Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Post Office on the brink of collapse

      Post Office on the brink of collapse

      13 March 2026
      New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

      New policy direction targets South Africa’s municipal broadband logjam

      13 March 2026
      How electronic warfare is threatening ships and their crews

      How electronic warfare is threatening ships and their crews

      13 March 2026
      Rand slumps for second week

      Rand slumps for second week

      13 March 2026
      Parliament opens nominations for Icasa council seats

      Parliament opens nominations for Icasa council seats

      13 March 2026
    • World
      Musk launches Macrohard in cheeky nod to Microsoft - Elon Musk

      Musk launches Macrohard in cheeky nod to Microsoft

      12 March 2026
      Europe is building an alternative to Microsoft Office

      Europe is building an alternative to Microsoft Office

      11 March 2026
      Microsoft bets on Anthropic as it loosens ties with OpenAI

      Microsoft bets on Anthropic as it loosens ties with OpenAI

      10 March 2026
      World hit by worst oil shock since the 1970s

      World hit by worst oil shock since the 1970s

      9 March 2026
      iStore prices MacBook Neo at R11 999 in South Africa

      Apple debuts MacBook Neo to challenge Windows PCs, Chromebooks

      5 March 2026
    • In-depth
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
    • TCS
      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience - Theo van Zyl

      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience

      13 March 2026
      TCS+ | Flipping the narrative on AI in the Global South - Josefin Rosén

      TCS+ | Flipping the narrative on AI in the Global South

      13 March 2026
      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      5 March 2026
      TCS+ | Bolt ups the ante on platform safety - Simo Kalajdzic

      TCS+ | Bolt ups the ante on platform safety

      4 March 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
    • Opinion
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
      The AI fraud crisis your bank is not ready for - Andries Maritz

      The AI fraud crisis your bank is not ready for

      18 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » Plain language: simpler said than done

    Plain language: simpler said than done

    By Editor11 July 2011
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp
    Frances Gordon

    SA mobile operators, like other companies, are obliged to comply with the stipulations of the Consumer Protection Act, section 22 of which requires them to communicate with their customers in plain language, be it in corporate communications or the wording of contracts.

    But in a country with as many languages and as broad an educational divide as SA, even defining “plain language” is proving difficult. And in a mobile industry, where terms like “HSPA+,” “LTE” and “UMTS” are used, even in advertising campaigns, operators could find the need to simplify their language particularly tough.

    Operators that fail to comply with the plain-language clauses could be fined up to R1m or 10% of their turnover, whichever is the greater amount. Moreover, courts could nullify, or deem as unenforceable, contract clauses not judged to be written in sufficiently simple language.

    Section 22 of the act provides what Frances Gordon, co-founder of business communications services firm Simplified, calls a “solid and ambitious definition for plain language”.

    “It’s conceptual, not prescriptive, but to paraphrase it says companies must write in a way that an ordinary consumer with minimal experience in a field can understand without undue effort,” she says.

    There are a number of important details in this definition. From a mobile operator’s perspective, it means contracts and supporting documentation need to be written in a way that even a customer who hasn’t had a contract before will be able to understand.

    Another important aspect concerns the amount of effort required by the customer. “Minimal effort also means that customers shouldn’t need to get documents translated for them. Operators don’t only have to worry about English, but all of the languages spoken by their customers.”

    Gordon says most consumer complaints against operators pertain to misunderstandings arising from particular contract clauses. Consumers have previously been required to sign clauses claiming that they have read and understood the contract, but under the Consumer Protection Act this will no longer work as a defence.

    Companies can no longer sidestep their obligations by getting customers to sign agreements saying they’ve understood contracts they’ve entered into. “The consumer cannot sign away that right under the act.”

    It is the seller’s obligation to ensure that the buyer fully understands their contractual commitments. “Companies have to start drafting legal documents with consumers in mind rather than lawyers,” Gordon says.

    “It’s no good having a plain-language version with a ‘terms and conditions apply’ asterisk either,” she says. “The act requires that all information is ‘comprehensive’, so it’s not just about how contracts are phrased, but also about their content. You can’t leave something out. The act also talks to organisation, form and style, so the most important point has to go at the top.”

    Also, she says, companies can’t bury substantive information in a page of definitions. Gordon describes the act stipulations as creating a business environment where the seller, rather than the buyer, now needs to beware.

    She says challenges remains to complying with the act’s plain-language stipulations. “One person’s plain language isn’t another’s,” she says, suggesting companies will have to test their contracts on customers before applying them.

    “On average, simplifying a contact takes three to four months,” says Gordon. “It requires multiple drafts and extensive testing, and despite what many companies seem to think, it’s not a process you can complete in a week.”

    And there aren’t yet regulations pertaining to plain language, though plain-language practitioners are pressing the department of trade & industry to correct this.

    Gordon says it’s going to take some time, and a few precedent-setting legal battles, for plain-language requirements to be finalised. For now, “there is nothing that tells us how to interpret the act”.

    “One interpretation is that you have to communicate in the language in which a person is most comfortable reading,” she says. “If you read the act conceptually, that suggests you would have to communicate in all languages. But companies are sure to fight this. The National Credit Act suggests that communicating in the country’s two dominant languages of each region is sufficient.”

    Gordon says companies need to realise that even terms like “liability” can be problematic for some users and that perhaps “responsibility” is a better term. “Even if you’ve been to university, you can’t necessarily read a legal contract. In the US, many health materials are written at grade 5 level. In SA, there isn’t yet a good grasp of the level at which things need to be pitched.”  — Craig Wilson, TechCentral

    • Subscribe to our free daily newsletter
    • Follow us on Twitter or on Facebook
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Frances Gordon Simplified
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleNews of the World scandal: is your phone safe?
    Next Article TalkCentral: Episode 44 – ‘Cheapband’
    Company News
    Households still under big pressure, Altron Fintech index shows

    Households still under big pressure, Altron Fintech index shows

    13 March 2026
    How AI is changing the way we work - Angela Ho, Obsidian Systems

    How AI is changing the way we work

    12 March 2026
    Domains.co.za introduces complete domain protection service

    Domains.co.za introduces complete domain protection service

    12 March 2026
    Opinion
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026
    VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

    VC’s centre of gravity is shifting – and South Africa is in the frame

    3 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Post Office on the brink of collapse

    Post Office on the brink of collapse

    13 March 2026
    New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

    New policy direction targets South Africa’s municipal broadband logjam

    13 March 2026
    How electronic warfare is threatening ships and their crews

    How electronic warfare is threatening ships and their crews

    13 March 2026
    Rand slumps for second week

    Rand slumps for second week

    13 March 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}