‘Computers are coming for our jobs,’ says judge after complainant files ‘outstanding’ papers without a lawyer

Western Cape High Court Judge Michael Bishop and a defence attorney were left impressed by a complainant’s heads of argument he compiled himself by researching legal cases online.

So impeccable were Siyabonga Makunga’s papers that defence lawyer HG McLachlan expressed his shock after learning that Makunga wrote the papers without the help of a lawyer.

Makunga dragged a Cape Town Spur restaurant to court over a contract to transport its staffers to and from work, and won.

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Impeccable papers

Writing in his judgment, Bishop said Makunga was asked during cross-examination whether he wrote the papers.

“I must mention Mr Makunga’s heads of argument. He filed heads of argument which contained extensive reference to case law.

“He said he had, relying only on the assistance of Google. Mr McLachlan expressed his disbelief. In argument, he told me that many of his colleagues were equally incredulous and were convinced only a lawyer could have drafted the heads,” he wrote.

He added that technology is gradually taking over in litigation.

“I admit that I have seen worse heads of argument prepared by members of the Bar. But this does not evince dishonesty to me.

“Rather, it shows Mr Makunga’s perseverance and commitment, and the fact that lawyers need to watch out for artificial intelligence. One day soon, the computers are coming for our jobs.”

Credible witness

Makunga was contracted to transport restaurant employees to and from work. When he routinely arrived one evening in 2018 to pick them up, an unnamed manager instructed the staffers to not get into Makunga’s vehicle, saying his contract had been terminated.

No reasons were given to Makunga. He told the court that he did not argue with the unnamed manager.

He returned to the restaurant over a few days to try to get management to adhere to the contract signed with him but to no avail.

The restaurant then later claimed that he terminated the contract and that the business, managed by Robin Smailes, suffered damages.

“I have related Mr Makunga’s version here, he stuck to that version. I found him a credible witness.

“His memory of the events was clear and his version was not meaningfully shaken in cross-examination.

“He was confronted with a termination by a person with whom he had not negotiated the agreement. He did not immediately accept the agreement was over and sought to “uphold” the agreement by appealing to Mr Smailes.

The restaurant was ordered to pay Makunga’s costs.

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