I know that I said that my next post would be on the subject of eDiscovery technology solutions currently available in SA but I think this takes precedence.
On Saturday 4th March I am flying to JHB to meet the High Court Committee of the Rules Board of the DOJ in SA to present and discuss with them the proposed changes to the Rules of Discovery here as submitted in a formal proposal by myself and LSSA. Those who know me well are aware how much work, time and effort I have put into this thus far and I have said that I consider this meeting to be the most important in my entire business life. Of course, I cannot predict the outcome but this is the first time anyone has attempted to convince the Rules Board to bring SA in line with other jurisdictions across the world. So far all of my efforts and the formal proposal has been received with great interest and extremely sensible and responsible comment by the Board. I am asked to focus on the technical technology and application and specifically explain the reasoning and effect of the proposed changes for the purposes of translation into the rules of procedure. Just to be absolutely clear, the proposals do NOT replace the existing discovery rules and mechanism with new ones, rather they add the option of new rules in appropriate cases
This is potentially ground breaking and game changing for South Africa; its law firms; Advocates; Judges; litigation-prone corporations and service providers.
I have done all I possibly can to inform and educate as many as possible over the last 2 years and I have many well-wishers and supporters from within the legal community and beyond. A positive outcome will change the way that many deal with certain litigation cases. It would be a change that would affect all litigation practitioners across the country. It would be a change which would affect all litigation support service providers in SA and it could well attract more to these shores.
All of that being the case, it is a little surprising at the silence from some quarters. Having said that, I have witnessed this before in the UK more than 10 years ago when, clearly, many felt it simply would not happen or buried their heads in the sand hoping it would not. Well, it did and if I, the LSSA, numerous law firms and lawyers in SA have anything to do with it, then these changes will happen here in SA. Contact me if you require further information.