The traditional court system has not undergone a transformation in its mode of operation. The present proceedings, from dressing to conducting hearings, reflect issues leading to lengthy processes in seeking justice. To address this, I have coined “The digital parallel society theory,” which states that progress and reality are mirrored in societal living conditions. This theory highlights the importance of identifying our society’s lifestyle when conducting observation, which reveals that the court system remains stuck in the 1909 era, historically traced back to South Africa’s previous constitutions.
Some argue that the 1994 constitution was a turning point, but it mainly focused on legal aspects, such as provisions implementation and separation of power. I want to emphasize procedural aspects of the court system rather than policy and provisions. South Africa’s legal system is largely influenced by Roman-Dutch law and English law, and our practices imitate English law proceedings.
However, factual technology has advanced significantly, leaving the court system lagging behind due to inadequate adaptation to modern business practices. The pandemic expedited transformation in South Africa’s judiciary, but technology’s full potential is not utilized, with only some regions heavily relying on tools like visual proceedings, online courts, and caseline.
The main cause of delayed justice lies in human errors and capacity limitations. To address this, civil proceedings must embrace technological advancements, reducing errors and expediting the process. The emphasis on alternative dispute resolution should be integrated into the court system’s hierarchy. I firmly believe that adopting technology in civil proceedings is the primary solution for transforming the court system, cutting costs, reducing waiting times, and expediting proceedings if executed correctly.
The main cause of delayed justice lies in human errors and capacity limitations. To address this, civil proceedings must embrace technological advancements, reducing errors and expediting the process. The emphasis on alternative dispute resolution should be integrated into the court system’s hierarchy. I firmly believe that adopting technology in civil proceedings is the primary solution for transforming the court system, cutting costs, reducing waiting times, and expediting proceedings if executed correctly.
Alternative dispute resolution is a key approach, reducing waiting times and human errors, leading to a more efficient court system. Criminal proceedings can follow suit once the civil proceedings set the correct example. I hold the view that the judiciary’s primary obligation is to find justice, which must be fair and accurate. Relying solely on human capacity and traditional advisory methods poses problems.
In conclusion, artificial intelligence offers the key to conducting justice in a way free from human biases. The court system must actively embrace technology and alternative dispute resolution to ease the burden of excessive cases and allow judges to focus effectively on matters.
