The move comes after two cases - Mavundlela vs the KwaZulu-Natal MEC of cooperative governance traditional affairs and Northbound Processing vs the SA Diamond and Precious Metals Regulator - were referred to the LPC due to their inappropriate use of generative AI tools.
In both cases, AI used for research "hallucinated" fabricated non-existent case law, which was then cited as precedent to support the arguments presented in court.
LPC deputy chair Llewellen Curlewis told TechCentral that such use of AI amounts to serious misconduct that could lead to legal practitioners being disbarred. The LPC regulates the affairs of lawyers, attorneys and candidate legal practitioners. Its code of conduct must be adhered to by all legal practitioners in South Africa.
"We are busy looking at guidelines or a policy document that we will distribute to all legal practitioners, to which they will have to adhere," said Curlewis. "It's not an easy task to get to the point where we have a uniform approach that can be applied across the board, but we are speaking to experts and we will get IT specialists involved as well."
An October 2024 report by TechCentral highlighted the opposing perspectives by technology experts on AI regulation. Some believe regulation should be limited so innovation and productivity are allowed to flourish, while others say AI should be reined in before it causes irreparable harms to society.