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    Home»Legal»The legal profession should embrace artificial intelligence and use it to make work in the legal profession easier
    Legal

    The legal profession should embrace artificial intelligence and use it to make work in the legal profession easier

    Martin AkumaBy Martin AkumaJuly 4, 2025No Comments15 Mins Read
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    The legal profession should embrace artificial intelligence and use it to make work in the legal profession easier
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    The President of the Black Lawyers Association, Nkosana Mvundlela, at the organisations General Meeting in Gqeberha that was held on 24 May 2025.

    The Black Lawyers Association (BLA) held its National General Meeting (NGM) on 24 May 2025 in Gqeberha under the theme, ‘The Practice of Law in the Era of Artificial Intelligence and the Fourth Industrial Revolution.’ The meeting was attended by various guests and speakers from various legal organisations, judges as well as the Deputy Minister of Justice and Constitutional Development, Andries Nel. The first session of the NGM’s open session was an artificial intelligence (AI) breakfast conversation, featuring a panel comprising of BLA National Executive Committee member Matome Chidi, Chairperson of Advocates for Transformation Myron Dewrance SC, and Kofi Kyei from LexisNexis. The panel was moderated by cyber law expert Professor Sizwe Snail.

    Mr Dewrance said that it is important to embrace AI because internationally in the legal fraternity it is taken seriously. He pointed out that one should not ignore AI and technology. He said that the socio-economic rights enshrined in the Constitution aim to preserve the socio-economic conditions for future generations. He noted that this might be difficult especially in third world countries, however, he said that these countries need to embrace AI and be cognisant that technology and AI are here, and they must be used for the good of the firms.

    Kofi Kyei from LexisNexis spoke about artificial intelligence at the Black Lawyers Association’s General Meeting.

    Mr Kyei said that legal practitioners using AI should always double-check the output, as they remain accountable for the final result. He added that AI will not replace legal practitioners, however, legal practitioners using AI will replace those who do not. He pointed out that the LexisNexis AI tool aims to help practitioners work faster and produce more work. He added that in countries that have launched the LexisNexi AI tool, feedback from legal practitioners shows that it has helped them do more work, serve more clients, and that their business has grown.

    Mr Chidi emphasised the importance of double-checking and fact-checking when using AI. He also added that AI can perform tasks similar to those of a human being, using the ‘read aloud’ prompt in Word as an example of how users can prompt AI to read text aloud. He suggested that AI can be used in courts, adding that it can help save time on matters. He said that legal practitioners should consider using AI for reading, writing and doing research.

    Professor Sizwe Snail was the moderator of the panel discussion on artificial intelligence at the Black Lawyers Association’s National General Meeting.

    During the question-and-answer session, the Secretary General of the National Association of Democratic Lawyers (NADEL), Zincedile Tiya said that AI has its advantages and disadvantages. He added that senior legal practitioners say that junior legal practitioners lack basic skills such as reading, writing, and numeracy. Mr Tiya noted that during COVID-19, the students studying towards an LLB did so with the help of AI. He pointed out that after they had written their competency board exam, they had the highest failure rate. He questioned if there is really a need for AI to be used, to help practitioners with reading, writing and doing research?

    Mr Dewrance responded that one still needs to verify what AI gives you. He said that legal practitioners still have to have the skills. He pointed out that AI is there to transform the way legal practitioners practice law, not to think and to replace legal practitioners. ‘You must still have drafting skills. Drafting is a skill. We need to, as black professionals, focus on leadership skills. We need to have analytical skills. That is what the fourth industrial revolution is all about,’ Mr Dewrance added.

    BLA member Kadafi Lehabe asked Prof Snail whether South Africa (SA) is ready for AI. He spoke about instances where AI can be incorrect, questioned whether SA will introduce laws to regulate AI, and the potential negative impact on AI assistance. Prof Snail responded by saying that AI is very important. He added that embracing technology can make things easier for professionals. However, he added that one should be cautious about not using technology to do the work for them. ‘Let us use AI to make our profession easier but not necessarily to use it to cheat. If you are using AI to do research for you, write for you, that is cheating,’ Prof Snail said. With regard to the law, Prof Snail pointed out that SA is moving in that direction. ‘I don’t think it will happen in the next two to three years. It has taken the Europeans about ten years to come up with their AI law and they are still fighting about it on how to implement it, and where it must apply.’

    Black Lawyers Association’s Head of Legal Education, Matome Chidi was part of the panel discussion on artificial intelligence.

    Black Lawyers Association’s Head of Legal Education, Matome Chidi was part of the panel discussion on artificial intelligence.

    Prof Snail said that cyber law is not a classical source of law, but rather a hybrid law. He added that the introduction of AI has forced legal academics to feature AI under cyber law. ‘In the new cyber law we are writing on, there is a whole section on AI and there is a whole section on e-justice, the use of electronic devices in court proceedings. I think access to information and access to the Internet should be a right. Our government must see to it that it is in line with our right to access and to bridge the digital divide,’ Prof Snail added. 

    Messages of support

    On behalf of the Acting Judge President of the Eastern Cape, Judge Gerald Bloem spoke about the shortage of judges in all the divisions. He pointed out that in his division they have a shortage of judges, especially black female judges. He added that the profession bears the responsibility of identifying practitioners who show potential of being judges. ‘We need judges to serve our people. The terrain has changed. We need people who understand people’s needs, to serve those people. We do not have people coming through,’ Judge Bloem said that. He advised the members of the BLA to go through their structure if they are interested in handing in their CV, and refrain from going straight to the judge presidents in their individual capacity.

    Judge Bloem also spoke about how legal practitioners address the courts. He said that things are not looking good. He pointed out that there has been a regress and added that it is his thinking that legal practitioners put money first. Money is all they think about. He said practitioners must take their work seriously and not deteriorate in the work they do. ‘We have a duty as black lawyers not to have a finger pointed at us for the work we do. Let us be proud of what we do and the service that we deliver to our people,’ Judge Bloem noted.  

    Judge of the Eastern Cape Division of the High Court, Gerald Bloem, spoke on behalf of the Acting Judge President of Eastern Cape Division of the High Court, at the Black Lawyers Association General Meeting in Gqeberha.

    Mr Tiya delivered a message of support on behalf of NADEL. He said that in the pursuit of justice and in the defence of the vulnerable and in the unwavering commitment to uphold the rule of law, the BLA stands as a pillar of strength with freedom and integrity. He added that the organisations dedication to fairness, accountability and protection of human rights is not only formidable, but it is essential. Mr Tiya said that the BLA, as a progressive force in law, navigates challenges with resilience, advocates with conviction, and inspires those who will follow in the organisation’s footsteps. ‘Your efforts contribute to a legal system that seeks not only justice but also empowerment of all who rely on it. Know that you are seen, valued and simply appreciated. The path may not always be easy but together we rise stronger, bolder and more determined than ever,’ Mr Tiya noted.

    Mr Tiya also touched on burning issues that he says needs the intervention of progressive legal practitioners. He mentioned legal education, access to the legal profession, work for small law firms, and briefing patterns for black legal practitioners and black conveyancers.

    In his message of support, Mr Dewrance said at the previous BLA meeting he attended there were talks of unity, irrespective of the fact that the legal profession is a split profession of attorneys and advocates. He added that in these talks of fusion, the legislature has decided that it is important that the split profession should stay and the common law preserved. However, he said the AFT has maintained its unity with the BLA and NADEL. He pointed out that they are collaborating on the Legal Sector Code matter. He spoke on other issues, noting ongoing issues of transformation. He said that this is not something that will be achieved overnight. He added that legal practitioners need to recognise their professional responsibilities and enhance their skills. He emphasised the importance of continuous legal education. Mr Dewrance said that they will work hand in hand with the judiciary to empower legal practitioners to send efficient members to the bench.

    The General Secretary of the South African Women Lawyers Association, Zodwa Maluleke, spoke at the Black Lawyers Association General Meeting.

    General Secretary of South African Women Lawyers Association (SAWLA), Zodwa Maluleke, said her organisation appreciates the relationship the BLA has established with SAWLA, which also appreciates the collaborations they have worked on together. She encouraged the BLA to continue supporting female legal practitioners and having women representatives in leadership structures.

    The Vice President of the Law Society of South Africa, Machini Motloung, in his message of support to the BLA, said the organisation’s commitment to the radical transformation of the legal profession makes it a vanguard and a beacon of hope. He added that the BLA embodies the pursuit of justice and equity, serving as both a shield and sword for the ordinary people of SA. He added that the LSSA did not attend the meeting as mere spectators, but as partners in purpose and equals in the fight for access to justice, legal transformation, and the elevation of shared relations. He pointed out that what binds all the LSSA’s constituent members is more than shared ideas. ‘It is our collective commitment to the realisation of justice through action,’ Mr Motloung added.

    The Vice President of the Law Society of South Africa Machini Motloung delivered a message of support at the Black Lawyers Association General Meeting in Gqeberha.

    Mr Motloung noted that action in this era requires all the LSSA’s constituent members to embrace, align and understand the paradigm shift in forces in the legal profession, such as AI, advanced technologies and the fourth industrial revolution. Mr Motloung also spoke about issues that the profession needs to address. He pointed out that the mandate as members of the organised profession is to lobby government on crucial issues that are of interest to the legal profession and the public. ‘We need to actively engage the department of communications and digital technologies, as well as the department of justice, so that we are part of the development policies around cyber laws in our country,’ Mr Motloung added.

    Mr Motloung pointed out that the legal profession is at a pivotal moment. A moment where the legal profession confronts transformation through the dual forces of AI and the fourth industrial revolution. He said that the theme of the meeting calls for meaningful engagement with the opportunities and challenges that will inevitably redefine legal practice.

    State legal reforms and the Legal Sector Code

    Deputy Minister of Justice and Constitutional Development, Andries Nel, in his address to the BLA, referred to what he described as two distinct yet highly interrelated interventions by the democratic state. The first relates to how the state manages litigation and legal services. The second concerns the transform of private legal services. Mr Nel said that in 2014, the State Attorney Act 56 of 1957 was amended to create the position of Solicitor-General in order to be the executive officer of all offices of State Attorney and to exercise control, direction and supervision over all offices of State Attorney.

    The Secretary General of the National Association of Democratic Lawyers, Zincedile Tiya at the Black Lawyers Association General Meeting.

    He added that the Solicitor-General does so, among others, by standards and directives that must be observed by all persons appointed in the offices of State Attorney. The following six policies have been approved by Cabinet:

    • The Alternative Dispute Resolution State Mediation Policy.
    • The Briefing and Outsourcing of State Legal Work Policy.
    • The Policy on Management of State Litigation Contingent Liability Policy.
    • The State Legal Representation Policy.
    • The Management of State Litigation Policy.
    • The Initiating, Defending and Opposing of Matters on Behalf of the State Policy.

    Mr Nel focused on the Briefing and Outsourcing of State Legal Work Policy. He said that the policy seeks to transform the legal sector in order to give effect to the objectives of the Constitution, and to promote effective and sustainable economic participation of all in the economy of the country in general, and the legal profession in particular. He gave statistics on the briefing work that the states have given out, which can be found on the department’s website. He added that the department is acutely aware of the outcry that lucrative state work still goes to the big five law firms. ‘This issue is receiving focussed attention. In this regard, the Legal Sector Code aims to transform the legal profession to ensure meaningful participation of black people in the economy, particularly in the legal sector,’ Mr Nel added.

    Mr Nel pointed out that the objective is to create a sustainable and inclusive legal profession, addressing the unique features of the legal industry through targeted policies and frameworks. The Code is designed to bring about meaningful change by focusing on several key areas, including –

    • ownership and management transformation;
    • skills development;
    • supplier and enterprise development; and
    • Legal Sector Transformation Fund.

    Mr Nel said that the important feature of the Code is the establishment of the Legal Sector Transformation Fund, aimed at providing financial support to black legal practitioners and promoting transformation across the sector. He added that the Code introduces specific turnover thresholds to classify legal practices based on their annual revenue, which determines their Broad-Based Black Economic Empowerment (B-BBEE) compliance requirements.  

    The Deputy Minister of Justice and Constitutional Development Andries Nel delivered the keynote address at the Black Lawyers Association National General Meeting on 24 May 2025.

    Mr Nel said that law firms with an annual revenue of up to R5 million (for attorneys) and R3 million (for advocates) are considered an Exempted Legal Entity (ELEs). He pointed out that these firms are exempt from full B-BBEE measurement and only need to submit a sworn affidavit confirming their revenue and black ownership status. ‘Law firms with an annual revenue above R5 million but not exceeding R25 million, and advocates earning between R3 million and R15 million, are classified as Qualifying Small Enterprises (QSEs). QSEs are subject to B-BBEE measurement but benefit from simplified scorecards and requirements. Firms with revenue exceeding R25 million (for law firms) or R15 million (for advocates) are considered large entities and are required to comply fully with all elements of the Legal Sector Code scorecard, including ownership, management control, skills development, and enterprise and supplier development.

    Chairperson of Advocates for Transformation, Myron Dewrance SC delivered a message of support at the Black Lawyers Association General Meeting.

    These new thresholds ensure that smaller legal entities can comply without undue burden, while larger firms are expected to play a more significant role in driving transformation in the sector,’ Mr Nel said.

    The Legal Sector Code is currently challenged in court by Norton Rose Fulbright attorneys and the following intervening parties joined in support of Norton Rose: Bowman, Webber Wentzel, Werksmans, and AfriForum.

    The following parties have joined in as respondents to support the Department of Trade, Industry and Competition (DTIC): Advocates for Transformation, African Legal Professionals Association, Basadi ba Molao Education and Trading Services, Black Conveyancers Association, BLA, General Council of the Bar South Africa, NADEL, Pan African Bar Association of South Africa and SAWLA.

    Speaking about community service, Mr Nel said that the department is consulting with the Legal Practice Council on the draft regulations for the rendering of community service. ‘We call upon BLA to be at the forefront of supporting community service. We also encourage members of the profession, and BLA in particular, to come forward and serve as commissioners for small claims courts. This is perhaps one of the most important and satisfying ways in serving your community on a voluntary basis, free of charge and most often to those that do not have the financial means. It is also one of the community services provided for in the Legal Practice Act.’

    Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.



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