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Labour Court lambasts CCMA commissioner for relying on AI hallucination

Commissioner Menzi Fakude relied on a judgment that does not exist.

The Johannesburg Labour Court has criticized the CCMA commissioner Menzi Fakude for utilizing a non-existent judgment, potentially generated by AI, to allow six former South African Post Office employees to file unfair dismissal claims. Acting Judge Sean Snyman declared Fakude's decision void as it was ruled unlawful. The court found that Fakude relied on AI without confirming its accuracy, a serious breach of legal ethics.

Fakude had cited a non-existent judgment to justify his decision, which contradicted established laws and business rescue protections. The judge further emphasized that the use of AI by legal professionals is increasingly criticized, and a zero-tolerance approach should be adopted to prevent such legal mishaps.

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