IMPACTS OF ARTIFICIAL INTELLIGENCE IN TANZANIA’S LEGAL SYSTEM

Artificial Intelligence (hereinafter referred to as “AI”) can be loosely referred to as the technology that makes it possible for computers and/or machines to imitate and/advance human intelligence as well as their problem-solving skills. AI is a growing concept worldwide and it has revolutionized various sectors globally, including the legal sector. This article will explore both the positive and negative impacts of AI’s integration into Tanzania’s legal system.

Positive impacts of AI in Tanzania’s legal system.

AI offers a range of benefits that has the potential to significantly improve Tanzania’s legal system.

The introduction of AI in the Judiciary could assist in achieving its overall objective of access to justice for all, in a timely manner. For instance, as of February 2024, certain courts in Tanzania have incorporated AI in their court transcriptions and translations system. It is expected that, this technology will be able to record as well as translate the recording in either Kiswahili or English reducing the time spent by judicial officers to transcribe Court proceedings.

AI also boosts the efficiency of various parts of the legal system by assisting with tasks such as:  document review as well as case management. This technology allows legal practitioners to focus on other pressing matters such as research and review which can lead to both faster case resolution and reduction of costs.

Another positive impact is that AI has made the whole concept of legal research easier. Before the advent of AI in the legal system, locating case laws (precedents) and legislation involved a laborious process of going through multiple printed physical documents, which in many instances are not arranged in a particular order in terms of subject matter, level at which a particular decision was made and/or when a particular case been referenced, but with AI, this process can be done in a significantly shorter period of time.

AI provides innovative tools that can be used by both law students and legal practitioners in the learning and training process. These tools include personalized learning platforms that enhance the learning experience and prepare individuals for the complexities of modern legal practices.

Negative impacts of AI in Tanzania’s legal system.

Despite its benefits, the integration of AI into Tanzania’s legal system comes with notable challenges.

Since AI systems operate based on data fed into it, it can lead to it being unreliable when giving out legal advice or assistance. This may result in lack of accountability, for instance, if one is to seek a legal opinion through an AI platform, then that particular legal opinion cannot be attributed to a particular legal practitioner who is accountable for what is opined upon.

Absence of accountability is also another negative impact of AI. Legal opinions rely on legal practitioners’ experience and understanding of case specificity which AI cannot replicate. Furthermore, in matters such as mediation, negotiation, litigation and building rapport with other Counsel are developed through practice, experience and not automation. This absence of accountability could lower the quality of legal outcomes.

There is also a risk of plagiarism as AI may intentionally or unintentionally copy existing content without proper acknowledgement hence undermining credibility. This can cause damage to the legal system and harm the reputation of the legal sector in general.

Another negative impact of AI is that it could lead to job displacement. Due to the fact that AI can perform the tasks more effectively and in a shorter period as compared to a legal practitioner, this would make an employer invest into that platform because it is effective, quick and also cost friendly which would result in many legal practitioners being out of jobs.

The Regulatory Landscape.

As of the date of this article, Tanzania does not have specific legislation that regulates the use or misuse of AI. However, several existing laws and regulatory bodies impact the development and use of AI technologies, such as: -

  • The Personal Data Protection Act, Chapter 44, Revised Edition of 2022: this law governs how personal data should be collected, processed, stored and transferred hence impacting AI systems that handle personal information.
  • The Cybercrimes Act, 2015 (Act Number 14 of 2015): this act addresses cybercrimes and provides a framework for dealing with issues that are related to unauthorized access and data breaches.
  • Tanzania Commission for Science and Technology: this commission is responsible for monitoring and coordinating all activities relating to scientific research, technology development and innovation and with AI being in that category the commission is responsible for it and it has managed to do so through the National Science and Technology Policy for Tanzania that provides for the institutional/legal framework.
  • The Personal Data Protection Commission: this commission was established in May 2023 following the enactment of the Personal Data Protection Act, Chapter 44, Revised Edition of 2022. The commission is responsible for overseeing matters related to personal data, including its use in AI. AI systems that handle personal data are subject to the commission’s authority. However, the regulations that specifically address AI matters are still being developed as Tanzania advances its framework for AI governance.

In conclusion, the emergence of AI into Tanzania’s legal system promises great achievements however, there are still challenges that must be addressed. Even though the current laws and regulatory bodies provide an existing foundation, the enacting of specific laws and regulations governing AI could help mitigate the risks that come with its implementation while ensuring that its benefits are fully realized in a fair and effective way.

Bablo Ali Lubnan – Legal Intern.

Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our consent is sought and explicitly obtained in writing.