INTRODUCTION TO LAW (GE):

TUTORIAL ON REFERENCING

QUESTION 1

When referencing the constitution for the first time: Constitution of the Republic of
South Africa, 1996

1.1. Write out the citations as it would appear in your footnotes using the SALJ House
Style of referencing.

1.1.1. Section 9 of the Final Constitution of the Republic of South Africa 108 of
1996.
Constitution of the Republic of South Africa, 1996, section 9.
1.1.2. Section 59 of the Long Term Insurance Act number 52 of the year 1998.
Long Term Insurance Act 52 of 1998 s59.
1.1.3. Section 3 subsection 1 of the Recognition of Marriages Act no. 120 of 1998.
The Recognition of Marriages Act 120 of 1998 s3(1).
1.1.4. Reference to page 755 of Pereira v Marine & Trade Insurance Co Ltd published
in 1975 in volume 4 of the South African law reports. It is an Appellate
Division decision. The case starts on page 745.
Pereira v Marine & Trade Insurance Co Ltd 1975 (4) SA 745 (A) at 755.
1.1.5. Santam v Ltd Ethwar (SCA) [1999] 252 1 All SA.
Santam v Ltd Ethwar (SCA) [1999] 252 1 All SA.
1.1.6. A book written by Ian Currie and Johan de Waal. The book is called The Bill of
Rights Handbook. The idea comes from pages 231 of the book. It was
published in 2005 by Juta. It is a 5th edition.
Ian Currie & Johan de Waal, The Bill of Rights Handbook 5th ed (2005) 231.
1.1.7. A book called the General Principles of Insurance Law. It is a first edition and it
was published by LexisNexis in 2002. The book was written by P Havenga
and three others.
P Havenga et al, the General Principles of Insurance Law (2002).
1.1.8. Chapter 2 in a book called African Guide to International Criminal Justice. The
book was edited by M du Plessis. The chapter is entitled International Criminal
Law in an African Context. The chapter was written by H Jallow and F
 Bensouda. The book was published in the year 2008. Chapter 2 starts on page
15 and the quote used can be found on page 16.
H Jallow & F Bensouda “ International Criminal Law in an African Context’ in M du
Plessis (ed) African Guide to International Criminal Justice (2006) 16
1.1.9. ‘Of Insurance Misrepresentation, Materiality, Inducement and No-Claim
Bonuses’ by Van Niekerk. This article was published in the South African
Mercantile Law Journal in 2008 appearing on page 117.
Van Niekerk ‘Of Insurance Misrepresentation, Materiality, Inducement and No-Claim
Bonuses’ 2008 South African Mercantile Law Journal at 117.
1.1.10. Catherine Albertyn wrote ‘Substantive equality and transformation in South
Africa’ and it was published in the South African Journal of Human Rights in
2007. The idea used comes from page 265. The article starts on page 253. This
journal article can be accessed from the Sabinet electronic database.
Catherine Albertyn ‘Substantive equality and transformation in South Africa’ 2007
South African Journal of Human Rights 253 at 265
1.1.11. Victor Hugo wrote “Reviewing the JSC” in the Star newspaper published on 3
July 2010.
Victor Hugo “Reviewing The JSC” Star Newspaper 3 July 2010
1.1.12. Faranaaz Parker wrote an article on the Mail & Guardian website entitled ‘Left
in the lurch: New hope for women in polygynous limbo’. It was published on
the 6th of June 2012. It was last accessed from http://mg.co.za/print/2012-06-
05cutomary-marriage-judgement on 11 September 2012.
Faranaaz Parker ‘Left in the lurch: New hope for women in polygynous limbo’ Mail &
Guardian 6 June 2012, available at http://mg.co.za/print/2012-06-05cutomary-
marriage-judgement, accessed on 11 September 2012.

1.2. What is the difference between the source in questions 1.1.10 and 1.1.12?
Would they both be cited as internet sources?
Not both cited with internet reference
1.10 is a journal article which is found

QUESTION 2
In 1988 Hugh Corder remarked that an important task of legal scholarship must surely be to
provide conceptual frameworks not only to understand the law but to also promote a
democratic society. In fact Diamond says we should go further and not confine such
knowledge and skills to the legal profession particularly if we are sincere about promoting a
democratic political culture in South Africa. Axam agrees and says that such knowledge
should be available for all members of a society where citizens are encouraged to participate
in their democracy in a way that goes beyond merely voting.

Schools also play an important role in the process of democratisation as set out in the White
Paper on Education and Training, where it says that ‘the education system must counter the
legacy of violence by promoting the values underlying democratic processes and the charter
of fundamental rights…the importance of due process of law and exercise of civic
responsibility, and by teaching values and skills for conflict management and conflict
resolution. The importance of mediation and the benefits of toleration and co-operation.’

The above piece of writing has not been referenced. Below you will find a list of
publications (appropriate referencing criteria have not been used here):

• The author is Tony Axam and he wrote an article called A Model for Learning and
Teaching - Rights and Responsibilities in the Legal Order. This article was published
in the South African Journal of Human Rights in 2001 on page 404 and the comment
can be found on page 409.

• H Giliomee and others edited this book called The Bold Experiment: South Africa’s
New Democracy. It was published in 1994. The argument can be found in chapter 5
on page 48. Larry Diamond is the author of the chapter and the title of the chapter is
Civil Society and Democratic Consolidation: Building a Culture of Democracy in a
New South Africa.

• The White Paper on Education and Training was published in Pretoria by the
Department of Education in 1995 under notice 196. Schools also play an important
role in the process of democratisation as set out in the White Paper on Education
and Training,

• There is also a quote from the White Paper on Education and Training and that can be
found on page 22 of the document above. the education system must counter the
 legacy of violence by promoting the values underlying democratic processes and
the charter of fundamental rights…the importance of due process of law and
exercise of civic responsibility, and by teaching values and skills for conflict
management and conflict resolution. The importance of mediation and the
benefits of toleration and co-operation.’

• Hugh Corder is the editor of this book. He wrote chapter 1 at page 23 and the title of
the chapter is Law and Social Practice: An introduction. The book is called Essays on
Law and Social Practice in South Africa. It was published in 1988. In 1988 Hugh
Corder remarked that an important task of legal scholarship must surely be to
provide conceptual frameworks not only to understand the law but to also
promote a democratic society.

You need to match the correct reference to the comments made in the text. Footnotes
must be used to do this and you must apply the referencing format SALJ House Style.