Abstract
This research examines the importance of language within South African contract law and investigates comic contracts as a means to give effect to the plain language standard set in terms of section 22 of the Consumer Protection Act 68 of 2008 (“the CPA”). The traditional method of drafting contracts is often filled with legal jargon and precedent, and exclude ordinary or average consumers, raising issues about whether genuine consensus is reached.
Comic contracts, introduced in South Africa by Robert de Rooy in 2016, utilise a mix of text, images, and sometimes audio to make contracts understandable for both literate and illiterate consumers. They break down linguistic and cultural barriers, promote transparency, and empower consumers to understand their rights and responsibilities. Similar efforts in Western Australia further illustrate their success in minimising disputes and enhancing compliance.
The study analyses the validity of comic contracts under South African law, noting that they meet requirements of consensus, capacity, legality, possibility, and certainty. They, however, have their challenges. Section 22 of the CPA is examined in detail, focusing on target audience factors (ordinary consumer, literacy skills, minimal experience) and document design principles (context, comprehensiveness, organisation, vocabulary, illustrations). International developments, such as the ISO plain language standard, reinforce the importance of clarity and usability in legal communication.
The findings suggest that comic contracts can give meaningful effect to the plain language standard while facilitate genuine consensus between contracting parties, thereby offering a potentially transformative approach to contract design and consumer protection.