The Impact of Technology on the Legal Sphere in South Africa
Globally, technology is developing very quickly, and this is also true in the legal industry. In this post, we discuss the benefits of technology for the legal profession as well as how technological advancements affect various stakeholders in the legal system.
Since technology has permeated most parts of our lives, having impact on both personal and professional parts , legislation must be improved in order to regulate the industry and maintain order in what’s been regarded a boundless internet and its surrounds.
The COVID-19 pandemic serves as a poignant example, showcasing the adaptability of the legal profession through virtual court sessions—a testament to the industry’s resilience in embracing technological innovations. As such, advancements in the technology has yielded positive uses in the legal profession including; educating individuals and making the law more accessible to those who might not otherwise have access to it. Many courts have also embraced the new technology environment by adopting court management systems such as caselines, a court management system created for the online folder of cases.
The benefits of incorporating technology into our legal profession include enhanced contact between practitioners and their clients through multiple platforms that permit consultation and communications, allowing legal practitioners to interact with clients from across the country. This, in turn, contributes to the fraternity’s long-standing goal of improving access to justice. Additionally, the advent of internet resources like LexisNexis and CaseLines has helped legal professionals access legal resources like case law more quickly and effectively. Caseline facilitate the electornic storgage of documents that makes it easier to file and retrieve documents and lessens the chances of court files being misplaced throughout the proceedings.
The danger associated with technology progress is rooted in an aversion to the unfamiliar. Because of the risks that come with technology breakthroughs, laws must change and advance at a rate that keeps up with the times. Technology advancements make it more important for lawmakers to enact laws as a regulatory instrument to safeguard individuals from cybercrimes, which are only going to get worse. In the nation, technology is being used as a potent weapon to commit cybercrimes, making this a vital measure. Cyber crimes refer to crimes which are committed with the use of an electronic device. Implementing legislation to this effect would ensure that South Africans are more informed about what technology entails, the dangers thereof, their rights and steps that they can take should they fall victim to cybercrime. It is evident from the slow implementation of the Protection of the Personal Information Act which sets out the accessing and processing of a person’s personal information.
Data security and privacy breaches are one of the biggest concerns associated with technology use. According to reports, data breaches are the main cause of cybercrime in the nation, which emphasizes the need for better security precautions and legal regulation. Ensuring the confidentiality of confidential legal information given by clients is crucial. In addition to the legislative, legal companies must also invest in cyber security measures in order to safeguard sensitive data in light of the development of new technologies and the use of artificial intelligence.
Technology impacts the law in the South African legal landscape in tremendous ways. Technology makes the law more accessible to people who would not otherwise have access to it, allows legal professionals to conduct their legal work more effeciently and also effects effective communication. The positive aspects of technolgy could be overshadowed by the negatives which include data and security breaches which make it necessary for lawmakers to implement new laws which can regulate the sector. Technology needs to be embraced by the legal fraternity while acknowledging its adverse effects. Technology can be used as a tool to achieve transformation, improving access to justice and meeting the needs of the population as their needs change with new technologies.
Author : Keziah Toemaker
Keziah Toemaker is a final-year BA Law student at the University of Pretoria. She is actively involved in researching potential legislative developments in banking law and the future of cryptocurrencies, with the aim of publishing articles in her university’s Student Review Journal.