The Influence of ChatGPT-generated Data on the Administration of Justice in South Africa

Abstract

ChatGPT, as a medium for South African legal practitioners to conduct legal research, is a threat to the courts and the administration of justice. ChatGPT has become a manipulative tool that deceives legal professionals. For instance, the chatbot has generated false or misleading legal documents. The information generated by ChatGPT not only misleads the court but also misleads legal practitioners who use the information without verification. Failing to verify the information generated by ChatGPT means that legal practitioners could be found guilty of committing the common-law crime of perjury, especially when a legal practitioner presents incorrect information during court proceedings. This article examines the cases of Mavundla v MEC: Department of Cooperative Governance and Traditional Affairs and Others; Michelle Parker v Amanda Forsyth NO and Others and Roberto Mata v Avianca to illustrate the impact of ChatGPT-generated information on the courts and the administration of justice. The article also refers to various methods and guidelines that South African legal practitioners can use to verify the accuracy of information produced by ChatGPT. Furthermore, the article examines existing codes of conduct and suggests sanctions that can be used when incorrect or biased information is presented in court. In conclusion, the article suggests that the EU AI Act is a framework South Africa can consider when developing its legal guidelines for artificial intelligence.