AI Must Support, Not Replace, Human Judgment in Justice: Andries Nel

While highlighting the need for caution, Nel acknowledged that digital technology is already making South Africa's courts more efficient.

South Africa's justice system should embrace digital innovation without losing the human values that define fairness and accountability, Deputy Minister of Justice and Constitutional Development Andries Nel said at the Lex-Informatica 2026 Conference in Pretoria.

Addressing legal professionals, policymakers and technology experts, Nel said artificial intelligence (AI) has the potential to modernise the justice system, though it cannot replace the judgement, ethics and empathy that legal practitioners and judicial officers bring to their work. He said technology should strengthen the administration of justice while leaving final responsibility for legal decisions in human hands.

Human values remain at the heart of justice

Nel explained that AI can analyse legal precedents, process large volumes of information and assist with research, yet it cannot understand the emotional, moral and social dimensions involved in delivering justice.

He noted that machines cannot appreciate the fear experienced by a witness, the vulnerability of a child or the dignity of an accused person. They also cannot accept responsibility for judicial decisions or uphold the ethical duties expected of legal professionals.

To underline the risks of over-reliance on AI, Nel referred to the Mavundla v KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs case, where lawyers submitted legal arguments containing fictitious case citations generated through AI tools. He said the incident demonstrated why every AI-assisted document must be carefully verified before being presented in court.

Digital tools improving court efficiency

While highlighting the need for caution, Nel acknowledged that digital technology is already making South Africa's courts more efficient.

He pointed to the Court Online system, which enables electronic filing and management of court documents. The platform has reduced the movement of paper files, improved access to case information, minimised the risk of lost records and allows multiple authorised users to work on the same case file simultaneously.

According to Nel, these improvements are helping law firms, litigants and court officials process cases more efficiently while reducing dependence on paper-based systems.

Building an inclusive digital justice system

Nel stressed that the move towards digital justice should not leave vulnerable communities behind. He warned that people living in rural areas, older citizens and economically disadvantaged groups could face barriers if digital services are introduced without adequate support.

He called for greater use of predictive analytics, automation and evidence-based policymaking to improve access to justice while strengthening transparency and public trust. At the same time, he urged government, the legal profession, academia, businesses and civil society to work together to ensure that technological progress remains aligned with constitutional values and the protection of human rights.

Concluding his address, Nel said the goal is to build a justice system where innovation enhances, rather than replaces, humanity, ensuring that technology serves people while reinforcing the rule of law.