Phosa warns AI must never replace human judgment in pursuit of justice

Artificial intelligence promises to revolutionize the legal field, but South Africa must avoid relying on machines for justice, according to former ANC treasurer general and constitutional lawyer Dr Mathews Phosa. Speaking at the LexisNexis Future of Law Conference, Phosa stressed that human judgment, constitutional accountability, and ethical responsibility must always take precedence.

While AI can expedite legal procedures, enhance research, and increase access to justice, it also poses significant risks to constitutional rights, personal data, and fairness. Phosa cautioned that AI-generated information could be inaccurate, reinforce historical biases, and expose sensitive information. He advocated for robust safeguards to govern AI's use within the legal system, emphasizing that technology should support human judgment rather than replace it.

Five key principles for AI in law should be accountability, verification, confidentiality, fairness, and inclusion. Citizens must be able to contest AI-driven decisions and seek redress. Reflecting on South Africa's constitutional past, Phosa warned of the perils of powerful institutions operating unchecked, a lesson learned from the misuse of law during oppressive times.

He stressed that law's legitimacy hinges on delivering justice, not merely enforcement. AI should bolster South Africa's constitutional democracy, not jeopardize it. Phosa also warned about cybersecurity and protecting personal data, noting that digital governance extends beyond IT departments to governance, leadership, and public trust.

He highlighted South Africa's institutional shortcomings, including corruption and slow justice administration, as additional hurdles to digital transformation. To address these challenges, Phosa urged the strengthening of judicial, prosecutorial, and regulatory bodies while safeguarding their independence. He cautioned that merely digitizing courts without considering poorer communities' connectivity and digital literacy could exacerbate inequality.

Phosa linked constitutional governance to economic growth, asserting that independent courts, enforceable contracts, and stable regulations attract investment and benefit communities. He encouraged Africa to actively shape international AI and digital rights frameworks, ensuring they reflect African languages, cultures, and developmental needs while upholding constitutional values and Ubuntu.

In summary, Phosa argued that technological advancement should broaden access to justice and uphold the freedoms South Africans fought for, rather than widen the gap between the privileged and the marginalized.