F Supp 1346, 1354 (D Del 1978).

State Courts Trend is to cite the National Reporter System published by West.

Atlantic Reporter. 1st series (1855-1938) cited as A. 2nd series (1938- ) cited as A 2d

Brigham v Vermont, 692 A2d 384, 396 (Vt 1997).

North Eastern Reporter. 1st series (1884-1972) cited as NE. 2nd series (1972- ) cited as NE 2d

People v Wong, 619 NE 2d 377, 382 (NY 1993).

North Western Reporter. 1st series (1879-1941) cited as NW. 2nd series (1941- ) cited as NW 2d

Clairmont v South Dakota, 261 NW 2d 780, 786 (SD 1978).

Pacific Reporter. 1st series (1883-1931) cited as P. 2nd series (1931- ) cited as P 2d

State v Orosco, 833 P 2d 1155, 1158 (NM Ct App 1991).

South Eastern Reporter. 1st series (1887-1939) cited as SE. 2nd series (1939- ) cited as SE 2d

State v Weldon, 293 SE 2d 780, 787 (NC 1982).

South Western Reporter. 1st series (1886-1928) cited as SW. 2nd series (1928- ) cited as SW 2d

French v Ester, 749 SE 2d 461, 462 (Mo App 1988).

Southern Reporter. 1st series (1887- ) cited as So

Allen v First National Bank of Commerce, 440 So 2d 172, 179 (La App 1983).

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California Reporter (1950-) cited as Cal Rptr Guardianship of Sydney Simpson et al, Minors

79 Cal Rptr 2d 389, 392.

New York Supplement. 1st series (1888-1938) cited as NYS. 2nd series (1956- ) cited as NYS 2d

People v Salley, 544 NYS 2d 680, 687 (1989).

American Maritime Cases (1923- ). Cited as AMC

Wilson v Maritime Overseas Corporation 1999 AMC 402.

1.4 GERMANY

Examples of standard citation format for German cases.

Where the case was heard in the BVerfG (Bundesverfassungsgericht

Federal Constitutional Court) cite to the BverfGE (Entscheidungen des Bundesverfassungsgericht) as follows:

Name of law report series

Vol Page case begins

Page cited Optional: a name by which the case has become known

BverfGE 34 269 272 Princess Soraya Examples:

BVerfGE 54, 148 (154). BverfGE 30, 173 (197) (Mephisto).

Where the case was heard in the BGH (Bundesgerichtshof Supreme Court) (previously known as Reichsgericht (RG)) cite to the:

BGHZ (Entscheidungen des Bundesgerichtshof in Zivilsachen) (Civil matters) (1951- )

RGZ (Entscheidungen des Reichsgericht in Zivilsachen) (Civil matters) (1880-1945)

BGHSt (Entscheidungen des Bundesgerichtshof in Strafsachen) (Criminal matters) (1951- )

RGSt (Entscheidungen des Reichsgericht in Strafsachen) (Civil matters) (1880-1945)

As follows:

Name of law report series

Vol Page case begins

Page cited Optional: a name by which the case has become known

BGHZ 26 349 352 Herrenreiter Examples:

BGHZ 35, 363 (369) (Gisengwurzeln). BGHZ 66, 388 (390). RGZ 54, 255 (259).

For cases reported in legal periodicals or other law reports series, cite as follows:

Court Location (if applicable)

Legal periodical or law reports series

Year

Page case begins

Page cited

Optional: a name by which the case has become known

OLG Hamburg RIW 199 941 942

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2

Examples: BGH NJW 1992, 1511 (1512). BFH NJW 1997, 1725 (1727). OLG München NJW 1980, 1581 (1582). OLG München OLGZ 1985, 466 (467).

1.5 THE NETHERLANDS

Basic citation format

Plaintiff/defendant Court City (except when citing HR)

Date Law reports series

Publication number of case

Quint/Te Poel HR 30 januari 1959

NJ 548

Example: Quint/Te Poel, HR 30 januari 1959, NJ 548.

1.6 INTERNATIONAL LAW REPORTS Examples:

International Court of Justice Reports cited as ICJ Rep. Year appears as on the spine of ICJ reports. Provide page on which case begins and page cited if necessary. If an advisory opinion, do not list the names of the parties.

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US) (Merits) [1986] ICJ Rep 14 at 92.

Corfu Channel (UK v Albania) (Merits) [1949] ICJ Rep 4.

Interpretation of Peace Treaties with Bulgaria, Hungary and Romania (Advisory Opinion) [1950] ICJ Rep 65 at 68.

Publications of the Permanent Court of International Justice cited as PCIJ. These were published in six series (A to F). Cite by number of the case, not the page number on which case begins.

Chorzow Factory (Germany v Poland) (Jurisdiction) [1928] PCIJ (ser A), No 17 at 8.

Diversion of Water from the Meuse (Netherlands v Belgium) [1937] PCIJ (ser A/B) No 70 at 7.

United Nations Reports of International Arbitral Awards

Trail Smelter Arbitration (US v Canada) (1938 and 1941) 3 RIAA 1905.

Commonwealth International Law Cases

This is a republication of cases originally reported elsewhere. Cite to the original report.

Court of Justice of the European Communities

Official reports: Reports of Cases before the Court of Justice of the European Communities cited as ECR. Post 1990, page numbers in the ECR begin with a I or II before the number.

Caterpillar Overseas v Belgium [1990] ECR 773 at 776.

The Queen v Secretary of State for Transport ex parte Factorame Ltd [1990] ECR I-2433. Gubisch Maschinenfabrik KG v Giulio Palumbo [1987] ECR 4861.

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Court of Justice of the European Communities and the Court of First Instance reported on the CELEX database.

Federal Republic of Germany v. European Parliament and Council of the European Union, 2000 ECJ CELEX LEXIS 1846 (2000).

Commonmarket Law Reports (1962 -). Cited as CMLR

The Queen v Secretary of State for Transport ex parte Factorame Ltd [1990] CMLR 1 (1990).

European Court of Human Rights

European Court of Human Rights, Reports of Judgments and Decisions cited as Eur Ct HR. For older cases, European Court of Human Rights, Series A or B cited as Eur Ct HR (ser A)

Kampanis v Greece, 318 Eur Ct HR 29 at 35 (1995).

Ireland v United Kingdom, 23 Eur Ct HR (ser B) 1 at 23 (1976).

European Human Rights Reports (1979- ). Cited as EHHR

Dugeon v United Kingdom (1982) 4 EHRR 149 at 152.

International Law reports (1950- ). Cited as ILR

Loomba v Food & Afric Org of the United Nations 47 ILR 382 (Int l Lab Org Admin Trib 1970).

Law Reports of the Commonwealth (1993- ). Cited as LRC

Kauesa v Minister of Home Affairs [1995] LRC 528, Nam SC at 535.

Law Reports of the Commonwealth. Commercial Law Reports (1985-1992). Cited as LRC (Comm)

Veitchi Co Ltd v Junior Books Ltd [1980-84] LRC (Comm) 346, UK HL at 347.

Law Reports of the Commonwealth. Constitutional and Administrative Law Reports (1985-1992). Cited as LRC (Const)

F v West Berkshire Health Authority [1990] LRC (Const) 511, UK HL at 513.

Law Reports of the Commonwealth. Criminal Law Reports (1985-1992). Cited as LRC (Crim)

Berry v R [1992] LRC (Crim) 82, Jam PC at 84.

Butterworths Human Rights Cases (1996- ). Cited as BHRC

Thlimmenos v Greece [2000] 9 BHRC 112 (Ect HR) at 115.

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1.7 OTHER JURISDICTIONS

Administrative Law Decisions (1976- ) [Australia]. Cited as ALD

Repatriation Commission v Webb (1987) 13 ALD 421 at 424.

African Law Reports. Commercial Law Series (1964- ). Cited as ALR Comm

Gomes v Mehr Singh 1964 (1) AR Comm 334 (Kenya) at 351.

Alberta Law Reports [Canada]. First series (1907-32) cited as Alta LR. Second series (1976- ) cited as Alta LR (2d)

Whitney v MacLean [1931] 26 Alta LR 209 (App Div Can).

Alberta Reports (1976- ) [Canada]. Cited as AR

Edmonton Flying Club v Northwood (1979) 17 AR 507 (CA) at 524.

All India Reporter (1914- ). Cited as AIR

Barse v State of Maharashtra AIR 1983 SC 378

All Nigeria Law Reports (1961-1990). Cited as All NLR

Akano v Ajuwon (1966) 1 All NLR 246.

Atlantic Provinces Reports (1975- ) [Canada]. Cited as APR

Cameron v Excelsior Insurance Company (1979) 54 APR 668 at 672.

Australian Corporations and Securities Reports (1989- ). Cited as ACSR

R v Hughes (2000) 34 ACSR 92 at 125.

Australian Criminal Reports (1979- ). Cited as A Crim R

R v Glass (1974) 73 A Crim R 299 at 309.

Australian Law Reports (1973 - ). Cited as ALR

Trobridge v Hardy [1956] ALR 15.

Australian Tax Reports (1970 - ). Cited as ATR

Monarch Airlines Ltd v Airservices Australia (1997) 35 ATR 198 at 235.

British Columbia Law Reports [Canada]. First series (1976-1986) cited as BCLR. Second series (1986- ) cited as BCLR (2d)

R v Edwardson (1993) 77 BCLR (2d) 362 (CA) at 370.

Canadian Rights Reporter (1982- ). Cited as CRR

R v Salituro (1992) 8 CRR (2d) 173.

Commonwealth Law Reports (1903- ) [Australia]. Cited as CLR

DTR Nominees (Pty) Ltd v Mona Homes (Pty) Ltd (1978) 138 CLR 423 at 434.

Dominion Law Reports [Canada]. 1st

series (1912-1955) cited as DLR. 2nd

series (1956-1968) cited as DLR (2d). 3rd series (1969-1984) cited as DLR (3d). 4th series (1984- ) cited as DLR (4th)

Bank of Nova Scotia v Angelica-Whitewear Ltd (1987) 36 DLR (4th) 161 (SCC) at 172.

Bank of Montreal v Faclaris (1984) 13 DLR (4th) 245 (Ont HCJ) at 247.

Family Law Reports (1976- ) [Australia]. Cited as Fam LR

A v A (2000) 26 Fam LR 382 at 397.

Federal Court Reports (1971- ) [Canada] cited as FCR

Mileva v Canada [1991] 3 FCR 398, 401.

Federal Court Reports (1984- ) [Australia]. Cited as FCR

McGee v Sanders (1991) 30 FCR 565 at 575.

Federal Law Reports (1956- ) [Australia]. Cited as FLR

Barbara v Leighton Contractors (1980) 44 FLR 204 at 207.

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Intellectual Property Reports (1984 - ) [Australia]. Cited as IPR

Surf Life Saving Australia Ltd V Southern Retail Trading Co Pty Ltd (2000) 52 IPR 608 at 612.

Malawi Law Reports (1970- ). Cited as MLR

Somani v Ngwira (1982) 10 MLR 196 (SCA).

Manitoba Reports [Canada]. First series (1883-1961) cited as Man R. Second series (1979- ) cited as Man R (2d)

Steer Holdings Ltd v Manitoba (1992) 83 Man R (2d) 171 at 174.

New Brunswick Reports [Canada]. First series (1825-1929) cited as NBR. Second series (1968- ) cited as NBR (2d)

Baniuk v Carpenter, 112 NBR (2d) 332 (1990).

New South Wales Law Reports (1960- ) [Australia]. Cited as NSWLR

Winthrop Investments Ltd v Winns Ltd [1975] 2 NSWLR 666, CA (NSW) at 680.

New Zealand Law Reports (1883 - ). Cited as NZLR

Finnigan v New Zealand Rugby Football Union Inc [1985] 2 NZLR 159.

Newfoundland and Prince Edward Island Reports (1970- ) [Canada]. Cited as Nfld & PEIR

Ford Credit Canada Ltd v Crosbie Reality Ltd, 90 Nfld & PEIR 191 (1991).

Nigerian Commercial Law Reports (1964- ). Cited as NCLR

John Holt v Mohammed Kudu 1972 NCLR 442 (HC Kano) at 447.

Northwest Territories Reports (1983- ) [Canada]. Cited as NWTR

Socanav Inc v Northwest Territories (Commissioner) [1993] NWTR 369 (NWTSC) at 375.

Nova Scotia Reports [Canada]. First series (1834-1929; 1965-1969) cited as NSR. Second series (1969- ) cited as NSR (2d)

Roberts v Roberts [1991] 104 NSR (2d) 27.

Ontario Reports [Canada]. First series (1882-1900; 1931-1873) cited as OR. Second series (1973- ) cited as OR (2d)

Paramount Pictures Corp v Howley [1991] 5 OR (3d) 573 at 575.

Ontario Appeal Cases (1983- ) [Canada]. Cited as OAC

King Seagrave Limited v Canada Permanent Trust (1986) 13 OAC 305 (Ont CA) at 305.

Queensland Reports (1958- ) [Australia]. Cited as QR

Sprenger v Sanderson [1922] 1 QR 580 at 581.

Recueils de jurisprudence du Québec (1986- ) [Canada]. Cited as RJQ

Societe Radio-Canada v Radio Sept-Iles Inc. [1994] RJQ 1811 (CA) at 1818.

Saskatchewan Reports (1979- ) [Canada]. Cited as Sask R

Mitchell v Intercontinental Packers Ltd (1996) 146 Sask R 18 (QB) at 22.

South Australia State Reports (1922- ). Cited as SA St R

Tanner v South Australia (1988) 53 SA St R 307.

Supreme Court Reports (1876- ) [Canada, official reports]. Cited as SCR

Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] 1 SCR 982 at 987.

Supreme Court Reports (1950- ) [India]. Cited as SCR

Forward Construction Co v Prabhat Mandal (1986) 1 SCC 100 at 103.

Tanzania Law Reports (1983- ). Cited as TLR

Tanzania Cotton Marketing Board v Cogecot Cotton Co SA [1997] TLR 63 (CA) at 67.

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Tasmanian Reports (1979- ) [Australia]. Cited as TR

Regina v Farrell (1988) TR 152.

Victorian Reports (1957- ) [Australia]. Cited as VR

Saunders v Nash [1991] 2 VR 63.

Western Australian Reports (1960- ). Cited as WAR

Ex parte Helena Valley/Boya Association Inc. (1989) 2 WAR 422.

Western Weekly Reports (1911- ) [Canada]. Cited as WWR

Livaditis v Calgary [1992] 1 WWR 53 (Alta CA, 1991).

1.8 UNREPORTED CASES

S v Snyders (C) Case No1756/02 25 September 2002, unreported.

In addition, you may supply a reference for the electronic version of the case, as found using Butterworths Judgments Online, Jutastat Daily Law Reports, or from the official court web pages of the Constitutional Court or the Supreme Court of Appeal.

S v Snyders (C) Case No 1756/02 25 September 2002, unreported; [2002] JOL 10288 (C).

Geuking v President of the Republic of South Africa and others (CC) Case No CCT35/02 12 December 2002, unreported. Available from the Constitutional Court web page at http://www.concourt.gov.za/files/geuking/geuking.pdf

(accessed 24 November 2004).

Unreported English judgments should be cited using the neutral citation number (provided by the English high courts since 2001):

Burman v Mount Cook Land Ltd [2001] EWCA Civ 1712 at [30].

2. LEGISLATION 2.1 CONSTITUTION

The South African Constitution should be cited as: Constitution of South Africa, 1996.

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2.2 SOUTH AFRICAN STATUTES

The first time you refer to a statute, use the full form:

Name of Act Act number Year Particular section referred to

Income Tax Act 58 of 1962 s 9A.

Examples Income Tax Act 58 of 1962.

Sections are cited thus: Income Tax Act 58 of 1962 s 9. Income Tax Act 58 of 1962 ss 9 and 10.

Subsections: Income Tax Act 58 of 1962 subsec 9(1)(d)(bis).

Chapters: Restitution of Land Rights Act 22 of 1994, Chapter III, ss 22-38.

Parts: Labour Relations Act 66 of 1995, Chapter VII, Part D, s 151.

Schedule: Short-term Insurance Act 53 of 1998, sch 2.

BUT where the word section, subsection, chapter, part or schedule is the first word in a sentence, it should be given in full:

Section 9 A provided for

2.3 SOUTH AFRICAN SUBORDINATE LEGISLATION

Provide the government assigned regulation or proclamation number, the number and publication date of the Government Gazette in which it appeared.

The abbreviations GNR, GN and GG are permissible before a number, except if at the beginning of a sentence or footnote.

Examples: Code of Good Practice: Key Aspects on the Employment of People with Disabilities GNR 1345 GG 25789 of 19 August 2002.

Department of Transport Notice 1957 GG 18541 of 12 December 1997.

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2.4 ZIMBABWE AND BOTSWANA

Cite the statute as published in most recent consolidation, ie provide the relevant chapter number:

Family Maintenance Act (Chap 39) (Z).

If an act was passed after the consolidation, cite it in the ordinary way: High Court Amendment Act 34 of 1996 (B).

2.5 UNITED KINGDOM

Modern statutes should be cited in the same way as South African statutes, except that act numbers are not used. Thus:

Companies Act 1985 ss 3 and 4. Bail Act 1976, sch 1, part III, para 1.

2.6 AUSTRALIA AND NEW ZEALAND

Title of Statute Year Jurisdiction (if a passed by a state legislature)

Section cited

Transfer of Land Act 1958 (Vic) s 2.

Examples: Transfer of Land Act 1958 (Vic) s 2. Family Act of 1975 s 68F.

2.7 CANADA

Title of Act Revised Statues

Jurisdiction

Year Chapter Number

Section cited

Indian Act RS C 1985 c I-5 s 5

Cite the Revised States (RS) volume numbers

Jurisdictions: C for Canadian Statues, Lower Canada LC, Upper Canada UC

Each Province has its own abbreviation: Alberta A; British Columbia BC, Manitoba M, New Brunswick NB, Newfoundland N, North West Territories NWT, Nova Scotia NS, Ontario O, Prince Edward Island PEI, Quebec Q, Saskatchewan, S Yukon Territory Y.

Examples: Trade Marks Act, RSC 1985, c T-13. Livestock Brands Act, RSNS, 1989, c 261.

16

2.8 UNITED STATES

Public laws (uncodified Session laws ):

Session laws are those laws passed by a particular legislature (e.g. the US Congress, or a state legislature) during a particular legislative session. They are numbered chronologically as they are passed and are published at the end of the session in volumes for that session. The Federal session laws of the US Congress are published in the official series United States Statutes at Large (abbreviated as Stat).

Cite as follows:

Title of Act Public Law or Chapter number

Section of Act cited

Volume of session laws

Name of sessions laws

Pinpoint reference within session laws

Year of the volume of session laws

National Environmental Policy Act of 1969

Public L no 91-190

s 102 83 Stat 852, 853-4 (1970)

[The National Environmental Policy Act was the 190th public law passed by the 91st

Congress. It was published in volume 83 of the United States Statutes at Large beginning on page 852. Section 102 appears on pages 853 to 854].

Examples:

National Environmental Policy Act of 1969 s 102 Pub L No 91-190, 83 Stat 852, 853-4 (1970).

Digital Millennium Copyright Act of 1998 Pub.L.No.105-304, 112 Stat.2860 (1998).

Codified statutes: citing the United States Code (USC):

Once a statute has been codified, provide a citation to the code as follows:

Title of Act Year Section cited

Volume ( title ) of the code in which the section appears

Name of the Code

Section of Code

Year in which the Code was published (NOTE: not the year of the Act)

Occupational Health and Safety Act

of 1970

s 2 29 USC s 651 (1988)

17

Examples:

Administrative Procedure Act s 6, 5 USC § 555 (1994)

Consumer Credit Code OKLA STAT tit 14 A s 6 (1990)

Where an act has been codified in various sections of the USC, provide the codified citation of the act as follows:

Civil Rights Act of 1991 42 USC § 2000e-2 Thereafter, cite a particular section of the codified act as follows:

42 USC § 2000e-2(k)(1)(A)(i).

2.9 GERMANY

Section or article of Code cited

Paragraph or

number Name of code in German with English translation in brackets

§ 191 Nr 5 Zivilprozeßordnung (Civil Procedure Statute)

Example: § 242 Strafgesetzbuch (Penal Code)

Some of the German codes: Bürgerliches Gesetzbuch (Civil Code) Grundgesetz (Basic Law) Handelsgesetzbuch (Commercial Code) Strafgesetzbuch (Penal Code) Strafprozeßordnung (Criminal Procedure Statute) Verwaltungsverfahrensgesetz (Administrative Law Code) Verwaltungsgerichtsordnung (Code of Administrative Procedure) Zivilprozeßordnung (Civil Procedure Statute)

3. TREATIES

Where the treaty has been published in International Legal Materials the ILM citation may be used in preference to other treaty collections.

Where a treaty has not been published in ILM, try to provide a reference to an official collection of treaties, preferably the United Nations Treaty Series (UNTS) citation.

Examples:

International Covenant on Civil and Political Rights, 6 ILM 368 ( ICCPR ).

International Convention for the Elimination of All Forms of Racial Discrimination, 660 UNTS 195.

Convention on the Prevention and Punishment of the Crime of Genocide 78 UNTS ( Genocide Convention ).

Treaty Relating to Boundary Waters and Questions Arising with Canada, 11 January 1909, United States-United Kingdom, 36 Stat 2448, UKTS 1910 No 23.

18

4. SECONDRY SOURCES 4.1 BOOKS

Whenever a particular book is cited for the first time, you must provide:

the name of the author(s) or editor(s) [First name(s) or initial(s) precede the surname. Do not use full stops].

the name of the book (in italics) [Use capital letters for the first word of the title and proper nouns only]

the edition (if applicable)

the date of publication

if you cite a particular page, provide the page reference

Examples:

William Twining and David Miers How to do things with rules: a primer of interpretation 4ed (1999) 125.

Stanley Fish Is there a text in this class? (1980) 302.

Multi-volume works: Ellison Kahn Contract and mercantile law: a source book vol 1, 2ed (1988) 704-5.

LAWSA: MS Blackman Companies LAWSA vol 4, Part 1 First Reissue (1997) para 249.

Halsbury s Laws of England Halsbury s Laws of England 4ed Reissue Volume 1(1) (1989) para 81.

Loose-leaf services: Etienne du Toit et al Commentary on the Criminal Procedure Act (1987) (revision service 26, 2001) 24-70A.

Where a work has been edited by a person other than the original author (in cases where the new editor has revised the text of work so substantially that he or she is treated as an author, or where the new editor has brought together a number of contributions, each of which differs substantially from the original text):

D Hutchison (ed) Wille s Principles of South African law 8ed (1991) 679. L Collins (ed) Dicey and Morris on the conflict of laws vol 1, 13ed (2000) 12-075-12-083.

But note: where an edited work is essentially a collection of unaltered pieces written by a particular author, then the original author is credited, and the editor (who is merely the compiler) is cited thus:

Michel Foucault The Foucault reader (ed by Paul Rainbow) (1986).

Translations: Jürgen Habermas (trans by William Rehg) Between facts and norms: contributions to a discourse theory of law and democracy (1996).

19

4.2 THESES AND DISSERTATIONS

CE Scollo-Lavizzari Restitution of land rights in an administrative law environment -- the German and South African procedures compared (1996) LLM Dissertation, University of Cape Town at 22.

4.3 ESSAYS IN EDITED BOOKS

Where you refer to an essay in an edited book, you must provide:

the name of the author(s) of the essay [First name(s) or initial(s) precede the surname. Do not use full stops].

the title of the essay in single quotation marks [Use capital letters for the first word of the title and proper nouns only].

follow this by the word in and then give the full citation of the book as set out in point 4.1 ie:

the editor(s) of the book in which the essay appears the name of the book in which the essay appears (in italics) the edition (if applicable) the date of publication

the page of the book on which the essay begins

the particular page you are citing (preceded by the word at )

For example: Anthony Seeger Ethnomusicology and music law in Bruce Ziff and Pratima V Rao (eds) Borrowed power: essays on cultural appropriation (1997) 52 at 64.

4.4 JOURNAL ARTICLES

Standard citation format:

Author Title of article Date Vol Name of journal

Page on which the article begins

Page you are citing

Mario Gomez

The modern benchmarks of Sri Lankan public law

(2001) 118 SALJ 581 598

the title of the article appears in single quotation marks [Use capital letters for the first word of the title and proper nouns only].

the name of the journal appears in italics.

if the journal does not have a volume number, the date does not appear in brackets.

put the date in brackets if the journal has a volume number.

well-known South African journals may be cited using abbreviations: SALJ, THRHR, TSAR, SAJHR, CILSA, Stell LR

20

other abbreviations permitted when citing journal articles:

L for Law LR for Law Review J for Journal Q for Quarterly Univ for University

Examples:

WE Harvey & D Husak The meaning of identity documents in case law (1965) 82 SALJ 224 at 227.

Alfred Cockrell Second-guessing the exercise of contractual power on rationality grounds 1997 Acta Juridica 26 at 42.

William P Alford Exporting The pursuit of happiness (2000) 113 Harvard LR 1677 at 1697.

PP Craig Legitimate expectations: a conceptual analysis (1999) 108 LQR 79 at 89.

Rabinder Singh Making legitimate use of legitimate expectation 1994 New LJ 1215 at 1222.

Electronic journals (with no print equivalent): Lynn Foster Obstacles to citation reform 2000 (3) The Journal of Information Law and Technology. Available at http://elj.warwick.ac.uk/jilt/00-3/foster.html

(accessed 2 December 2002)

4.5 UNPUBLISHED PAPERS AND CONFERENCE PAPERS Juanita Pienaar Nuwe ontwikkelinge op die gebied van grondhervorming Inaugural address University of Stellenbosch (1997) 9.

David Steinberg The case for a united family court Unpublished paper (1989) 36.

Y Mokgoro Ubuntu and the law in South Africa Paper presented at the first colloquium on Constitution and the Law (Potchefstroom, 31 October 1997) at 4.

Frederick M. Abbott. The TRIPS Agreement: access to medicines and the WTO Doha Ministerial Conference (October 2001). Florida Sate University College of Law, Public Law Working Paper No. 36. Available at http://ssrn.com/abstsract=285934 (accessed 8 November 2005)

21

5 OTHER SOURCES

5.1 COMMISSIONS OF INQUIRY

Commission of Enquiry into the Rationalisation of the Provincial and Local Divisions of the Supreme Court (Hoexter Commission) Third and final report (RP 200/1997).

5.2 SOUTH AFRICAN LAW REFORM COMMISSION DOCUMENTS

South African Law Reform Commission The harmonisation of the common law and the indigenous law: conflicts of law (Project 90) Discussion Paper 76 (1998) 35.

5.3 HANSARD

Hansard House of Assembly Debates col 515 (25 March 1947).

5.4 WHITE PAPERS

White Paper for Social Welfare (GG 18166 of 8 August 1997) chap 8.69(d).

5.5 NEWSPAPER ARTICLES

L Cook Aid on cards for land claims Business Day 2 July 2001 at 6.

5.6 INTERNET SITES

Maritime transport statistics

1999 published by the Organisation of Economic Co-operation and Development (OECD) available at www.oecd.org (accessed 12 December 2001).

Pamela Samuelson Tightening the copyright noose: why you should be worried about the White Paper on Intellectual Property Rights available at http://www.eff.org.pub/Intellectual_property/tightening-copyright-noose.article

(accessed 2 January 2002).

Electronic newspapers (with no print equivalent): Daily Mail and Guardian 20 May 1999. Available at http://www.mg.co.za/mg/news.html (accessed 21 May 1999).

Electronic journals (with no print equivalent): Lynn Foster Obstacles to citation reform 2000 (3) The Journal of Information Law and Technology. Available at http://elj.warwick.ac.uk/jilt/00-3/foster.html

(accessed 2 December 2002).

For unreported cases accessed on the Internet, see point 1.8 above.

22

5.7 INFORMAL COMMUNICATIONS

Confirmed telephonically with Legal Aid Board officials on 7 October 1999 and 4 November 1999.

Information obtained from the Department of Justice, 7 November 2000.

5.8 THE OLD AUTHORITIES

Citation is in the normal manner except that standard well-known works may be shortened thus:

Grotius Inleiding 6.1.3 Voet Commentary on the Pandects 2.19.4

Brand van Zyl Law Library October 2006

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