This blog is written by Bamanye Gqanabisa, a Third-year law student of Nottingham Trent University

The digital world offers huge potential for the legal fraternity and presents the opportunity to make significant prescriptive changes and apply the efficiencies of the digital age. The South African legal system has the chance to reap these benefits, as "transforming the legal framework to accommodate the modern world and ease access to that world for all types of users, from lawyers to laypeople, is an important process to undertake." And yet, for all these potential gains, there also lie significant challenges. "Risks range from cybersecurity threats to inadequate infrastructure, from skilled manpower issues to inadequate legislation." In short, the opportunities and efficiencies of digitization must confront access problems, serious potential threats, and several prescriptive challenges to the overall system.

1. The Current State of South Africa's Legal System

For most of its existence, South Africa's legal system has depended on the slow-moving world of paperwork. Face-to-face encounters and physical structures were the order of the day. Courtrooms, law offices, and government agencies functioned as stop-and-go paths to justice. They were often slow, too costly for many, and incomprehensible to most of those who needed to understand the processes and rules that governed their access to justice. This is especially true for people living in rural parts of the country, far from the nearest court or legal office. Beginning with the onset of the COVID-19 pandemic, however, the adoption of technological tools was rapidly accelerated in the world of law and justice. Despite the challenges, this opened the door to a still-unfolding story of equality.

2. Technology and Access to Justice

Possibly one of the most dramatic changes that can happen through the use of technology in the legal process is in the area of access to justice. The social challenges such as inequality and poverty have heavily impacted the society of South Africa making it difficult for people to access any legal aid. The Legal Aid South Africa Annual Report reveals that less than a quarter of the population can afford to hire lawyers while the majority of the citizens have to rely on services offered by limited Legal Aid organizations. Technology can however be used to help close this gap due to the other means that it provides for people to seek legal aid.

For instance, online legal applications can offer legal consultation, legal forms, and access to legal services of different types at a lower price. In the same way, it can be pointed out that the availability of such platforms as the Legal Aid South Africa online portal has already contributed to the processes of expanding the legal service provision market. However, such functions are only as good as the Internet and to some extent, the Internet while is still a problem for many South Africans. The modernization of digital networks, especially in the regions, can be appropriate to make certain that technology is capable of delivering equal opportunities available in justice systems.

3. Streamlining Court Processes

The court system in South Africa has been slow, over the years there have been so many cases that are still to be heard. Technology brings out solutions to these processes making the system detailed hence lowering the case resolution times. Some examples include e-filing which enables the professionals in the field to lodge documents and deal with the circumstances without physically being in the courts. This not only saves time but also cuts a lot of traveling costs and minimizes the use of paper.

Modernization which is defined as the use of information technology in managing records of a court is implemented in the South African Judiciary through the CaseLines system. The Case Lines minimizes the submission of evidence and case documents, and the documents can be accessed through an electronic device through the internet by judges, lawyers, and other legal practitioners. This helps in minimizing on the use of papers and also improves the ways by which case management is been done.

Another form is virtual hearings which have also received attention during the outbreak of the COVID-19 virus where in-person hearings were significantly controlled. Although virtual hearings are proven to minimize travel and accelerate the legal processes, they underline the imperative need for proper technology and internet facilities. Intermittent connectivity and technical challenges may result in interruption of court sessions, it is therefore important that the legal system puts in place the necessary facilities for virtual hearings to work.

4. Cybersecurity and Data Protection

With the digital transformation of the country’s legal sector, these issues of cybersecurity gained a new dimension in South Africa. The legal profession manages client data that is often considered sensitive or even privileged information hence vulnerable to cyber fraud. The leakage of this information could be detrimental to the clients, the lawyers, and the justice systems of the countries involved.

The Protection of Personal Information Act (POPIA) of South Africa provides some best practices regarding the collection and processing of personal data, yet enforcing compliance with the law throughout the legal systems is still a problem. Lawyers and legal organizations need to develop effective and sufficient security to ensure current and future clients’ records. This entails email encryption, protection of social media and other forums, and raising legal talent on the principles of data protection.

Furthermore, advanced technological development joins digital evidence legacies in court such as emails, social media posts, and electronic contracts, which poses the validity and security of this evidence. Lawyers need to know how to authenticate and/or produce computer-based evidence that is responsible, ethical, and acceptable to all.

5. The Future of Technology in South Africa's Legal System

Although the legal system modernization in South Africa is still a rather recent process, technology might bring radical changes to the sector. Several areas are said to be dictates of the future development of the legal system as follows.

AI and machine learning could be implemented to streamline more repetitive and monotonous legal tasks for instance, in the examination of contracts or the compilation of research. It could also help anticipate the verdict given a case by analysing previous similar judgments which would help the lawyers and clients.

The platform for deploying new technologies is offered to the legal system once again with blockchain technology. They show that by adopting blockchain techniques in storing and authenticating legal documents including contracts and deeds to properties, fraud can be attenuated and document authenticity verified without much stress.

Last but not least, there will be a need to invest in this technological advancement in the capabilities of the digital legal platform for the continuing education of legal professionals to ensure that technology is adopted well into the legal system. These are availing technology to the counties, correcting and increasing the competency of legal persons in the use of technology, and the enhancement of laws about the progression of the available technologies.

Conclusion

In its simplest form, technology can be used the bring efficiency and access to justice in South Africa’s court of law as well as improve record-keeping systems. Nevertheless, reaching this modernization will involve solving problems with digital infrastructure, thus achieving high levels of cybersecurity, and adapting laws. By adopting the right policies and investing in the legal system, the citizens of South Africa could benefit from a fair, efficient, and easily accessible legal system.

References:

1. Legal Aid South Africa, Annual Report 2021/2022 (Pretoria: Legal Aid South Africa, 2022).

2. South African Judiciary, 'CaseLines: A Step Towards Digital Justice in South Africa', South African Judiciary Website (2021).

3. Protection of Personal Information Act 4 of 2013 (POPIA).

4. C. Young, 'The Role of Artificial Intelligence in Modern Legal Practice', South African Law Journal (2020).

5. S. Moore, 'Blockchain and the Future of the Legal Industry', Journal of Law, Technology, and Policy (2019).