Mmamoloko Kubayi Urges South Africa to Build AI Around Local Realities
Devdiscourse News Desk|Pretoria|Updated: 10-07-2026 18:51 IST | Created: 10-07-2026 18:51 IST
- Country:
- South Africa
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Justice and Constitutional Development Minister Mmamoloko Kubayi has warned that artificial intelligence systems developed using mostly foreign data could reinforce racial bias and fail to deliver fair outcomes in South Africa unless they reflect the country’s history, languages and constitutional values
Speaking at the University of Johannesburg’s AI and the Law conference, Kubayi said artificial intelligence has the potential to make legal services faster, more affordable and accessible, but warned that the same technology could deepen inequality if it is introduced without transparency, accountability and locally relevant data
Foreign-trained AI may overlook South Africa’s realities
Kubayi said many of today’s AI systems are built using datasets from North America and Asia, leaving African languages, archives and cultural experiences largely absent from the technology that is increasingly being used across different sectors, including the legal profession. She explained that this lack of African data contributes to algorithmic bias and data poverty, resulting in practical challenges such as poor translations for African languages and systems that fail to understand local social and historical contexts.
According to the Minister, the greatest concern for South Africa’s justice system is the possibility of relying on AI tools that have no understanding of the country’s apartheid history and the constitutional commitment to equality and social justice. She argued that technology cannot contribute to a fair legal system if it ignores the experiences that have shaped South African society
AI could transform access to justice
Despite her concerns, Kubayi said artificial intelligence offers significant opportunities to improve the delivery of legal services and expand access to justice for millions of people. She noted that high legal costs, lengthy court delays, limited legal services in remote communities and shortages of legal practitioners have prevented many South Africans from accessing the justice system
AI-powered tools, she said, can automate repetitive legal work, strengthen legal research, assist with drafting documents, support dispute resolution and provide predictive legal analysis. These capabilities reduce the time required to complete legal tasks while lowering costs, making legal services more affordable and accessible. Kubayi said these advances could help remove many of the barriers that have historically prevented vulnerable communities from obtaining legal assistance
Universities urged to shape responsible AI
The Minister reminded delegates that South Africa’s Constitution was designed to heal the divisions created by apartheid and promote a more just society. She questioned whether technology developed without South Africa’s historical and social context could truly support those constitutional goals
Kubayi warned that if biased AI systems become embedded in the justice system, the country could unintentionally replace historical forms of discrimination with digital versions of the same inequalities. She called on universities and researchers to help answer the difficult legal and ethical questions surrounding artificial intelligence while ensuring future AI systems contribute to sustainable development, good governance and equal access to justice. The Minister said she looked forward to the conference’s recommendations, expressing hope that its discussions would help guide the responsible use of AI in South Africa’s legal system and support the country’s constitutional vision.
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