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.
Reflecting on the rapid modernisation of systems such as artificial intelligence (AI), Nel emphasised that while technology offers powerful tools to transform the justice system, it cannot replace the human qualities that lie at the heart of justice.
“AI can identify precedent, but it can’t understand the moral weight of a decision. Machines can process information, but they can’t possess integrity. They can produce an argument, but they can’t comfort a victim.
“It can analyse evidence, but it can’t fully appreciate the fear of a witness, the vulnerability of a child, or the dignity of an accused person.
“AI can’t take an oath. It can’t accept responsibility, and it can’t understand justice in the human sense – and ultimately that remains the responsibility of the legal practitioner or the judicial officer,” Nel highlighted.
He cited the case of Mavundla v KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs as a warning against over-reliance on AI.
In the case, lawyers were found to have submitted heads of argument that included some fictitious case law citations.
“This is a constant reminder to all of us – while AI offers powerful tools for research and drafting, it cannot replace the ethical duty of verification and professional judgement.
“We cannot compete with machines at processing information. But we can bring to technology what technology can’t supply – judgement, context, nuance, empathy, ethics, courage, and human understanding. The challenge is therefore not to resist technological change but to ensure that technology serves justice rather than replacing humanity,” Nel stated.
The Deputy Minister noted that despite some challenges, modern technology is also playing a role in improving efficiency even in the courts.
One example is the Court Online system, which he described as transformative to the “management, handling, and sharing of court records”.
This system now allows for:
• Reduced physical movement of people and documents between stakeholders and courts;
• Faster filing and retrieval of case-related information;
• Elimination of misplaced or lost case files, and
• Simultaneous access to case information allows multiple authorised users to view and process the same file in real time.
“This platform enables law firms and litigants to file court documents electronically via the Internet, significantly reducing reliance on traditional, paper-based processes,” he said.
Access to justice
Nel noted that while digitisation remains inevitable, the justice system must guard against digital exclusion and leaving rural communities, the elderly and the economically disadvantaged inadvertently behind.
“In South Africa, the need to build a justice system that is resilient, inclusive, and future-ready has never been more urgent.
“To address this, it is essential to anticipate legal needs through predictive analytics and early intervention, to deliver timely, accessible justice services using automation and digital platforms, to inform policy decisions with real-time, evidence-based insights and to build public trust by enhancing transparency, accountability, and responsiveness,” he urged.
He called on a whole-of-society approach to protect human rights even as the world moves toward rapid digital transformation.
“Justice in the digital age is about balance: balancing innovation with accountability, progress with protection, and efficiency with human rights and inclusivity. It is about building a society where technology serves humanity, not the other way around.
"Together – government, business, the legal profession, academia, industry, and civil society – can shape a digital future that honours our constitutional values, protects human rights, and strengthens the rule of law.
“Let us commit ourselves to ensuring that a digital age works to the betterment of humanity,” Nel concluded. – SAnews.gov.za
