The use of artificial intelligence for adjudication in South Africa

Abstract

It is no secret that South African courts are overburdened. This overload of the South African courts system makes access to justice, which is already a constitutional imperative, an even more elusive goal to achieve. The South African court structure is made up of the following courts: The Constitutional Court, the Supreme Court of Appeal, the High Courts, the Magistrates' Courts (and any other court established in terms of an Act of Parliament). In South Africa, there is an increased need for court services.4 It stands to reason that because of this growing need for court services, the South African government should investigate possible solutions that will help solve this problem. In a technologically driven world, it would not be hard to imagine that a possible solution to this situation will be one that is primarily based on, or at least driven by, technology. The current state of affairs in both business and professional life is one of rapid change. The change that is currently taking place in the world is not only limited to a few industries and professions, but it permeates through every fabric of human activity. The legal field is no exception to this rapid rate of change. There is no doubt that the legal field will undergo a massive transformation in the future, as will every other industry. The main concern of this research is the impact that technology will have on the legal field; more specifically, the effect that the use of artificial intelligence (hereinafter referred to as AI) could have on adjudication as used by the judiciary in South Africa.