An incident involving AI in legal research has sparked scrutiny after fake case citations were used in the Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others case. Philani Mavundla’s counsel, S. Pillay, submitted a supplementary notice for leave to appeal, citing several cases, most of which were fictitious. Judge Elsje-Marié Bezuidenhout, upon discovering the fake citations, had court law researchers review the document, confirming the majority were non-existent.
One example was Pieterse v The Public Protector, which turned out to be a fabricated case. When Judge Bezuidenhout requested copies of the cited cases, Pillay could not provide them and sought an adjournment. This has raised concerns about the reliability of AI-generated legal research and the ethical responsibilities of legal professionals. The Legal Practice Council (LPC) may investigate the incident to understand AI’s role and establish guidelines to prevent such misuse in the future. The incident highlights the importance of verifying AI-generated information in legal contexts.