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Jacques Matthee, Senior Lecturer, University of the Free State

AI in the courtroom: the dangers of using ChatGTP in legal practice in South Africa

A South African court case made headlines for all the wrong reasons in January 2025. The legal team in Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others had relied on case law that simply didn’t exist. It had been generated by ChatGPT, a generative artificial intelligence (AI) chatbot developed by OpenAI.

Only two of the nine case authorities the legal team submitted to the High Court were genuine. The rest were AI-fabricated “hallucinations”. The court called this conduct “irresponsible and unprofessional” and referred the matter to the Legal Practice Council, the statutory body that regulates legal practitioners in South Africa, for investigation.

It was not the first time South African courts had encountered such an incident. Parker v Forsyth in 2023 also dealt with fake case law produced by ChatGPT. But the judge was more forgiving in that instance, finding no intent to mislead. The Mavundla ruling marks a turning point: courts are losing patience with legal practitioners who use AI irresponsibly.

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