Firstly, a very happy, safe and healthy new year to everyone. SA seems to be coping better than anticipated with Omicron and maybe we will move closer to a normal life this year. Meanwhile, SA is suffering so badly with increased poverty, unemployment, crime (including arson on our Parliament building) and corruption. The last of these is huge news with the first part of the Zondo Commission on State Capture report being released. You do not have to read all of the near 900 pages to see immediately that identifiable investigations and prosecutions MUST ensue. It is what we all thought, but to see confirmation and evidence already available, is compelling. The big questions now for the sake of this country is will we see in depth investigations proceeding with a view to prosecutions and will it happen this year? My view is that it must. Our people need and deserve to see some action as they have suffered most from the billions of Rand that has been embezzled, misappropriated or misused over the years. The rest of the world needs to see action or we will have no credibility, confidence or investment. What about the position of our current President? He was deputy President through a period in which we now see evidence of corruption and he was a senior member of the party that has run the country for more than 25 years throughout which this corruption relating to SOE’s, has occurred. At the very least, he is guilty of turning a blind eye and my prediction here is that 2022 will see more revelations which may well make his position untenable. Let us talk about the practicalities of what happens next and the contribution of eDiscovery technology and specialists. As I have mentioned in previous posts, we know from global industry gossip that eDiscovery technology has been and is being utilised in these investigations. We know, largely from comments in, for example, the Daily Maverick, that the NPA are continuing the use of the technology and some of the people who worked on the investigations for the Zondo Commission. We also know that Hermione Cronje, Head of the Investigation Directorate resigned her position recently and that Shamila Bahoti, National Director of Public Prosecutions insists that this does not mean the NPA is in crisis. Crisis or not we have to see forward and positive movement this year and without a shadow of doubt this will mean greater use of eDiscovery technology and specialist technical people being employed. We know there are literally millions of electronic documents, and technology is the only answer. We know that the NPA has access to best of breed eDiscovery technology. Let us make sure that funds are available to continue this work and investigate and prosecute the wrongdoers. For what it is worth I have made it clear that if my strategic help and experience is needed, they only have to ask. So, in summary, my optimistic prediction here is that 2022 will see positive action on this topic and eDiscovery technology and skills in SA will play a major role. The above reminds me of another of my great concerns within SA surrounding eDiscovery technology and that is the confusion, caused by lack of knowledge and experience, about using eDiscovery technology for investigations as well as litigation and arbitrations. The technology may be the same but the use, in certain areas, is hugely different. I have written about this before and this year I will make it an important component of my writings and presentations. Simply, we have providers in SA who do not fully understand the nuances and different approaches to litigation/arbitration as against investigations. This is not a criticism per se, it is a fact. The problem compounds when the providers are working with lawyers who know even less and so we are using the technology incorrectly, ineffectively, and too expensively. This will only really change once we have a protocol by way of a practice Directive supporting a change of Rules but until then, we must work harder on this issue and as I say it will be a big feature of my work in 2022. As is well documented I am fortunate enough to have an extensive array of global contacts, colleagues and friends in the industry of eDiscovery and one of the benefits is that I see the annual State of the Industry report from my good friend Doug Austin, one of the most respected people in eDiscovery. The report is so compelling and gathers views and comments from the best of the best and shows what is happening and not happening in eDiscovery across the world. Of course, much of it is USA, then UK centric, but it highlights what we in SA must strive for in order to be in the 21st century of the world of eDiscovery. The report this year highlights such matters as the continuance of remote working; greater use of predictive coding technology; accessing data from mobile devices and collaboration apps; more consolidation of service providers; and a big point about the lack of eDiscovery competence within the legal profession. Here in SA, I can add to those points but, as I have said to Doug Austin recently, it serves to show me how far we still have to go here and my determination to continue my lone voice is as great as ever. Most people know I had a book published by Lexis Nexis last year – A Guide to eDiscovery in South Africa - -. It was the highlight of 2021 for me and to have a foreword and keynote address at the launch by Judge Jody Kollapen (who has now been appointed as a Judge in the Constitutional Court) was humbling. The book was in demand after launch but like most things here in SA, that demand tailed off due to lack of momentum within the legal industry. Some positive movement from the Rules Board to change the rules and the adoption of SALRC’s recommendations about reducing legal fees can provide that momentum and even lead to an updated second edition. I cannot go as far as predicting that will happen this year, but I am always hopeful and ready to respond. I can predict some high-level webinars involving eDiscovery in SA and I can predict that one or more SA law firm will take their embracing of eDiscovery to a new and exciting level in 2022. I also predict greater and better use in SA of the world’s leading eDiscovery software Relativity. As some of you know I mentor some law students in SA on eDiscovery and I have been delighted to see already, that one of them has graduated and moved to the UK, where I have been able to put her in touch with a long-time friend and experienced person to advise her on a career involving the law and eDiscovery. A nice way to start the year for me.