Artificial intelligence is rapidly reshaping legal practice worldwide, and South Africa is no exception. From AI-assisted legal research to automated drafting and predictive analytics, these tools offer unprecedented efficiency, cost savings, and enhanced access to justice. Yet alongside these opportunities lie serious risks. Unverified AI outputs can introduce factual errors, misrepresent case law, breach client confidentiality, and even undermine professional judgment.
Recent South African cases underscore both the promise and the peril of AI in legal practice. In Makunga v Barlequins Beleggings (Pty) Ltd t/a Indigo Spur (WCC) [2023] ZAWCHC 332, a self-represented litigant used AI tools to draft heads of argument. The presiding judge commended the quality of these submissions, noting that some experienced advocates had produced inferior arguments. This case illustrates how AI can enhance access to justice, particularly for individuals without formal legal representation.
