From digitalisation to governance, these trends reflect both global influences and local priorities such as constitutional integrity, anti-corruption measures, and access to justice. They will shape the resilience and relevance of legal practice in the months and years ahead.
Below, we explore the micro, macro, and mega-trends that will steer the future of law in South Africa beyond 2026.
AI-powered legal workflows: South African firms are increasingly adopting AI for contract review and litigation analytics, balancing efficiency with PoPIA compliance. These tools have the potential to reduce turnaround times and improve accuracy in high-volume matters.
The AI “hallucination” problem: Recent judgments such as Parker v Forsyth NNO and Others; Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator & Others; and Mavundla v MEC for Co-operative Government and Traditional Affairs, KwaZulu-Natal, have illustrated the AI “hallucination” problem, wherein fabricated legal authorities were presented during court proceedings in support of key legal propositions. AI tools were used by legal practitioners and these AI tools produced coherent but fictitious citations. Our courts have issued a stern warning that legal practitioners have a duty not to mislead the court, whether by negligence or design.
AI tools may generate plausible but false legal references. Legal practitioners must independently verify all authorities against authoritative and reliable sources.
The misuse of AI in legal practice undermines public confidence in the justice system and may constitute serious professional misconduct. Some key take aways from these judgments include:
Subscription-based legal services: SMEs, startups and even large companies are increasingly preferring fixed-fee models for predictable costs amid economic uncertainty. Subscription-based legal services will continue to create challenges when balancing the demands of customers with sustainability of legal practice.
Virtual hearings and digital case management: Platforms like Court Online (and CaseLines) enable e-filing and virtual hearings, reducing backlogs and improving rural access to justice.
Digital case management and paperless workspace: Cloud-based document systems are replacing paper files, aligning with sustainability goals and Legal Practice Council compliance.
Advanced platforms streamline case tracking, evidence management, and client communication, reducing administrative burdens. These systems require substantial financial and time investments by law firms.
Contingency fee agreements: The recent judgment in De Bod v The Road Accident Fund, wherein the Gauteng High Court made a ruling restricting contingency fees, illustrates the conflict between giving members of the public access to the courts and legal process via contingency fees arrangements, and the risk and reward for legal practitioners to undertake such matters on a “no win – no fee” basis.
The contingency fee agreements regulated under the Contingency Fees Act 66 of 1997, will remain vital for personal injury matters and RAF claims, ensuring access to justice.
Regulatory complexity in emerging tech: The draft National AI Policy Framework and PoPIA compliance are shaping AI governance. Firms must prepare stricter rules on automated decision-making. Our lawmakers need to act with haste to close the lagging gap in our law governing the use of AI.
Globalisation vs. localisation: Companies operating globally must comply with diverse consumer protection laws across multiple jurisdictions. PoPIA-driven data sovereignty will continue to challenge multinationals, requiring harmonized compliance strategies. Tailoring compliance to local consumer protection laws is essential.
Talent evolution: South African firms are investing in tech training for lawyers, creating hybrid professionals skilled in coding and analytics.
Client-centric innovation: Predictive analytics tools help clients mitigate litigation risks proactively, enhancing strategic advisory roles.
Crowdfunding for legal services: Platforms like BackaBuddy and Thundafund enable funding for public-interest litigation and social justice cases.
Climate and ESG litigation: The Climate Change Act and carbon tax regime drive ESG compliance and litigation in mining and energy sectors.
Export of human capital, skills and expertise through immigration: South African legal professionals are increasingly emigrating to pursue global opportunities, driven by demand for specialized skills and competitive remuneration abroad. This trend poses challenges for local talent retention and succession planning, compelling firms to invest in training and flexible work arrangements to remain attractive.
Digital sovereignty and data privacy: PoPIA enforcement intensifies, impacting global firms and local businesses.
AI governance and liability: Legal frameworks for algorithmic accountability are emerging, addressing liability for AI-driven decisions.
Human rights in technology: Debates around biometric surveillance and equitable tech access dominate policy discussions.
Independence of the judiciary: Reforms announced by President Ramaphosa aim to strengthen judicial autonomy and budget independence.
Combatting corruption and upholding rule of law: The National Anti-Corruption Strategy and advisory council reinforce transparency and accountability post-state capture.
High value proposition of South African legal services due to rand devaluation in a global economy: The weakening rand makes South African legal services highly cost-competitive internationally, attracting foreign clients and creating outsourcing opportunities. This trend positions South Africa as a hub for high-quality, affordable legal expertise in global markets.
South Africa’s legal sector is at a watershed moment where innovation intersects with constitutional values and ethical responsibility. Embracing these trends while navigating local regulatory frameworks and societal imperatives will determine the resilience and relevance of legal practice in the years ahead.
Technology offers immense potential, but ultimate accountability rests with legal practitioners. Accuracy, honesty, and diligence remain the cornerstones of advocacy, ensuring that progress and the use of innovative technology does not compromise integrity.
