South AfricaProfessional services2025Counsel for Northbound Processing (Northbound Processing v SA Diamond and Precious Metals Regulator)
AI legal research tool used to draft court heads of argument
A Johannesburg court referred Northbound’s lawyers for investigation after arguments prepared with AI cited two non-existent cases
Problem
Northbound Processing sought urgent interim relief to require a regulator to release a refining licence. Junior counsel had little time to prepare.
Approach
Junior counsel used Legal Genius, an online tool marketed as trained on South African legal sources, to help draft the heads of argument. Two cited cases concerning mandamus relief did not exist. The opposing side said the corrected submission still contained two incorrect citations.
Results
Takeaway
A tool marketed as trained on local law still supplied fabricated citations. The acting judge accepted the lawyers’ apologies and found no intent to deceive, but followed the earlier Mavundla ruling in referring their conduct to the Legal Practice Council.
Categories
- Size
- Small business
- Industry
- Professional services
- Business function
- Finance, risk and legalInternal work and knowledge management
- Innovation type
- Process innovation
- AI technology
- Generative AI
- Adoption
- Vendor solution
- Evidence
- Regulator, audit or court
Sources
Source summaries
ITWeb reported that acting judge DJ Smit of the Johannesburg High Court found two fictitious case citations in Northbound Processing’s application against the diamond and precious metals regulator. Junior counsel said he had used Legal Genius under deadline pressure. The judge accepted the apologies and referred the lawyers’ conduct to the Legal Practice Council.
Full details are in the original sources.
