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The Law |
| In certain contexts, the law in South Africa compels drafters of certain documents to write in ‘plain’ language. For instance:
Section 22 of the Consumer Protection Act 68 of 2008 directs that a notice, document or visual representation that is provided for a consumer must be in ‘plain language’. In other words, the writing must be such that ‘the consumer for whom it is intended will understand the document without undue effort’. |
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A global requirement |
| The right applies to many countries across the globe. For instance:
Some laws in the USA give ‘plain language’ an even more specific meaning. The Law of New York § 5–702 describes plain language as writing that is ‘clear and coherent’ and that uses ‘words with common everyday meanings; appropriately divided and captioned by its various sections’. |
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The courts |
| Furthermore, in South Africa the courts compel legal practitioners to write clearly and concisely.
Rule of Court 18(4) requires that every pleading ‘shall contain a clear and concise statement of the material facts upon which the pleader relies’.
The ability to litigate effectively is crucial for successful legal practice. |
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Effective communication |
| The ability to write clearly and concisely is essential for effective communication.
In the words of Paul Rylance in his Legal Practice Handbook, ‘law in action involves people. Even the mightiest corporate client acts through people. You aim to influence their thinking and conduct by your writing … your aim is to communicate.’ |
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