Govt implored to develop AI legal policy after Supreme Court ruling

 

Ivan Zhakata

Herald Correspondent

The Media Institute of Southern Africa (MISA) Zimbabwe chapter has implored the Government and the Law Society of Zimbabwe to develop a policy framework governing the use of Artificial Intelligence (AI) in the legal sector following a landmark Supreme Court ruling that nullified AI-generated legal submissions.

The call follows the Supreme Court judgment in the case of Pulserate Investments (Pvt) Ltd vs Andrew Zuze and Others (SC202/25) where the Court declared invalid legal submissions prepared with the help of AI that contained fictitious case citations.

A bench comprising Justices Susan Mavangira, Felistus Chatukuta and Hlekani Mwayera dismissed Pulserate Investments’ appeal after finding that the appellant’s heads of argument filed by Professor Welshman Ncube included 12 non-existent cases generated by AI.

The Court ruled that the defective submissions carried no legal weight and could not be salvaged, ordering the company to pay costs.

The ruling came after Advocate Thabani Mpofu, representing Andrew Zuze, challenged the credibility of the submissions.

Prof Ncube later wrote to the Court apologising for the error, explaining that the flawed research had been conducted by a graduate assistant who relied on AI tools without verification.

In a statement, MISA Zimbabwe said the case exposed the dangers of using AI without proper oversight and verification in legal research and drafting.

“The case underscores the importance of vigilance, meticulous verification, fact-checking, accountability and the strategic necessity of humans in the loop when adopting emerging technologies in legal practice,” reads the statement.

The organisation said that while AI offers opportunities to enhance legal research, improve judicial efficiency, and expand access to justice, its unchecked use could “seriously compromise the integrity and accountability of the legal sector.”

“AI must support, not replace, human judgment and ethical reasoning in legal research,” reads the statement.

MISA Zimbabwe called on the Law Society of Zimbabwe and other relevant stakeholders to establish clear guidelines or a policy framework governing the responsible use of AI in the legal profession.

“The framework should be grounded in principles of accountability, transparency, fairness, and mandatory human oversight, ensuring alignment with constitutional values and the rule of law,” reads the statement.

MISA further noted that the development would test the Zimbabwe National AI Strategy 2026–2030, which seeks to define the country’s approach to the adoption and regulation of AI technologies.

“This will test how the national AI strategy defines the country’s risk appetite in the development, adoption and deployment of AI solutions permeating through the entire architecture of society.”

The ruling sends a strong warning to practitioners about the need for professional diligence and human oversight when using emerging technologies, stressing that unverified AI research has no place in court proceedings.

 

 

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