Since the journal will be published by Lexis-Nexis Butterworths Publishers, we have resolved to adopt, with only minor variations, the referencing style of articles in the THRHR for the book. Lexis-Nexis publish the THRHR. By doing this, we will hopefully ensure that there is consistency for both the contributors as well as the academic and publishing editors of the book, as well as a degree of familiarity with the style for both parties.

A few basic guidelines are included below, and if there are any problems, please feel free either to contact me or to consult a recent edition of the THRHR. Differences to the THRHR style are marked in bold. Don’t feel too worried about the stylistic aspects, as both I and the publishing editors will be checking the technicalities.

The Manuscript: Basic Format

Articles should be compiled and submitted in electronic format in MS Word.

Articles should not exceed the average length of a journal article: ie 7 – 10000 words.

Articles should be produced in Times New Roman font, in 1.5 spacing, in 12 pt font

Footnoting  must  be  used  for  references, as  is  the  case  with  articles generally. Footnotes should be in Times New Roman 10 pt font, single spaced.

Please  give  the  full  name  under  which  you  would  like  your  article published (eg Peter J Croft, or PJ Croft, or Peter Croft); your academic qualifications and the institutions from whence you acquired such qualifications (eg  BA  LLB  (Wits)), and the  position you  hold  either in academia or the profession (eg Professor in the Department of Private Law, University of Mpumalanga).

NO abstract is necessary.

Sections and Headings should follow the following format:

1        INTRODUCTION: SOUTH AFRICAN LAW

1 1     Private Law

1 1 1  The Law of Unjustified Enrichment

1 2     Public Law

1 2 1  Administrative Law

Basic Issues of Style and Punctuation

Paragraphing

Please leave a space between paragraphs, but DO NOT put a tab at the start of the next paragraph – the publishers will do this.

Quotations

Double quotation marks should be used.

-         Single quotation marks should only be used inside a quotation.

-         Quotations should correspond exactly with the original.

-         Any changes or insertions should be indicated using square brackets [ ].

-              Quotations that are three lines or longer in length should be separated from the text by being indented. A space should appear ONLY AFTER THE QUOTATION. The indented text should appear in 10 pt font.

-         Footnote numbers should come at the end of the quotation.

“Foreign” Words and Expressions

Words and expressions in Latin, or in a foreign or African language should be italicised: culpa, bona fides, Grundnorm, ikhazi.

Capitalisation

Unlike the THRHR we will retain capitalisation for headings, proper nouns and titles of  books, journals: The Law of  Contract in South Africa,  Die  Onregmatige  Daad  in  die  Suid-Afrikaanse  Reg,  Judge President, Chief Justice.

Abbreviations

Standard abbreviations will be used. Some examples of commonly used abbreviations are: section (s); sections (ss); subsection (subsec); paragraph (para); paragraphs (paras); second edition (2ed); Judge (J); Acting Judge (AJ); Chief Justice (CJ); chapter (ch); compare (cf); following (ff).

Page numbers

Where consecutive pages are referred to in references to cases, Acts, textbooks and journals, the page numbers should be referenced FULLY:  165-169, NOT 165-9 or 165-69.

References

Acts of Parliament

The title and number of the Act are not to be italicised.

The first time an Act is referred to, the title should be given in full in the text,  and  a  reference  to  the  number  and  year  should  appear  in  the footnote.

Subsequently, the title or abbreviated title of the Act may be used, but there is no need to refer to the number and year again. References can be confined to the relevant section (s) or sub-section (subsec) under discussion.

Cases

The first time a case is referred to, its full title and citation should be given.

Case titles should be italicised: James v John

The words “and another” or “and others” are to be omitted.

Case citations should follow the ordinary format followed in the THRHR:

1967 2 SA 456 (N) or 1996 3 All SA 345 (T) or 1999 11 BCLR 777 (D). There should be NO brackets around the volume number, where such exists.

Specific page references should not be preceded by an “at”. So: 1978 3 SA 234 (A) 237D-G.

If paragraphs are referred to, simply say “para 34”: 1999 2 SA 199 (CC) para 34.

After  the  first  mention  of  a  case,  an  abbreviated  title  may  be  used:

Soobramoney’s case or Soobramoney.

Where a case is referred to for a second or subsequent time, the style adopted in the THRHR is occasionally inconsistent. Two options can be followed. Either give the full case citation each time you refer to the case, or simply give the title or abbreviated title, then the page reference: James v John 56G. The second option will most likely be preferable for authors, and you would be encouraged to adopt this.

Textbooks

The first time a textbook is referred to, a full reference should be given. A full reference will look as follows: Brownsword Contract: Themes for the Twenty-First Century (2000) 34.

It is unnecessary to supply the first name or initials of the author, unless it is necessary to prevent confusion.

Book Titles should be italicised.

An edition can be referred to, where necessary. Kerr The Principles of the Law of Contract 6 ed (2002) 123.

The date of publication should appear in round brackets

When the book is referred to for a subsequent time, you can either use the author’s surname name and the page where you found your authority (Kerr 646) or use the author’s surname, an abbreviated title, and the page where you found your authority (Kerr Contract 646).

Journal Articles

The first time a journal article is referred to, a full reference should be given: Neethling “Defamation in South Africa” 1995 THRHR 378. Please note that the year is NOT placed in brackets, and the volume number is OMITTED. No first names or initials should be given, as is the case with textbook authors, unless it is necessary to prevent confusion.

Titles  of  journals  should  be  italicised,  and  standard  abbreviations  for journal titles should be used.

If  you  wish  to  refer  to  a  specific  page,  do  so  immediately  after  the commencement page, without using “at”: 1978 CILSA 347 350.

When the article is referred to for a second or subsequent time, use an abbreviated reference: Neethling 1995 THRHR 390. Only the page from whence the information was acquired should be reflected.

Ibid may be used if the reference is exactly the same as the preceding one.

Please note that as far as possible we will be avoiding the use of cross- references back to the first reference of the book/journal/case, and referencing techniques like op cit, loc cit and supra to streamline the referencing system and to try to prevent cross-referencing errors.

Theses

Please give the author’s surname, the title of the thesis, and then in brackets, the type of thesis, the institution, and the date. Thereafter give the page from whence the information came. So Jansen The Undisclosed Principal (LLD-thesis, RAU, 1997) 34.

Internet references

We will follow the THTHR style as follows: Garrett “Consumer Protection”

http://law.computers.edu/garrett.html (accessed 24-02-2004).

Old Authorities

 Please consult 1985 THRHR 125, if you need to use old authorities. The referencing style is pretty standard for these in any event.