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

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

Bulelani Thukuse & Paul S. Masumbe

Issue: Vol.6 No.15 Article 12 pp. 4369 – 4379
DOI: https://doi.org/10.38159/ehass.202561512| Published online 30th December, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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ABSTRACT

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.

Keywords: Algorithmic Justice, Artificial Intelligence, Human Rights, Legal Technology, South African Constitution, Legal Accountability, AI Regulation.

BIBLIOGRAPHY

South African Legislation

Constitution of the Republic of South Africa, 1996.

Criminal Procedure Act 51 of 1977.

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Mavundla v MEC Department of Co-Operative Government and Traditional Affairs and Others (7940/2024P) [2025] ZAKZPHC 2 (8 January 2025).

Parker v Forsyth NO and Others (Regional Court, Johannesburg, Gauteng) unreported case no 1585/20 (29 June 2023), reported as Parker v Forsyth NO and Others [2023] ZAGPRD 1.

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European Convention on Human Rights, 1950.

European Union Artificial Intelligence Act (EU AI Act), 2024.

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ABOUT AUTHOR(S)

Bulelani Thukuse (LLB) (LLM Candidate) School of Law, Faculty of Law, Humanities & Social Sciences, Walter Sisulu University, South Africa. He also serves as a reviewer for the South African Journal of Agricultural Extension (SAJAE). His research interests cut across International Criminal Law, Human Rights Law, and Labour Law, particularly issues relating to minimum wages as well as selected aspects of Private Law.

Professor Paul S. Masumbe (LLD) is Associate Professor and Head of School of Law, Walter Sisulu University. He is external examiner for masters and doctoral degrees in law at various universities, reviewer and editorial board member of local and internal journals. His research interests include International Criminal Law, Human Rights Law, Labour Law with emphasis on dismissal, and selected areas of Private Law.

TO CITE ARTICLE

Thukuse, Bulelani, and Paul S. Masumbe. “Algorithmic Justice in South Africa: Safeguarding Human Rights in AI-Driven Legal Systems,” E-Journal of Humanities, Arts and Social Sciences 6, no. 15 (2025): 4369 – 4379, https://doi.org/10.38159/ehass.202561512.