LPC Practical Vocational Training Guide: LPC Guide for ICT for Practice / Cyber Law (Regulation 6(10)(n)) - LPC Guide for ICT for Practice / Cyber Law (Regulation 6(10)(n))

Legal Practice Act — LPC Practical Vocational Training Guide: LPC Guide for ICT for Practice / Cyber Law (Regulation 6(10)(n)) (source: https://lpc.org.za/wp-content/uploads/2026/03/n-LPC-Guide-for-ICT-for-Practice-Cyber-law-ito-Regulation-610.pdf) PRACTICAL VOCATIONAL TRAINING (PVT) STRUCTURED COURSEWORK PROGRAMME FOR CANDIDATE LEGAL PRACTITIONERS (CANDIDATE ATTORNEYS) Information and communication technology for practice, and associated aspects of cyber law, in terms of Regulation 6(10)(n) Author acknowledgement Ismail Hussain SC 2026/2027 PVT Structured Coursework Programme Publication and Copyright information © 2026/2027 The South African Legal Practice Council. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the South African Legal Practice Council. This intellectual property is strictly for the education and training of candidate legal practitioners as mandated by the Legal Practice Act 28 of 2014 and are not for commercial resale Acknowledgements The Legal Practice Council extends its gratitude to the Evaluator for his/her rigorous review, quality assurance, and contributions to the pedagogical effectiveness of this study guide: Reviewer: Ms., Hajira Bibi Kara (Practising Legal Practitioner) Published by: The South African Legal Practice Council National Office, Building 10, Riverview Office Park 100 River View Park Street, Halfway Gardens Midrand, 1686 GUIDE FOR INFORMATION AND COMMUNICATION TECHNOLOGY FOR PRACTICE, AND ASSOCIATED ASPECTS OF CYBER LAW Regulation 6 (10)(n) FIFTEEN GUIDES There are fifteen guides for practical vocational training of candidate attorneys. This guide deals with the Information and Communication Technology for Practice, and Associated Aspects of Cyber Law module in regulation 6(10)(n). OVERVIEW On 20 September 2014 Parliament assented to the Legal Practice Act 28 of 2014 (LPA). In terms of section 4 of the LPA, the Legal Practice Council (LPC) was established on 31 October 2018. The following day, on 1 November 2018 the bulk of the rest of the LPA came into effect. The Legal Practice Act regulates all legal practitioners whether on the practising roll or the non-practising roll. There are three forms of legal practice. They are an attorney, an advocate and an advocate with a Fidelity Fund certificate: see section 34 of the LPA. Under section 109(1)(a) of the LPA, the LPC published GN R921 in GG 41879 of 31 August 2018, as amended by GN R3779 in GG 49104 of 11 August 2023. The compulsory course work required in the regulations for candidate attorneys was standardised by the LPC in terms of the Norms and Standards. Regulation 6(10) reads: “(10) The programme of structured course work referred to in sub-regulation (1)(a) and (b) must be standardised and uniform throughout the Republic and comprise the following modules: (a) constitutional practice; (b) professional legal ethics; (c) personal injury claims; (d) high court practice; (e) magistrate’s court practice; (f) criminal court practice; (g) labour dispute resolution; (h) alternative dispute resolution; (i) attorneys’ bookkeeping; (j) wills and estates; (k) matrimonial law; (l) legal costs; (m) drafting of contracts; (n) information and communication technology for practice, and associated aspects of cyber law; and (o) introduction to practice management.” -- On 11 December 2020 the LPC published the Norms and Standards in Government Gazette 43981 under section 3 (g)(i) read with section 6(1)(b)(i) and section 95(1)(n) of the LPA. Regulation 6(10) requires candidate attorneys to be trained in the modules listed above. The similarity between regulation 6(10) for candidate attorneys and regulation 7(9) for pupils is not an accident. Section 32 of the LPA permits legal practitioners at any time, as determined in the rules and upon payment of the fee determined by the LPC, to apply to the LPC to convert their enrolment as attorneys to that of advocates and vice versa. Consequently, the training of candidate legal practitioners must allow for seamless section 32 conversions. Each guide per module deals with the requirements in regulation 6(10). Examiners are required to set questions drawn only from the latest LPC candidate attorneys’ curriculum and reading list. The combined curriculum and reading list is referred to as the “syllabus”. Each of the fifteen guides will assist training supervisors, mentors, busy legal practitioners and candidate attorneys to navigate the syllabus. The focus of the syllabus is on practical vocational training. INTRODUCTION TO EACH GUIDE Each guide per module in Regulation 6(10) is designed to assist candidate attorneys to understand, in real time, the minimum necessary under practical vocational training to become effective attorneys in practice. The essence of effective legal practitioners is the ability to read, to assimilate legal principles from that reading and to apply those principles to the facts of your client’s case and in argument before courts, tribunals, disciplinary bodies, and any other forms of formal gatherings and meetings. The guides avoid prolixity. However each guide requires dedicated concentration. For the examinations, candidate legal practitioners (candidate attorneys and pupils) must be up to date with the latest Constitutional Court and Supreme Court of Appeal cases to within one week before the date of each exam. The guides do not rehash what you studied at University. Your LLB proves your capability. This guide will assist you to prepare for the LPC admission examinations. More importantly, this guide will also equip you to be an effective, competent, calm and (reasonably) confident attorney when you enter the legal profession. REQUEST TO CANDIDATE ATTORNEYS FOR DUE DILIGENCE Please read this guide attentively. Please carry out all recommended court attendances. Please carry out all the recommended practical exercises. Please complete reading all the material in the LPC reading list. Please note the notional hours to complete all 15 guides are 400 hours. Please note this guide, like the other fourteen guides, is sufficient for self-study. Please remember, the exams are based on the LPC’s most up to date reading list. • Currently the most up to date syllabus dates from 28 March 2025: Notice 3086 of 2025 published in Government Gazette 52388. • Matters omitted from the LPC syllabus will not be in the examinations unless the statute, case or article under question is included in your exam paper and you are allowed extra reading time to consider that statute, case or article. • Matters mentioned in the LPC syllabus are the subject of exam questions. • You will be required to answer the exam questions from the perspective of: o Facts first o Law later • The LPC exams, also referred to as assessments, are practical in nature. • The questions will proceed from the following perspectives: – o What would you, as attorney of record, advise your client to consider? o What would you, as attorney of record, advise your client to do? o When and why would you refer a matter to another attorney or to counsel? o And similar practical questions. REFERENCES One of the products of Juta & Co Ltd is Jutastat. Most of the notes to this guide are downloaded from Jutastat. Please read the notes with care and diligence. This guide also relies on the Southern African Legal Information Institute (SAFLII). SAFLII is free and open access on the Internet. NOTE WELL The sequence of this guide follows the sequence in the most recent LPC syllabus of 28 March 2025 for candidate attorneys. The fifteen guides are designed to be updated when the LPC so requires. Bullet points below are drafted to assist you to grasp the material in the reading list. You must decide whether to accept or to amend the bullet points to suit your understanding. When there are no bullet points, you need nonetheless to read the rule or case to prepare for your exams. LPC SYLLABUS AND THE OFFICIAL SOURCE FOR ALL EXAMINATION QUESTIONS AT THE LPC ATTORNEYS’ ADMISSION EXAMS CURRICULUM READING LISTS AND COURSE CONTENT Introduction to information and International Bar Association’s Cybersecurity Guidelines communication technology for legal published in October 2018. professionals See https://www.ibanet.org/LPRU/cybersecurity- Awareness of cyberattacks. guidelines.aspx Security of personal information Protective risk management strategy. The Guidelines cover the required information and Awareness and protecting against fraudulent communication technology for practice, and associated transfers out of the trust account. aspects of cyber law in detail. However, the Guidelines are Data response plan in the IBA cybersecurity for general information for practitioners. The Guidelines are guideline published in October 2018 not being examined. Chapter 1: Technology Chapter 2: Organisational processes For examination purposes read the following: Chapter 3: Staff training Electronic Communications and Transactions Act 25 of Responsibility for personal/ commercial 2002, Chapter III, Part 1, sections 11 to 20. information. Spring Forest Trading CC v Wilberry (Pty) Ltd t/a Ecowash Specific cyber security tips. 2015 (2) SA 118 (SCA) The future of artificial intelligence as a boonBorcherds and Another v Duxbury and Others 2021 (1) SA and a threat to legal practitioners. 410 (ECP) at paras [22] to [38] Aarifah Security Services CC v Jakoita Properties (Pty) Ltd The use of technology in the legal industry, and Others 2021 (5) SA 207 (GJ) at para [63] including electronic discovery and case Compare and contrast: management systems The legal framework for Global & Local Inv Advisors (Pty) Ltd v Fouche 2021 (1) cyber law in South Africa, including the SA 371 (SCA) ([2019] ZASCA 8) at paras [15] and [16] Electronic Communications and Transactions Act and the Protection of Personal Information Hawarden v Edward Nathan Sonnenbergs Inc 2023 (4) SA Act 152 (GJ) at paras [1] to [4] and paras [63] to [97] and [108]. Cybersecurity and data privacy considerations Reversed on appeal: Edward Nathan Sonnenberg Inc v for legal professionals and their clients Hawarden 2024 (5) SA 9 (SCA) – the headnote Ethical and professional considerations when using technology in practice Consider paragraph [17] in Mosselbaai Boeredienste (Pty) Drafting policies and procedures for Ltd v OKB Motors CC (Case no 1216/21) [2023] ZASCA technology use in a law firm 91 (09 June 2023). INDEX Overview – Fifteen Guides pages 1 to 3 LPC syllabus and the official source page 4 for all examination questions at the LPC attorneys’ admission exams Index page 5 ICT for Practice Cyber law Introduction page 6 What is ChatGPT? page 6 The Disruptive Influence pages 6 to 8 Introduction to eDiscovery pages 8 to 9 ECT Act pages 9 to 10 Define – document pages 10 to 12 Proof where required page 12 Recent Developments in AI pages 12 to 14 What about AI? Useful Judgements pages 15 to 16 What are AI Hallucinations? page 16 Some Guidance page 17 Apply your Mind page 18 Artificial intelligence (AI) and the disruptive influence of ChatGPT pages 18 to 19 E-Commerce pages 19 to 20 Some Useful Sections page 20 The Case Law page 20 Cyber Crime page 20 INFORMATION AND COMMUNICATION TECHNOLOGY FOR PRACTICE, AND ASSOCIATED ASPECTS OF CYBER LAW Introduction As a young graduate embarking on a new profession, you cannot ignore the breath and depth of the influence of the digital world on the profession. AI and AI tools are having a disruptive effect on the legal profession. However, this is not all a negative influence and you are expected to harness AI to make your work more efficient and use it in the interests of client and the firm. What is ChatGPT? ChatGPT stands for Chat Generative Pre-trained Transformer. "Chat" refers to its conversational interface, while "Generative" means it creates human-like text. "Pre-trained" signifies that it has undergone extensive training on large datasets, and "Transformer" refers to the specific neural network architecture it uses to process and generate language effectively. A warning: note that many of the freely available AI tools, such as ChatGPT, are not intensively trained on South African law. So, the authorities have to be verified. Currently LexisNexis have AI tools that are trained with S A Law. The product is Lexis+ with Protégé which is a personalised AI assistant. The Disruptive Influence The main disruptive influence of AI on the legal profession is the automation of repetitive and time- consuming tasks, which allows legal professionals to focus on more complex and strategic work. AI technologies, such as natural language processing (NLP) and machine learning, can analyse large volumes of legal documents, perform legal research, predict case outcomes, and assist in contract review, all of which significantly reduce the time and cost involved in these tasks. This is what we call legal process work, which can be time consuming and labour intensive. Traditionally large firms and corporates outsourced this work to smaller firms of attorneys and call centres located around the world. AI has drastically reduced the need to outsource. Here are some key areas where AI is disrupting the legal profession: 1. Document Review and Contract Analysis: AI-powered tools can quickly review and analyse contracts, legal documents, and case files, identifying relevant clauses, precedents, and potential risks. This helps lawyers speed up their work and reduce errors, especially in due diligence or large-scale litigation. AI can be highly effective when dealing with takeovers and mergers. 2. Legal Research: AI can streamline the process of legal research by quickly sifting through massive databases of case law, statutes, and regulations. This enables lawyers to access relevant information faster, improving efficiency and reducing research time. However, as we point out below, there remains a duty on legal practitioners to verify information obtained from using an AI tool before using the data. For example, case references must be verified before you use them in court documents. 3. Predictive Analytics: AI can help lawyers predict the likely outcomes of cases by analysing past rulings, judicial behaviour, and patterns in legal decisions. This can inform strategy, giving lawyers a better understanding of the chances of success in a particular case. This can be useful when you carry out Risk analysis or Merits risks in deciding if you can take on a case on a contingency agreement. This is a sophisticated software and it has not, yet, taken traction in this country. 4. Contract Generation and Drafting: AI tools can assist in drafting standard contracts or legal documents based on templates, reducing the need for manual document creation. These systems can also ensure that contracts adhere to legal standards and best practices. This is widely used by commercial law firms and many corporates such as banks and insurance companies. There are various software options available and this AI tool is now widely used by attorneys. It has replaced the old “precedent file”. Go and find out what your firm is currently using and see how it works. You have to learn to use this AI tool as it will make you more efficient, more accurate and you will use it in the interests of client. When you use this type of AI tool, you must check and recheck every clause before you present a draft to client. Note that the software is not trained to draft the particular rights and obligations pertaining to your client’s peculiar transaction. This part of the document must be carefully drafted by you. (See the guide on “Drafting Contracts). 5. Automating Client Interaction: Chatbots and AI-powered virtual assistants can handle routine client interactions, answer basic legal questions, and schedule consultations, freeing up lawyers to focus on more nuanced tasks. However, do not forget you an attorney and you have to cultivate a relationship with your client. The latter will not appreciate being dealt with by a machine, chatbot, when they contact your office. You have to measure each client’s needs and the nature of your relationship, before you deploy chatbots. 6. e-Discovery: In litigation, AI can enhance the e-discovery process by automatically categorizing and reviewing vast amounts of electronic evidence, making it easier to find relevant documents. Commerce has moved away from paper documents. All your clients will bring documents that were electronically generated. You have to learn how to obtain, review and safely file and store eDocuments for purposes of discovery in litigation and other dispute resolution processes. Eventually, the term “eDiscovery” will fall into disuse as “Discovery” will mean discovery of all relevant documentation and in the 21st century, “documents” will mean electronically generated documents; as the world embraces digitisation. The rules for discovery, in our Uniform Rules, are currently adequate to deal with electronically generated documents. However, we expect the rules to undergo some revision. While AI has the potential to increase efficiency and reduce costs, it also raises concerns about job displacement, ethical issues, and the potential for bias in algorithms. Legal professionals need to adapt to these technologies and leverage them to enhance their practice, rather than view them as threats. Introduction to eDiscovery What is electronic discovery? It refers to the retrieval of materials originating from a computer and it extends beyond computer files to encompass the analysis, gathering, processing, review and production of discovery materials in electronic format from start to finish. The basic principle is that information which is stored, used or transmitted in electronic form should be available through discovery with the same openness as traditional forms. It is absolutely necessary for you to understand how to obtain and present documents in court. Those documents will almost certainly be produced, transmitted, saved and used in an electronic format. First, we deal with the ECT Act 25 of 2004. Thereafter we assist you with understanding how to prepare your documents for discovery and presentation in court or arbitration. Note that here we confine the discussion to digital information only. For general principles of discovery, please consult your guide on “High Court Practice”. At the outset we point out that the Uniform Rules still apply, you must read and apply Rule 35. That rule can be used for discovery and admission into evidence of electronically generated documents. Candidates should also note any revisions to the Uniform Rules relating to discovery of electronic documents, as these may impact examination scenarios. ECT Act Then you have to be familiar with the provisions of this Act, it must also be read with the relevant provisions of Rule 35. The following sections are important; you are expected to read them: (we provide more detail below) What is a "data message": it means data generated, sent, received or stored by electronic means and includes— (a) voice, where the voice is used in an automated transaction; and (b) a stored record; Section 11. (1) information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message. Read the whole of this section. Section 12. A requirement in law that a document or Information must be in writing is met if the document or Information is— (a) in the form of a data message; and (b) accessible in a manner usable for subsequent reference. Also read section 13 on electronic signatures. Read the Springforest judgement, referenced below and in your reading list. Section14. (1) Where a law requires information to be presented or retained in its original form, that requirement is met by a data message if— (a) the integrity of the information from the time when it was first generated in its final form as a data message or otherwise has passed assessment in terms of subsection (2); and (b) that information is capable of being displayed or produced to the person to whom it is to be presented. (2) For the purposes of subsection 1(a), the integrity must be assessed— (a) by considering whether the information has remained complete and unaltered, except for the addition of any endorsement and any change which arises in the normal course of communication, storage and display; (b) in the light of the purpose for which the information was generated; and (c) having regard to all other relevant circumstances. Can you tell how this section was dealt with in the Springforest case?, Section 15. (1) In any legal proceedings, the rules of evidence must not be applied so as to deny the admissibility of a data message, in evidence— (a) on the mere grounds that it is constituted by a data message; or (b) if it is the best evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form. (2) Information in the form of a data message must be given due evidential weight. (3) In assessing the evidential weight of a data message, regard must be had to— (a) the reliability of the manner in which the data message was generated, stored or communicated; (b) the reliability of the manner in which the integrity of the data message maintained; (c) the manner in which its originator was identified; and (d) any other relevant factor. (4) A data message made by a person was in the ordinary course of business, or a copy or printout of or an extract from such data message certified to be correct by an officer in the service of such person , is on its mere production in any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self-regulatory organisation or any other law or the common law, admissible in evidence against any person proof of the facts contained in such record, copy, printout or extract. You must read this section and understand it. You will be called upon to apply it during the process of discovery and proving documents into evidence in court. The point is that it is possible, using secondary evidence to establish the reliability and integrity of the information contained in a document. Regarding proof of documents in court, read the section on discovery and pre-trial conferences and case conferences, as well as case management. The point to be made is that, even with electronic documents, the parties are still expected to reach agreement on admissibility outside court and judges will frown upon unnecessary disputes in court over admissibility. You are expected to take a dispute over admissibility to court, only where the parties cannot reach agreement for good reason. Define – document A definition widely referenced is one accepted by the US Federal Court: ‘Any designated documents or electronically stored information – including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations – stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.’ In modern contexts, a "document" is defined as any material that serves to record or convey information. This definition encompasses a broad range of formats and media, including but not limited to: Textual Documents: These are traditional documents that consist primarily of written text, such as reports, letters, essays, and books. They can be in paper form or digital formats like PDFs, Word documents, and plain text files. You are familiar with these documents and they will be used for some time to come. Digital Documents: Beyond simple text files, digital documents include multimedia elements and interactive features. Examples include websites, e-books, digital forms, presentations (e.g., PowerPoint files), and email messages. You are familiar with this, but you have to understand their legal status relating to discovery. Look at the sections of the ECT Act quoted above. Multimedia Documents: These documents incorporate multiple types of media, such as images, audio, and video. Examples include videos, audio recordings, infographics, and multimedia presentations. These documents are crucial when used as visual evidence in court. For example, a video recording of a scene is very persuasive. This type of documents may be admitted in terms of the uniform rules as well as the ECT Act. Structured Data: Documents that contain structured data, such as spreadsheets, databases, and XML files, are also considered documents because they organize and present information systematically. Information represented in spreadsheets (Excel) are used regularly in commercial litigation, they are electronically generated and you must know how to use them. Legal and Official Documents: These are documents with formal status, such as contracts, certificates, licenses, and identification documents, whether in paper form or as secure digital records. Currently, our government departments are moving away from paper applications and documents. Formal documents are now created electronically. Depending on the formal document in question, always read the applicable legislation to see what the requirements are to prove the document in court. Hybrid Documents: These documents combine elements of traditional and digital formats, such as scanned documents, digital signatures on PDFs, and electronic health records. The modern definition of a document emphasizes its purpose—recording and conveying information—rather than its form. This broad view accommodates the various ways information is now created, stored, and shared in the digital age. Proof where required In order to prove a disputed digital document, you will need access to the metadata. Metadata is data that provides information about other data. It is essentially data about data, used to describe, organize, and manage the primary data. Metadata is crucial for understanding, retrieving, and managing information efficiently. It is information about the information. It tells you WHO knew WHAT and WHEN. Metadata is used to prove the authenticity of an electronic document, it records information such as date when created, dates when the document was accessed, if there were alterations or additions to the document, the size of the document from production to current date etc. Where you expect a document to be disputed, obtain the metadata and discover it with the document. In seeking admissions from your opponent, first make the metadata available, then request an admission. Here is an exercise: go to the firm’s computer, bring up a file or document; then see if you can find the metadata and note what it says. Learn where to find the metadata and how to use it to prove authenticity. You will not be assessed on this; you are expected to find out how one goes about proving authenticity of an electronic document where the metadata is lost or destroyed. You will be faced with this situation soon enough. Recent Developments in AI The 21st century lawyer cannot afford to lag behind technological advances in legal research and services. We know that software is now used to administer the whole practice, from human resources, document assembly, billing to accounts management. Legal research still requires a lawyer to apply their mind to the facts and the law, apply the law to the facts, and arrive at a reasoned solution. The current AI models cannot do that. However, agentic AI is being developed rapidly and is likely to be available by around 2031. This software will be able to apply reason to legal analysis and come up with possible solutions. ➢ Machine learning and natural language processing have come of age, providing new ways to serve up precise and relevant legal research results. AI is having a decided impact on legal research, and the vast majority of legal research companies are now incorporating machine learning into their platforms. Natural language processing is being used to analyse the search terms and then provide results based on the queries entered along with the past behaviour of the user and other users who have made similar inquiries. ➢ The end goal is to reduce the amount of time that lawyers spend conducting research by providing increasingly relevant results. ➢ AI tools use natural language processing and AI algorithms to identify key phrases from a user’s query and then provide responsive results. ➢ On the LexisNexis front, one new release, ground in AI technology that is of interest and was announced recently is the Lexis Advance AI research assistant, Counsel. This intelligent research assistant makes research more personal, guided and conversational. It does this by transparently tracking a user’s activity in Lexis to provide context and personalized results. Using this information, it creates a map of the user’s activity in the sidebar. ➢ The sidebar includes the user’s step-by-step activity road map, making it easy for the user to easily return to a specific point in the research trail, and the user can search for terms within the sidebar, as well. ➢ One interesting and notable AI-driven feature offered by Westlaw is Folder Analysis, which is driven by the user’s interaction with the search results. During the course of your research, after you have placed a few documents into a folder, the folder contents are analyzed and sorted by issue. Then Westlaw recommends additional cases to you based on the issues identified as a result of the folder analysis (see Nicole Black ‘Lawyers have a bevy of advanced and AI-enhanced legal research tools at their fingertips’ (www.abajournal.com, accessed 2-4-2025). ➢ Here, in South Africa, LexisNexis has launched new AI assisted research tools which complement their research products like LexisNexis PG. It is called Lexis+SA and it combines AI and machine learning which enables the researcher to navigate legal databases in short time. ➢ That law practices will have to deploy AI software in the near future is inevitable. What is AI? It is a term that encompasses a wide field. AI is used broadly to describe the use of computing to replicate tasks done by humans. However, mere automation has moved on to what is known as intelligence augmentation, which reflects a symbiotic relationship between humans and technology. “Humans may have a part in performing the task at hand, but they do so interactively with technology to do it better.” Dr David Harvey. Within the law, software developers have begun to develop technologies that can understand and answer complex questions. LexisNexis and Westlaw are currently leaders in this segment. But note the following: no matter how accurate the search, the lawyer will still have to manually review and reach each search result to finally determine relevance and applicability. You are still expected to apply your own reasoning to the problem. Copying and pasting from search results is not helpful and will confuse your writing. Randomly keying in questions is of no assistance and you might be misdirected. Before you use AI, first understand the legal problem you want to research and understand what outcome you are expecting. Then make sure that the software you choose is researching through relevant and applicable data sets, that is situate the matter within the relevant body of materials. Your research will mostly be within primary sources (Legislation and Case Law). This is a much narrower field and you can carry out more accurate searches. It is not so simple when you seek answers to complex legal problems. The purpose of research is to find an answer to your problem. What has changed is how you conduct research, using AI software. You are still required to apply your mind to every search result to establish that the response is relevant, adds to your existing knowledge and is of assistance towards finding a solution. Otherwise, you will end up collecting a lot of useless information. (at least that has not changed!!) What about AI? Useful Judgements We currently have no rules nor directives about the use of AI and generative AI such as ChatGPT. Other jurisdictions such as the United States are beginning to develop rules about the use of AI. However, we have some recent developments in our courts and some important precedents have been set. These cases involve the careless use of AI in finding judgements to support an argument in court. Two judgements are noteworthy: the first is Mavundla v MEC: Department of Co-operative Government and Traditional Affairs 2025 (3) SA 534 (KZP) ➢ The applicant cited nine cases and seven out of nine did not exist and the other two were incorrect. ➢ The judge found that the citations relied on were AI-generated “hallucinations” which possibly came from using generative AI tools (like ChatGPT). ➢ Naturally, a candidate attorney was blamed. The judge was unimpressed and found the lawyers to be negligent. The lawyers were ordered to pay the costs personally and were reported to the LPC. The second judgement is Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator case number 2025-072038 Gauteng Local Division ➢ Applicant, in an urgent application cited several cases in support of legal submissions, in heads of argument, many of the cases were found to be fabricated and non-existent. ➢ The legal team admitted that the citations were generated by a legal AI tool called “Legal Genius”. ➢ Counsel admitted that the bogus citations were AI-induced “hallucinations”. ➢ The important point is that although the judge accepted that there was no harmful intent, in fact in the argument, the bogus cases were not relied on, the judge found that negligence remains unacceptable. The judge reaffirmed that there is no excuse for failure to verify legal sources. In the Mavundla decision the judge referred to an earlier case of Parker v Forsyth NO (1585/20) [2023] ZAGPRD (29 June 2023) Regional Court , Gauteng Regional Division ➢ The magistrate was faced with a novel point of law and requested the parties to file written lists of authorities. Regarding the legal status of a Body Corporate. The plaintiff’s attorney filed a list of cases, but the defendant’s attorney was unable to locate them anywhere and asked for the source of the authorities. ➢ Plaintiff’s attorneys admitted that the citations were sourced from an AI chatbot, ChatGPT. The court found that the attorneys failed to verify the research. The following is important: “Courts expect lawyers to bring a legally-independent and questioning mind to bear on, especially, novel legal matters, and certainly not to merely repeat in parrot-fashion, the unverified research of a chatbot.” ➢ In this case the court found that the attorneys did not intend to mislead the court and treated the former very lightly. The approach was criticized in Mavundla and in an article by Prof M van Eck “Error 404 or an Error of Judgment? An Ethical Framework for the Use of ChatGPT in the Legal Profession”, (2024) 4 TSAR 469. The author stated: “information produced in response to prompts has been shown to be fabricated or fake, especially when such prompts relate to legal information”. ➢ The court in Mavundla, stated that reference to “relevant authorities” must mean “correct or genuine authority”. Presenting fictitious or non-existent cases most certainly does not constitute giving an honest account of the law. See paragraphs [44] to [51] of Mavundla. What are AI Hallucinations? When an AI generates false, inaccurate, or entirely made-up information that appears plausible or confident. ➢ AI produces content that sounds factual but is not grounded in its training data or reality. ➢ Hallucinations can include fake legal cases or citations. ➢ Hallucinations are hard to detect and outputs can be persuasive and look legitimate unless carefully verified. ➢ Hallucinations can lead to misleading or bogus citations, professional misconduct and legal consequences for negligence. ➢ Hallucination detection tools are available or you can use citation checkers. If you cannot find in all the usual places, it is a hallucination, do not include in your heads of argument. Some Guidance ➢ AI, while a promising tool, is not a replacement for human responsibility and oversight. A lawyer is answerable for their research, arguments, and representations under their core duties to the Court and to their client. These duties continue to hold true when utilizing AI. ➢ Artificial intelligence is a tool that carries with it risks as well as opportunities. Its use must take place therefore with an appropriate degree of oversight, and within a regulatory framework that ensures compliance with well-established professional and ethical standards if public confidence in the administration of justice is to be maintained. The Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities (GN 168 in GG 42337) must be consulted. The Code does not deal with use of AI tools directly, but Section 57 in Part VI of the Code is applicable. ➢ Those who use artificial intelligence to conduct legal research notwithstanding these risks have a professional duty therefore to check the accuracy of such research by reference to authoritative sources, before using it in the course of their professional work (to advise clients or before a court, for example). ➢ There are serious implications for the administration of justice and public confidence in the justice system if artificial intelligence is misused. In those circumstances, practical and effective measures must now be taken by those within the legal profession with individual leadership responsibilities and by those with the responsibility for regulating the provision of legal services. Lawyers must comply with their professional and ethical obligations. ➢ Do not take AI outputs on trust and certainly not at face value. It matters not that the misleading of the court may have been inadvertent, as it would still be considered incompetent and grossly negligent. ➢ AI, while a promising tool, is not a replacement for human responsibility and oversight. A lawyer is answerable for their research, arguments, and representations under their core duties to the Court and to their client. These duties continue to hold true when utelising AI. ➢ All legal representatives are responsible for the material they put before the court/tribunal and have a professional obligation to ensure it is accurate and appropriate. The current AI tools do not produce convincing analysis or reasoning. Read the judgement in: Ayinde v The London Borough of Haringey [2025] EWHC 1383 (Admin) – 6 June 2025 Apply your Mind Using AI does not mean that you found a new source for precedents. You never copy and paste from AI; AI is hardly ever presented with the material facts of your case and is therefore unable to come up with answers that suit the facts of your case. You have to apply your mind to the relevant facts of your case first, then apply your mind to the case law and legislation. It is your reasoning that the judge is looking for and it is precisely your reasoning that will ultimately persuade the judge to find in your favour. Note that AI does not possess insight, and is not good at applying fact to law and making a reasoned submission. A practical suggestion: When you use any of the AI tools, always ask the question simply, clearly and it must be understood only in one way. The response you will get will be more relevant to your research. Artificial intelligence (AI) and the disruptive influence of ChatGPT AI chatbots such as ChatGPT, AI Lawyer, Bing, Bard etcetera cannot give legal advice. It does not have the ability to think in an abstract manner. There is a difference between legal information and legal advice. The idea is for the lawyers to work with AI and not to fear being replaced by it. AI can be used to deal with process work and certain levels of research. Such use can free up time for lawyers to concentrate on providing quality service to the client. ➢ AI cannot perform abstract thinking or transfer knowledge and its application from one area to another. For instance, given a set of facts, AI is unable to work out the probabilities of a particular version. AI can provide rapid data analysis, but problem solving and legal advice requires human intelligence. ➢ AI can be used for automated document assembly, electronic discovery, legal project management, legal process improvement and data analytics. With time you will use these AI-powered tools in your legal practice. ➢ AI is helpful with gathering legal information, but it cannot apply the law to a client’s complex factual and legal circumstances. AI cannot decide what is the best course of action for client, bearing in mind client’s peculiar problem and needs. AI cannot tell a client that it is better to settle, in the circumstances, and not to litigate. AI does not consult with client, you do. ➢ Use your ability to reason, apply logic and come up with a solution that is in the best interests of the parties. Abstract thinking, also known as abstract reasoning, involves the ability to understand and think about complex concepts that, while real, are not tied to concrete experiences, objects, people, or situations. It is much more than merely memorising and recalling knowledge. (Agentic AI is coming) Lawyers can work with AI software to save time, improve efficiency, and leave room to work with clients on a human level. Most, if not all the largest firms in our country, are deploying AI tools in their respective practices. Go and find out what your firm is using and how? E-Commerce The world you are entering involves very little or no paper-based communication and information. Commercial transactions are only conducted electronically. This has had a lasting impact on lawyers and their clients. To this end the Electronic Communications and Transactions Act 25 of 2002 was enacted. (ECT Act) The ECT Act presents the following Key developments, which have become relevant to our daily interactions, both personally and in business, are important: ➢ Legal Validity for Data: Recognizes data messages (emails, SMS, etc.) as legally valid as written documents, allowing electronic signatures to have legal force. ➢ E-Commerce Framework: Sets rules for online transactions, including information disclosure for suppliers and consumer protection, complementing the Consumer Protection Act (CPA). ➢ E-Government Promotion: Encourages the use of electronic services by public bodies and individuals. Like applying for personal documentation, on line. ➢ Cybercrime & Security: Provides frameworks for dealing with misuse of information systems and defines certain cybercrimes. ➢ Digital Inclusion: Aims to promote universal access and use of electronic transactions, especially for small businesses (SMMEs). This act created two important concepts: • Firstly, by creating and defining Data Message. Electronic representation of information generated, sent, received or stored electronically. (e.g., email, SMS, voice in automated systems). • Secondly, by recognising an Electronic Signature. Data attached to or associated with other data, intended by the user to serve as a signature. The act also provides for the registering and use of “advanced electronic signatures”. The object of the ECT Act is described in its preamble, please read it, it is a useful overview of the Act. Then read Section 2, which states the objects of the Act. Some Useful Sections ➢ First, you must read the definitions section. This Act contains words and phrases that are not part of plain English. ➢ Section 4- sets out the scope of the application of the Act. ➢ Chapter III – is the most important part for a practitioner and it pertains to facilitating electronic transactions. You are required to read and understand sections 11, 12, 13, 14, 15, 16, 17, 18 and 22. Please note that you will be assessed on these sections. ➢ Chapter VI – this is important to attorneys and deals with authentication and accreditation. ➢ Chapter VII – this chapter deals with consumer protection. ➢ Chapter VIII- you must be familiar with this chapter as it deals with protection of personal information. By now you must be familiar with POPIA. ➢ CHAPTER XXIII – this chapter deals with Cyber Crime and you must read it. The Case Law The first case that came before the SCA is the Spring Forest case. You must read this judgement; in particular how the court applied Section 13 of the ECT Act. Then follows three more judgements; you are expected to read them. (citations are in your reading list). Cyber Crime Attorneys are expected to be aware of cyber criminals targeting their trust and business accounts. This is done by hackers intercepting and diverting funds as well as “business email compromise”. Read the SCA judgement in: Edward Nathan Sonnenberg Inc v Hawarden 2024 (5) SA 9 (SCA) read the headnote and paragraphs [17], [20] – [21], [25] – [26]. A similar case was dealt with in the Mosselbaai Boeredienste judgement, read this judgement as well. Ismail Hussain SC January 2026

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