Faculty of Law

Simplifying an extract of an Act

 Simplifying an extract
What does it mean to “simplify"?
• To simplify something is to make it less complex and easier to
understand.
• When you simplify, you make things clearer, and not necessarily
shorter. Simplifying is different from summarising.
Useful Tips:
• Do not remove a few words; replace them with
phrases/synonyms.
• It’s best to rewrite the section in the words you understand.
• Important to maintain the meaning and context of the section.
• Sometimes when merely changing difficult words to simplified
words, changes the meaning of the section.
• To simplify does not mean to make it shorter, it means to make
it clearer for better understanding: inevitably, the simplified
version may be longer than the original text.
 Common errors when simplifying
Students tend to:
• Summarise/shorten the text and not simplify it, thus losing the
essence of the assignment
• merely use synonyms and then change the meaning of the text
• copy the text section verbatim without simplifying it.
• fall into the trap of shortening the text and as a result do not cover
key points of the text
• not follow instructions, instead give an opinion on the content and
meaning of the text
• replace only one or two words with a synonym and leave out words
to make the sentence shorter but this does not have the effect of
simplifying.
• Students do not try to understand the meaning of the text.
• Students simplified the wrong text.
• USE PARAPHRASING TOOLS.
Examples from previous
assessments
 2020 Assessment

SIMPLIFY ASSIGNMENT (10 MARKS):

You are required to simplify the following:
Section 21 (1) and (2) of Companies Act 71 of 2008.
21. Pre-incorporation contracts. —
(1) A person may enter into a written agreement in the name of, or purport to
act in the name of, or on behalf of, an entity that is contemplated to be
incorporated in terms of this Act but does not yet exist at the time.
(2) A person who does anything contemplated in subsection (1) is jointly and
severally liable with any other such person for liabilities created as provided for
in the pre-incorporation contract while so acting, if—
(a) the contemplated entity is not subsequently incorporated; or
(b) after being incorporated, the company rejects any part of such an
agreement or action.
 2020 MEMO

SIMPLIFY ASSIGNMENT
MARKING GUIDELINE
The following words are the words a marker must look for when marking:
 Purport – (appear)
 Entity - (a body or structure which exist independently and separately)
 Contemplated (considered and intended)
 Incorporated (formed /or constituted)
 Contemplated (contained)
 Jointly and severally (each party have responsibility for the full amount of
obligation or debts and that parties are only responsible for their share of
the obligation).
 Liable (responsible)
 Liabilities (debts/ charges /obligations)
 Pre-incorporation contract (written agreement that is entered into
by a person who is acting in the name of, or appears to act in the
name of or on behalf of a company that does not yet exist at the
time)
 The contemplated entity is not subsequently incorporated (after
entering into the said agreement, the intended body/ structure is not
formed)
 Reject (not accepted)
Give 1 mark for each word explained.
8 marks for the content. 2 marks for the impression.
TOTAL 10
 2022 Assessment
You are required to simplify the following:
Section 23 of the Road Accident Fund Act 56 of 1996
23. Prescription of claim
(1) Notwithstanding anything to the contrary in any law contained, but subject to
subsections (2) and (3), the right to claim compensation under section 17 from the Fund
or an agent in respect of loss or damage arising from the driving of a motor vehicle in the
case where the identity of either the driver or the owner thereof has been established,
shall become prescribed upon the expiry of a period of three years from the date upon
which the cause of action arose;
(2) Prescription of a Claim for compensation referred to in subsection (I) shall not run
against-
(a) a minor;
(b) any person detained as a patient in terms of any mental health legislation; or
(c) a person under curatorship
10 marks
 Words to be considered from the
example
(1) Unless suggested otherwise (1) in any law contained but subject to
subsections 2 and 3 the right to claim money from someone who has
caused loss, suffering or injury (1) under section 17 from the Fund or
an agent in respect of loss or damage arising from the driving of a
motor vehicle in the case where the identity of either the driver or the
owner thereof has been established shall no longer be liable (1) upon
the expiry of a period of three years from the date upon which the event
occurred that lead to the action against the driver (1).
(2) The lapse of liability of the driver of a claim for the monetary reward
referred to in subsection 1 shall not run against
a) A person under the age of 18 (1)
b) Any person who is in official custody (1) as a patient in terms of any
mental health legislation
c) A person who’s assets are being taken care of by another (1)
 2022 MEMO
Marking Guideline:
The following words must be looked at when you are busy marking the assessment:
Notwithstanding anything to the contrary – Unless suggested otherwise (or
anything along those lines)
Compensation – something, generally money that is awarded to someone due to
loss, suffering or injury
Prescribed – debtor loses his liability to pay an outstanding debt after a certain
time period has passed.
Cause of action – a fact that enables a person to bring an action against another.
Minor – A person under the age of 18
Detained – A person who is in official custody
Curatorship – A person whose assets are being taken care of by another.
If students change the wording under the first sentence of subsection 2 (Words
already changed in subsection 1 like Prescription and compensation give them 1
mark).
• 7 marks are to be awarded for simplifying the above words, 1 mark for them
changing the first sentence under subsection 2 and 2 marks for Impression
mark.
• Total of 10 Marks.
 2023 Assignment due 31 July 2023
Simplify the following Act extract, taken from section 2 of the Domestic
Violence Act 116 of 1998.
• Mark allocation: 10
• Submission format: PDF
• Submission Platform: Moodle
2. Duty to assist and inform complainant of rights.—Any member of the South
African Police Service must, at the scene of an incident of domestic violence or as
soon thereafter as is reasonably possible, or when the incident of domestic violence
is reported—
a) render such assistance to the complainant as may be required in the circumstances,
including assisting or making arrangements for the complainant to find a suitable
shelter and to obtain medical treatment;
b) if it is reasonably possible to do so, hand a notice containing information as
prescribed to the complainant in the official language of the complainant’s choice;
and
c) if it is reasonably possible to do so, explain to the complainant the content of such
notice in the prescribed manner, including the remedies at their disposal in terms of
this Act and the right to lodge a criminal complaint, if applicable.