The legal profession has often had to adapt to change; however, the pace of change today can feel very rapid. The accelerated evolution of technology, driven by artificial intelligence (AI), evolving workplace practices, emerging sophisticated cyber threats, and shifting constitutional and regulatory frameworks continue to impact the environment in which legal practitioners operate.
This month’s issue of De Rebus reflects these developments, bringing together a collection of articles that examine how the law responds to these new realities.
AI appears to dominate discussions across the legal profession, and three contributions in this issue explore its growing influence from different perspectives. Donrich Thaldar, Siphesihle Mbatha, Marietjie Botes and Paul Esselaar write about their revised Ethics Guidelines for Legal Practitioners in South Africa on the Use of Generative AI. They detail how the guidelines evolved through consultation with the profession. Their article shows the importance of viewing AI as a tool. It can potentially enhance legal work, but the responsibility for both legal advice and court submissions ultimately remains with the practitioner.
Madeleine Truter also looks at the impact of AI on the profession. As deepfakes, fabricated citations and legal authorities become more common, the need for careful verification of references is essential.
Her article shows that although technology can support legal practice, it can never replace a practitioner’s judgment or ethical responsibility.
The darker side of technology shows up in MY Ebrahim’s article on cybercrime and payment interception fraud. Electronic transactions are the norm, but without appropriate safeguards, practitioners and clients risk falling victim to sophisticated cybercrime. The article looks at recent Supreme Court of Appeal decisions, in which the court had to consider who bears the loss when banking details are fraudulently altered and payments are diverted. This is a good reminder for legal practitioners to advise their clients of the risk of cybercrime.
Another theme in this issue is the changing nature of work. Hlengiwe Mahlangu writes about the legal implications of employees who create and post workplace-related content on social media. Her article explores the balance between freedom of expression and confidentiality. The risk of reputational harm also poses a challenge to employers who may seek to modernise their workplace policies.
Continuing on this theme of workplace practices, Morris Bevin Sibanda examines the complexities of remote work. Mr Sibanda considers issues around health and safety obligations, working hours, privacy and data security and shows that as the traditional workplace continues to evolve, employers and legislators need to keep pace.
This issue also includes case notes that examine important constitutional and local government developments. Jacques Nieuwoudt analyses a judgment concerning the City of Cape Town’s authority to impose municipal charges linked to property values, raising broader questions about municipal funding and legislative authority. Nomalungelo Zulu discusses a Constitutional Court decision which clarifies the powers of the South African Human Rights Commission. While affirming constitutional boundaries between Chapter 9 institutions, the judgment also asks important questions about effective remedies for vulnerable communities seeking to enforce socio-economic rights.
Although these articles cover diverse areas of the law, they share a common thread. Whether addressing AI, cybersecurity, modern employment practices or constitutional governance, each shows the ongoing challenge of ensuring that legal principles remain up to date in a rapidly changing world. The law should continue to provide certainty and accountability while remaining flexible enough to respond to new technologies and changing societal expectations. For practitioners, staying informed about these developments is an essential part of running an effective legal practice.
Finally, the Law Society of South Africa begins a new chapter with the appointment of Ms Charlene Louw as its Executive Director. Ms Louw brings extensive legal, leadership and executive management experience to the role. On behalf of the De Rebus team, we congratulate Ms Louw on her appointment and wish her every success as she leads the organisation into the future.
Mapula Oliphant NDip Journ (DUT) BTech (Journ) (TUT) is the Editor at De Rebus and the Communications Manager at the Law Society of South Africa.
This article was first published in De Rebus in 2026 (July) DR 3.
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