Introduction to Law (1011/1016): SALJ-style referencing task
This task is designed to allow you to practice working with SALJ-style footnotes, before you
do it for real in your assignment. Please be sure to complete it before you attend your
workshop on Friday the 5th of August, and submit it on Ulwazi before 11am on Friday the 5 th,
as proof that you completed it. When you attend the workshop, please take a copy of the
task and your answers with you (in hard copy or electronically) so you can check that you are
on the right track. As you work through the task, make a note of any questions that arise, or
problems that you encounter, so that you can raise these with your writing mentor before
your draft assignment is submitted.
Note: use the Word version of the task, and write your answers into it, to create your answer
sheet that you will submit and take to the workshop.
Part One: Inserting footnotes
Read the paragraph below and insert footnote numbers where you think they should go.
(Hint: there are five footnotes). Be sure to use the footnote feature in Word; don’t try and
do it manually. (NB: For part one, you are just inserting the footnote numbers, not writing
the citations yet.)
Klare describes transformative constitutionalism as being a constitutional commitment to
‘transforming a country’s political and social institutions, and power relationships, in a
democratic, participatory and egalitarian direction’1. Seminal constitutional court rulings,
like Makwanyane2 and Fourie3, are examples of transformative constitutionalism at its best.
However, Davis and Klare express the concern that traditional South African legal culture
has the potential to constrain the transformative project4. Whilst all legal professionals
should remain mindful of the need to resist this potential constraint, Langa, in Humby et al,
emphasises that transformative constitutionalism is the work of all three branches of
government, and not just the judiciary5.
1
Klare, Karl E ‘Legal culture and transformative constitutionalism’ (1998) 1 SAJHR 146-188 at 146.
2
S v Makwanyane and another 1995 (6) BCLR 665 (CC).
3
Minister of home affairs and v fourie and another 2006 (1) SA 524 (CC).
4
Davis, Dennis M and Karl Klare ‘E ‘Transformative constitutionalism and the common and customary law’
(2010) 3 SAJHR 403-509 at 405.
5
Humby, Tracy, Louis Kotze ‘Jurisprudence’ in a Du Plessis (ed) Introduction to law and legal skills in South
Africa vol 1 at 38.
This task is designed to allow you to practice working with SALJ-style footnotes, before you
do it for real in your assignment. Please be sure to complete it before you attend your
workshop on Friday the 5th of August, and submit it on Ulwazi before 11am on Friday the 5 th,
as proof that you completed it. When you attend the workshop, please take a copy of the
task and your answers with you (in hard copy or electronically) so you can check that you are
on the right track. As you work through the task, make a note of any questions that arise, or
problems that you encounter, so that you can raise these with your writing mentor before
your draft assignment is submitted.
Note: use the Word version of the task, and write your answers into it, to create your answer
sheet that you will submit and take to the workshop.
Part One: Inserting footnotes
Read the paragraph below and insert footnote numbers where you think they should go.
(Hint: there are five footnotes). Be sure to use the footnote feature in Word; don’t try and
do it manually. (NB: For part one, you are just inserting the footnote numbers, not writing
the citations yet.)
Klare describes transformative constitutionalism as being a constitutional commitment to
‘transforming a country’s political and social institutions, and power relationships, in a
democratic, participatory and egalitarian direction’1. Seminal constitutional court rulings,
like Makwanyane2 and Fourie3, are examples of transformative constitutionalism at its best.
However, Davis and Klare express the concern that traditional South African legal culture
has the potential to constrain the transformative project4. Whilst all legal professionals
should remain mindful of the need to resist this potential constraint, Langa, in Humby et al,
emphasises that transformative constitutionalism is the work of all three branches of
government, and not just the judiciary5.
1
Klare, Karl E ‘Legal culture and transformative constitutionalism’ (1998) 1 SAJHR 146-188 at 146.
2
S v Makwanyane and another 1995 (6) BCLR 665 (CC).
3
Minister of home affairs and v fourie and another 2006 (1) SA 524 (CC).
4
Davis, Dennis M and Karl Klare ‘E ‘Transformative constitutionalism and the common and customary law’
(2010) 3 SAJHR 403-509 at 405.
5
Humby, Tracy, Louis Kotze ‘Jurisprudence’ in a Du Plessis (ed) Introduction to law and legal skills in South
Africa vol 1 at 38.
