Journal of Digital Technologies and Law (Dec 2023)
Digital Transformations of the South African Legal Landscape
Abstract
Objective: South Africa is a country with great potential for intensive development due to the active growth and adoption of digital technologies. The rapidly emerging digital landscape is transforming the legal framework, which in turn influences the digital environment. This transformative relationship determined the focus of the research, which is to identify the legal system adaptability under dynamic changes, as well as the legal landscape evolution under digitalization and technological progress.Methods: the study of the changing legal landscape required an interdisciplinary approach that combines legal analysis with ideas from sociology, economics, etc. In doing so, the formal-legal method was used to examine the key legal instruments shaping South Africa's digital environment and providing the opportunities and challenges of the interaction between digital technologies and South African law.Results: the paper provides insights into how the South African legal system is addressing digital challenges; assesses the integration of digital innovations into the legal system; highlights the transformative impact of digital technologies on traditional legal processes, including collecting evidence, dispute resolution and access to justice. Finally, it evaluates the role of digital technologies in making legal processes more efficient.Scientific novelty: the study contributes to the ongoing debate on the complex relationship between digital technologies and South African law. It shows how South African law is coping with digital complexities and substantiates new insights into the transformation of the traditional legal paradigm as a result of digitalization, as well as its implications for legal proceedings and access to justice. By delving into the adaptations, challenges and innovations arising at the intersection of law, technologies and digitalization, insights are gained into how South African law navigates the dynamic digital landscape.Practical significance: adapting the legal landscape to digitalization and technological advances is critical to ensure rapid technological progress. It also requires collaboration between government agencies, civil society, experts in law and technology. The study provides valuable recommendations and suggestions for policymakers, legal practitioners and stakeholders shaping South Africa's legal ecosystem. The author addresses the challenges of ensuring personal data privacy, enhancing electronic interactions, and countering cybercrime. The importance of introducing technological achievements while maintaining robust legal safeguards is emphasized.
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