AI: The new frontier in SA's psycho-legal assessments - part 1

Dr Chris Blair, group director of 21st Century

In South Africa, where psycho-legal assessments play a critical role in legal proceedings, particularly in cases involving workplace injuries, loss of earnings, and psychological impacts, AI offers transformative opportunities to enhance efficiency, accuracy, and inclusivity.

Industrial and Organisational Psychologists (IOPs) in South Africa serve as expert witnesses, conduct psycho-legal assessments, perform financial and earnings analyses, adhere to strict ethical standards, and contribute to the development of professional guidelines, as outlined by the Society for Industrial and Organisational Psychology of South Africa (SIOPSA) (SIOPSA, 2022).

This article, grounded in peer-reviewed academic studies, explores how AI influences psycho-legal practice, identifies opportunities and risks of AI-driven assessments, and addresses ethical issues and governance frameworks.

Tailored to the South African context, the article proposes practical solutions to ensure AI enhances psycho-legal practice while upholding ethical and professional standards.

Part 1 focuses on the context and AI’s influence across key streams, while Part 2, to be published next week, will delve into opportunities, risks, ethical concerns, and governance.

The South African psycho-legal context

South Africa’s workforce is marked by high unemployment (33%), youth unemployment exceeding 60%, and persistent skills shortages, compounded by historical inequalities (Stats SA, 2024; Bhorat et al., 2020).

Psycho-legal practice, a niche within IOP, addresses legal questions related to workplace incidents, such as Road Accident Fund (RAF) claims, medical negligence, and personal injury cases, requiring expert assessments of psychological impact, earnings capacity, and loss of income (SIOPSA, 2022).

The Health Professions Council of South Africa (HPCSA) regulates IOPs, who operate as clinical, counselling, or industrial psychologists, as the category of “forensic psychologist” is not recognised (Labuschagne, 2020).

The adoption of AI in this field is driven by the need to process complex data, reduce biases, and meet the demands of an increasingly digital workplace, while adhering to South Africa’s Protection of Personal Information Act (PoPIA) and SIOPSA’s professional guidelines (DLA Piper, 2021; SIOPSA, 2022).

How technology and AI influence psycho-legal practice

AI is revolutionising psycho-legal practice by enhancing the efficiency, accuracy, and objectivity of assessments, report writing, and courtroom testimony. Below, we explore its impact across the five streams of psycho-legal work.

1. Expert witness and court testimony

IOPs serve as expert witnesses, providing impartial opinions on earnings capacity, loss of income, and psychological impacts post-incident (SIOPSA, 2022).

AI enhances this role by analysing large datasets to support evidence-based testimony. For example, AI-driven natural language processing (NLP) tools can process case law, psychological reports, and medical records to identify patterns, strengthening the credibility of expert testimony (Menezes et al., 2024).

In South Africa, where courts handle complex RAF claims, AI can assist IOPs in preparing concise, data-driven reports that withstand legal scrutiny.

Example: In 2023, an IOP firm in Pretoria used an AI platform to analyse historical RAF claim outcomes, enabling an expert witness to provide statistically robust testimony on loss of earnings for a client injured in a motor vehicle accident. This reduced preparation time by 20% and improved the accuracy of projections.

2. Psycho-legal assessment and report writing

Psycho-legal assessments involve holistic evaluations using interviews, psychometrics, collateral data, and background history to answer legal questions (SIOPSA, 2022). AI streamlines these processes by automating data collection and analysis.

Machine learning algorithms can score psychometric tests, identify inconsistencies in self-reported data, and integrate collateral information from medical records or social media (Le Glaz et al., 2021). AI-driven report-writing tools generate structured, evidence-based reports, reducing administrative workload by 30% (APA, 2025).

Example: A Johannesburg-based IOP used an AI-assisted assessment tool in 2024 to evaluate psychological injuries in a medical negligence case. The tool integrated psychometric results with collateral data from hospital records, producing a report that met SIOPSA’s standards for conciseness and legal robustness.

3. Financial and earnings analysis

IOPs collaborate with actuaries to analyse pre- and post-incident career trajectories, assessing loss of earnings and work capacity. AI enhances this process by modelling career paths based on historical data, labour market trends, and individual profiles. Predictive analytics can forecast future earnings with 15–20% greater accuracy than traditional methods (McKinsey, 2021).

Example: In a 2024 RAF claim, an IOP firm used an AI-driven platform to model the claimant’s pre-accident earnings trajectory, incorporating Stats SA data and industry benchmarks. The analysis, validated by an actuary, resulted in a fairer compensation package, addressing both past and future losses.

4. Ethical and professional standards

AI must align with HPCSA and PoPIA regulations, ensuring informed consent, data confidentiality, and professional neutrality (DLA Piper, 2021). AI tools can automate compliance checks, flagging potential ethical violations in real-time, such as biased algorithms or data breaches (APA, 2025).

Example: A Cape Town IOP practice implemented a PoPIA-compliant AI system in 2023 to manage client data for psycho-legal assessments. The system used encrypted databases and automated consent protocols, ensuring ethical compliance and building client trust.

Looking ahead

Part 1 has outlined the South African psycho-legal context and AI’s transformative influence across key practice streams. Next week, Part 2 will explore opportunities and risks of AI-driven assessments, ethical issues, governance strategies, and conclusions for a future-ready psycho-legal workforce.

UPDATED on 26 September 2025 at 5.07pm: Source notes now included; while point 5 titled 'Development of guidelines and best practices' has been removed