Algorithmic Justice in South Africa: Safeguarding Human Rights in AI-Driven Legal Systems

This paper investigated the intersection between emerging algorithmic technologies and the enforcement of human rights within South Africa’s legal system. As artificial intelligence (AI) becomes increasingly integrated into legal processes ranging from predictive policing to judicial decision-making, urgent questions arise regarding the compatibility of such technologies with constitutional protections, ethical standards, and democratic accountability. The study critically examined how AI-driven legal tools may inadvertently entrench existing biases, obscure accountability, or compromise the right to a fair trial, especially for historically marginalised groups. This study drew on South Africa’s constitutional framework, global human rights principles, and a comparative analysis of AI regulation in the EU and Canada to assess how algorithmic systems can operate in a manner that respects and promotes justice, fairness, and transparency. The key focus areas of this study included the risk of data-driven discrimination, the opacity of algorithmic reasoning, and the adequacy of current regulatory safeguards. Through a detailed analysis of case law, journal articles, statutory developments, and technological trends, this study evaluates whether South Africa’s legal and institutional frameworks are sufficiently equipped to manage the risks and opportunities presented by AI. The paper offers normative and policy-oriented recommendations to ensure that algorithmic tools deployed within the legal domain uphold constitutional values, enhance legal accountability, and foster trust in the justice system. The study contributes by proposing a rights-based framework to ensure that AI in South Africa’s legal system upholds justice, accountability, and full regulation of AI.