Despite digital transformation efforts within South Africa’s judicial system, constraints such as budgets and limited ICT human resource capacity persist.
This is according to Andries Nel, deputy minister of justice and constitutional development, speaking yesterday at the Lex-Informatica Cyber Law and ICT Conference 2026.
The gathering brought together experts and stakeholders from the fields of law, technology and innovation.
Nel pointed to his department’s efforts to build a justice system that is modern, responsive and anchored in the realities of a rapidly-evolving technological landscape.
He noted that technology can expand access to justice − through digital courts, online dispute resolution and legal platforms.
Among the department’s digital strategies arethe Court Online system, the Masters Offices Deceased Estates Onlineplatform, the online booking systems and QR-coded appointment letters, he said.
According to Nel, plans are also underway to extend these platforms to allow for the electronic submission of liquidation and distribution accounts.
“In leveraging opportunities presented by the fourth industrial revolution, we have advanced the integration of digital technologies to transform the manner in which justice services are accessed, delivered and managed,” he stated.
“This does not mean there are no constraints – we are faced with limited ICT human resource capacity, procurement delays and budgetary pressures.”
South Africa’s judicial processes are synonymous with archaic functions and systems that don’t speak to the modern evolution of technology.
Digitising South Africa’s justice system is crucial to improve efficiency, transparency and accessibility.
The Department of Justice and Constitutional Development (DJCD) is among several government departments that have been vocal about modernising its systems and judicial public services.
Last year, department minister Mmamoloko Kubayi said her department wasworking with the SA Law Reform Commission and other agencies to determine how technology, including artificial intelligence (AI), can enhance the work of the DJCD.
The process aims to help the justice department review and suggest possible amendments of policies and legislation, Kubayi said at the time.
Yesterday, Nel explained that 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.
He stated that the legal fraternity must adapt to digital platforms, cross-border realities and new demands for inclusivity and justice.
Reflecting on AI, Nel commented: “Increasingly, AI is playing a bigger role. It can search vast quantities of law, summarise judgements (and generally does it very accurately), draft contracts, identify patterns and can even predict likely outcomes of litigation.
“We’ve got to understand these technologies and learn how to use them, but we also must understand what their limitations are.
“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.
“AI can’t take an oath, 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.”
He said while AI offers powerful tools for research and drafting, it cannot replace human qualities and the ethical duty of verification and professional judgement. “The challenge is therefore not to resist technological change, but to ensure technology serves justice rather than replacing humanity.”
Nel concluded that even though digitisation remains inevitable, the justice system must guard against digital exclusion and leaving rural communities, the elderly and the economically disadvantaged behind.
Share
