eDiscovery in South Africa and the challenges it faces

eDiscovery is a relatively recent development in the legal discovery system. However, little is known about the adoption of the practice in South Africa, and the challenges faced in its uptake. An exploratory study was undertaken to determine the status and challenges of eDiscovery in South Africa. Qualitative interviews were conducted with ten eDiscovery practitioners and it was ascertained that the uptake of eDiscovery is still low and that the major challenges lie in the lack of knowledge and education amongst the lawyers and their clients; the costs and expenses involved; organisational issues, such as preparedness; and issues surrounding the responsibility for the collection of evidence, and allocation of costs. These issues were further examined and underlying themes and implications discussed.