Pretoria: Justice in the new digital age must strike a careful balance between the protection of human rights and the integration of technology into the system. This is according to Deputy Minister of Justice and Constitutional Development, Andries Nel, who addressed the Lex-Informatica 2026 Conference held in Pretoria on Thursday.
According to South African Government News Agency, Nel reflected on the rapid modernisation of systems such as artificial intelligence (AI), emphasizing that while technology offers powerful tools to transform the justice system, it cannot replace the human qualities that lie at the heart of justice. He pointed out that AI can identify precedent but cannot understand the moral weight of a decision. Machines can process information but cannot possess integrity, produce arguments but cannot comfort victims, and analyze evidence but cannot fully appreciate the fear of a witness, the vulnerability of a child, or the dignity of an accused person.
Nel highlighted the limitations of AI by citing the case of Mavundla v KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs, where lawyers submitted heads of argument that included fictitious case law citations. This, he said, serves as a reminder that while AI offers powerful tools for research and drafting, it cannot replace the ethical duty of verification and professional judgment.
Despite the challenges, Nel acknowledged that modern technology is also playing a role in improving efficiency in the courts. He described the Court Online system as transformative in the management, handling, and sharing of court records. The system reduces physical movement of people and documents, allows faster filing and retrieval of case-related information, eliminates misplaced or lost case files, and provides simultaneous access to case information for multiple authorized users.
Nel also expressed concern about digital exclusion, stressing that the justice system must not leave rural communities, the elderly, and the economically disadvantaged behind as digitization becomes inevitable. He called for a whole-of-society approach to protect human rights as the world moves toward rapid digital transformation, emphasizing the need for a balance between innovation and accountability, progress and protection, and efficiency and human rights and inclusivity.
In conclusion, Nel urged collaboration among government, business, the legal profession, academia, industry, and civil society to shape a digital future that honors constitutional values, protects human rights, and strengthens the rule of law, ensuring that the digital age works to the betterment of humanity.