eDiscovery in SA - Uniform Rules and Sections 14 & 15 ECTA 2002 are hopelessly out of date

When commenting on one of my latest updates, one of my longest standing industry friends, Jonathan Maas, wrote in his regular blog recently “….South Africa will be one of the last common law jurisdictions to begin developing legal procedure and jurisprudence in relation to eDiscovery….”. 

Sad state of affairs but very true and all of my readers know how much effort I have put into this over the last 3 years or more. I hope to have more news before the end of the year as I am the eternal optimist, but meanwhile I want to take another look at how discovery and/or eDiscovery is currently being handled in SA.

eDiscovery in SA - Significant development on Discovery Rules change

Every country that has adopted eDiscovery into its civil procedure rules has found the support of a Judge or a number of Judges. Indeed in many jurisdictions, members of the judiciary have been drivers or extremely instrumental in the changes. We have not had that luxury or benefit here in SA, relying solely on committees or sub-committees within the Rules Board, which are, at best, part time people who meet infrequently.

eDiscovery in SA - Does spoliation and proportionality have any relevance to eDiscovery?

I could begin and end this post very quickly by simply answering the title question, “Probably very little…. at the moment”. However, that would serve little purpose as these two subjects are extremely relevant to eDiscovery elsewhere in the world and therefore should be noted carefully here in SA by law firms, their clients, and service providers alike.