In my last post I said that 2021 had seen a great start for eDiscovery in SA and this is continuing. The launch of our book A Guide to eDiscovery in South Africa was tremendous. With an audience of almost 200, Judge Jody Kollapen gave the keynote address which was truly inspiring, and I managed to answer all of the questions as my co-author was absent due to a Court commitment! I was absolutely delighted to see the other day that Judge Kollapen is one of 5 interviewed for a post as a Judge of the apex court in South Africa, the Constitutional Court and I sincerely hope he is successful. One consequence of the launch webinar was a request for my help from some people in Ghana who want to try to have eDiscovery in their rules of civil procedure. Another is that I have been invited to be the guest speaker at the AGM of the Organisation of South African Law Libraries which I am honoured to accept. Yet another is that I have been interviewed by a journalist on behalf of Africa Legal for an article which will appear soon. Furthermore, the Publishers tell me the book is selling very well, one Cape Town lawyer telling me that it is helping him already and that I am making a difference to the profession in SA. I can also tell you that there are some plans for eDiscovery webinars which I am to lead, and you will hear more about these in due course. All of this has coincided with the Rules Board publishing, and inviting comments for, its proposed new e-rules and amendments for the electronic justice system. The co-author of my book, Adv Ismail Hussain SC and I, have decided to comment jointly on this. We wish to be positive as it is a move in the right direction in accepting the modern world including technology and digitisation. In essence these proposals relate to e-filing, the electronic service and delivery of documents, the administration of case files and the hearing of cases as provided for in these rules. The proposed rules and amendments are not, nor do they profess to be, eDiscovery. There is more than a suggestion, in fact the Rules Board have told me that there is to be a progressive development of rules involving technology including eDiscovery. Therein lies our concern as it still could take years for them to get around to eDiscovery especially as there will inevitably be many practical issues with the new e-rules. Furthermore, we contend that eDiscovery does not impact the Courts or its administration as, ostensibly, it is between the parties and their lawyers and not the Courts. There is an impact on the judiciary as they need to have greater knowledge and handle the case management conferences differently and we have offered to assist in that with training. In summary we have made it clear that a further long wait is not acceptable, that SA is continuing to lose business as a result, that the current situation of increasing data, demands the change, and that it is wanted by corporations and institutions in SA. We refer strongly to Discussion Paper 150 by the SA Law Reform Commission which calls for eDiscovery as it will reduce the cost of litigation. We are seeing evidence of the Judiciary issuing directives more and more and this is conceivably borne out of frustration for the lack of directives on certain issues by the Rules Board. It could be argued that these directives are becoming laws or rules – a strength of a common law jurisdiction - and who is to say that eventually one or more directive will be issued relating to eDiscovery? On the home and practical front, I am seeing positions opening up with SA service providers for eDiscovery technology people, something that I predicted a long time ago. This proves that there is more eDiscovery work happening and that there is a recognition that strong eDiscovery technology skills and experience are required. You can have the best solution in the world but if you do not have people with knowledge and expertise to drive it and ensure you get the best out of it, then it is almost worthless. Furthermore, when we speak of eDiscovery technology reducing the cost of a case, a good technologist as well as Consultants such as me, can advise how this can be achieved. Outside of South Africa the global world in which eDiscovery operates, is seeing more work as a direct result of the ongoing pandemic brought about by Covid-19. A recent survey showed almost 50% of US and EU corporations have experienced an increase in corporate disputes. Is this reflected in South Africa? I really do not know but for sure there are more cases and investigations. Overall, despite my continuing frustration about the progress of a rule change I am heartened by everything else that is happening in eDiscovery in SA and incredibly proud to be a major part of it. It is abundantly clear already that 2021 will be seen as a ground-breaking year on the eDiscovery front. To this end I repeat that I am available for advice and assistance and I will do an eDiscovery presentation for your firm or team for a fixed nominal fee. Let us maintain this momentum.