Abstract

Keywords

Alternative dispute resolution; artificial intelligence; blockchain technologies; consumer protection.

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1 Introduction

Consumer disputes require tailored mechanisms that provide consumers with access to remedies that do not impose significant costs and delays, 1

 Mnotho Thamsanqa Ngcobo. LLB (Unisa) LLM (UWC). Lecturer, Faculty of Law, North-West University (Mahikeng Campus), South Africa. Email: mnothongcobo@gmail.com. ORCID: https://orcid.org/0000-0003-1966-1581. A version of this paper was submitted as part of an LLM research project titled "Artificial Intelligence in Alternative Dispute Resolution", funded by the Ivan Rugema Fellowship at the University of Missouri-Columbia. Ngcobo Artificial Intelligence.

1 OECD 2007 https://legalinstruments.oecd.org/public/doc/185/185.en.pdf 6.

This paper will examine the provisions of the CPA, with a specific focus on dispute resolution mechanisms and their shortcomings. Thereafter an alternative dispute resolution (ADR) mechanism using online dispute resolution (ODR), artificial intelligence (AI), and blockchain technologies will be explored. This paper will examine how such a mechanism can be applied in South Africa and what legislative changes are required.

2 The CPA in general

The CPA came into operation in 2009, when South African consumer laws were outdated and fragmented. 3

3 Jacobs, Stoop and Van Niekerk 2010 PELJ 303.

Previously there had been no specific "consumer protection law" in South Africa. There were, however, certain specific industry consumer laws that

protected certain industries, for example, the laws governing advertisements that consumers could use in a case of false advertisement and the law relating to the South African Bureau of Standards (SABS), which consumers could use for redress should any product they purchased not be in line with the SABS standards. Consumers normally would refer matters to court based on common law and they would usually base their claims on a lack of consent between the contracting consumer and supplier, and the sale of defective goods. The CPA codified the common law and other industry-specific consumer laws into one statute aimed at protecting consumers. 6

6 Jacobs, Stoop and Van Niekerk 2010 PELJ 303.

In terms of section 3 of the CPA, one of the purposes of the Act is to protect vulnerable consumers. Section 3(2) of the Act places great responsibility on the Consumer Protection Commission, which must take all reasonable and practical steps to ensure the realisation of the Act. 7

7 Section 3(2) of the CPA.

2.1 The scope of the CPA

The Act defines "consumer" as:

(i) a person to whom goods or services are marketed in the ordinary course of the supplier's business; a person who has entered into a transaction with a supplier in the ordinary course of the supplier's business, unless the transaction is exempt from the application of this Act by section 5(2) or in terms of section 5(3); if the context so requires or permits, a user of those particular goods or a recipient or beneficiary of those particular services, irrespective of whether that user, recipient, or beneficiary was a party to a transaction concerning the supply of those particular goods or services; and a franchisee in terms of a franchise agreement, to the extent applicable in terms of section 5(6)(b) to (e). 8

8 Chapter 1, Part A – Interpretations of the CPA.

The Act further defines the word "person" to include a juristic person. This extends the scope of the CPA not only to people but to businesses as well. The effect of this is that a business that procures goods or services can make use of the CPA redress mechanisms.

Nowadays consumers have the advantage of procuring goods and/or services in multiple locations, including internationally. Sharrock 9

9 Sharrock Business Transactions Law 594.

2.2 Dispute resolution in terms of the CPA

As was mentioned earlier, the CPA provides consumers with rights, and chapter 3 of the CPA (sections 68-71) provides for the protection of consumer rights and the consumer's voice. This is done by providing consumers with processes to enforce their rights. Only a person with legal standing may make use of these processes. 10

10 Section 4.1 of the CPA lists the person who has locus standi. The Act provides as follows: "(1) Any of the following persons may, in the manner provided for in this Act, approach a court, the Tribunal, or the Commission alleging that a consumer's rights in terms of this Act have been infringed, impaired or threatened, or that prohibited conduct has occurred or is occurring: (a) A person acting on his or her own behalf; (b) an authorised person acting on behalf of another person who cannot act in his or her own name; (c) a person acting as a member of, or in the interest of, a group or class of affected persons; (d) a person acting in the public interest, with leave of the Tribunal or court, as the case may be; and (e) an association acting in the interest of its members."

(a) referring the matter directly to the Tribunal, if such a direct referral is permitted by this Act in the case of a particular dispute;

(b) referring the matter to the applicable ombud with jurisdiction, if the supplier is subject to the jurisdiction of any such ombud;

(c) if the matter does not concern a supplier contemplated in paragraph (b)—

(i) referring the matter to the applicable industry ombud, accredited in terms of section 82(6), if the supplier is subject to any such ombud; or

(ii) applying to the consumer court of the province with jurisdiction over the matter, if there is such a consumer the court, subject to the law establishing or governing that consumer court;

(iii) referring the matter to another alternative dispute resolution agent contemplated in section 70; 11

11 Section 70 of the CPA provides that a consumer may "seek to resolve any dispute in respect of a transaction or agreement with a supplier by referring the matter to an alternative dispute resolution agent who may be— (a) an ombud with jurisdiction, if the supplier is subject to the jurisdiction of any such ombud; (b) an industry ombud accredited in terms of section 82(6), if the supplier is subject to the jurisdiction of any such ombud; (c) a person or entity providing conciliation, mediation or arbitration services to assist in the resolution of consumer disputes, other than an ombud with jurisdiction, or an accredited industry ombud; or (d) applying to the consumer court of the province with jurisdiction over the matter, if there is such a consumer court, subject to the law establishing or 45 governing that consumer court."

(iv) filing a complaint with the Commission in accordance with section 71; or

(d) approaching a court with jurisdiction over the matter, if all other remedies available to that person in terms of national legislation have been exhausted. 12

12 Section 69 of the CPA.

These are provisions that are aimed at providing the consumers with avenues of redress should any of their rights as provided for in the CPA have been breached by the suppliers. The CPA does not create a specific hierarchy for which disputes may be resolved. Therefore, the Act should be read as a whole, and section 69 of the CPA should not be read in isolation. The Act provides that a consumer may not approach the court while an appeal for the review of an order made by the Tribunal is still pending; 13

13 Section 115(2) of the CPA.

The High Court addressed the issue of exhausting the remedies provided in the CPA in the 2016 case of Joyroy 4440 CC t/a Ubuntu Procurement v Potgieter. 16

16 Joyroy 4440 CC t/a Ubuntu Procurement v Potgieter 2016 3 SA 465 (FB) (hereafter the Joyroy case).

It is specifically stated that the consumer may approach the court if all the aforementioned avenues of redress have been exhausted. The legislature was very specific in prescribing the redress that a customer has in terms of this section. 17

17 Joyroy para 8.

There are, however, different views concerning the issue of whether consumers must first approach the supplier before taking the redress steps previously outlined. Melville argues that the reading of section 69 does not indicate that the consumer is compelled to first approach the supplier before engaging in the abovementioned mechanisms. 18

18 Melville Consumer Protection Act 126.

This viewpoint is supported by the author of this paper. Consumers should not be compelled to approach the supplier first before taking the redress steps. It is important to note that this does not mean that consumers should not contact the supplier at all. Rather, it suggests that consumers should

have the flexibility to choose the most appropriate redress mechanism for their particular situation. This could involve seeking redress from the supplier or pursuing alternative dispute resolution mechanisms. However, suppliers have internal dispute resolution mechanisms, and sometimes it might be beneficial to the consumer to use those mechanisms first before trying the redress mechanisms provided for in the Act. An example of such a case where it might be beneficial is that of suppliers with internal redress mechanisms, like eBay, as will be discussed below. In certain instances, approaching the supplier first would prove futile, as some suppliers might not be cooperative and/or seek to delay the resolution of the matter until the consumer grows tired and abandons the claim. Ultimately the goal of consumer protection laws is to ensure that consumers have access to effective and efficient redress mechanisms, regardless of whether they choose to approach the supplier first or not.

2.3 The shortcomings of CPA

Magaqa, a scholar in the field of consumer protection, argues that the Commission, one of the redress agencies in terms of the CPA, has failed to protect consumers. He argues that there is a lack of clear processes, that the Commission is inaccessible to consumers, that it has a high workload and a low work output, that the Commission has differing interpretations of the CPA, and that it has a poor reputation owing to negative publicity. 19

19 Magaqa 2015 SA Merc LJ 32.

The redress process in terms of the CPA has been provided above. It is a long and tiresome process. Many consumers, most especially those trying to enforce their rights in disputes about small amounts, would rather leave it be than follow the dispute resolution process found in the CPA. An example to explain this would be consumer Z purchasing goods from supplier X in the amount of R200. Supplier X supplies Z with damaged goods, which is in clear contradiction to the CPA. Would it then be wise for Z to follow the resolution/ redress process found in the CPA for R200? It is likely that the consumer would abandon the claim from the beginning and resort to online complaints, which might not assist the consumer in any way. An example of this would be a South African online supplier – Takealot.com. On Hello Peter it has 18 390 reviews, 64% of which give it one star, with an average rating of 1.96. Most of the complaints are regarding defective goods and wrong orders. 20

20 Hello Peter date unknown https://www.hellopeter.com/take2takealot.

consumer–supplier disputes regardless of the amount of controversy to maintain social order. 22

22 Du Plessis 2010 SA Merc LJ 518.

The other issue to consider is that even if the Act allowed the parties to approach the courts first without having exhausted the mechanisms provided in the Act, it would still be difficult for many people in South Africa, especially in cases involving small claims. The courts, including the small claims courts, are located far from the people, who would have to spend money on travel to reach the courts. And they might be required to return to the courts two or three times before the matter can be heard. The other issue for matters over R20 000, which is the statutory limitation of the small claim's courts, is that such matters would need to be referred to the magistrate's court or the high court if they fall under their jurisdiction. For such matters, consumers will require the services of attorneys and there are also delays involved before a matter can be heard in court. A member of parliament and chief whip of one of the opposition parties, Narend Singh, wrote as follows:

It is common knowledge that the South African justice system is already overburdened and under-resourced. This has resulted in a perpetual state of backlog. Cases are delayed and postponed as a result of overworked legal professionals, ineffective investigations, and corruption – all of which contribute to the infringement of constitutional protections ... 23

23 Singh 2020 https://www.dailymaverick.co.za/opinionista/2020-05-21-justice-delayed-is-justice-denied-we-must-speed-up-the-court-system-under-lockdown.

In addition, the court process is not efficient. The courts can be slow and costly, with cases often taking months or even years to resolve. This can be frustrating for consumers who need a quick resolution to their issues. Consumers need a redress mechanism that is fast and efficient, where consumers can have their claims addressed in a timely manner without having to bear significant expenses. They might lose interest in pursuing their claims as a result of the delays they experience and the funds they have to spend. 24

24 Naudé 2010 SALJ 527.

3 ODR in South Africa

South African consumers need a fast and efficient system to protect their rights as consumers. It is worth mentioning that the Act itself, the CPA, recognises that times are changing, and that it is thus necessary to develop and employ innovative means to protect the interests of all consumers by ensuring accessible, transparent, and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace. 25

25 Preamble of the CPA.

methods, patterns, and agreements have brought and will continue to bring new benefits, opportunities and challenges to the market for consumer goods and services in South Africa. 26

26 Preamble of the CPA.

ODR supplements and/or replaces the traditional methods of dispute resolution by making use of technologies and various dispute resolution methods. As technology evolves, so do the methods of ODR, which can take place in any of the following ways, for instance:

Schmitz highlights the reasons why an ODR system is the way forward by arguing that consumers do not want to waste time and money on phone calls or the like when another fair solution is available through ODR, which should entail a simple-to-access, free service to consumers, and an easy-to-understand system. 27

27 Schmitz 2018 Journal of Internet Law 7.

E-commerce has become more prevalent nowadays than traditional offline commerce. The world saw a surge in e-commerce transactions in 2020 due

to the covid19 pandemic. This trend continued even after the number of positive covid cases decreased. This shows the trust consumers have in online shopping. The eCommerce net sales of the top 100 South African online stores accounted for about US$909 million in 2020. 28

28 Statista date unknown https://www.statista.com/study/70380/ecommerce-in-south-africa.

This shows the faith consumers have in the online process, which in turn would allow them to have trust in ODR as it offers the same benefits as e-Commerce which are minimising costs, saving time through using simple procedures, and avoiding the need for traveling. Not all consumers have faith in the online process and there may be some doubts and downsides to e-commerce and ODR. It is important to acknowledge these concerns and to address them in order to build trust and confidence among consumers. Some common concerns include issues such as security, privacy, and the possibility of fraud.

An example of online consumer dispute resolution is discussed below.

3.1 eBay

eBay is an online marketplace that has grown exponentially over the years. eBay facilitates consumer-to-consumer and business-to-consumer sales via its website. eBay sees about 2 billion transactions a day. 29

29 Abbey 2015 https://parade.com/420625/alison-abbey/ebay-turns-20-10-things-you-may-not-know-about-the-site.

marketplace is available all over the world. According to Colin Rule, the number of disputes filed in eBay exceeds the volume of the civil court system in the United States. 30

30 Rule 2017 University of St Thomas Law Journal 356.

When a buyer (a consumer) files a claim on the eBay dispute resolution system, eBay allows the user to select the issue in the complaint and to suggest a preferred solution to the buyer. The eBay system guides the buyers and sellers through a series of questions aimed at pinpointing the main issue and making sure that the issue referred by either party falls within eBay's general policy. The system then allows the buyer and the seller to communicate directly through the online system. Should the matter remain unresolved, the party may then refer and escalate such a claim to the eBay Resolution Services team, which will then evaluate the claim and make a decision. The party unhappy with the decision has the option to appeal such a decision using the eBay dispute resolution platform, and to provide more information, such as images.

The eBay dispute resolution system is a perfect example of ODR. The whole dispute resolution process is conducted online, employing the use of various technologies aimed at streamlining the issues and resolving the dispute with speed and efficiency.

3.2 Concilianet

Concilianet was created in 2008 and is operated by the Federal Consumer's Office (PROFECO). 32

32 Concilianet date unknown https://concilianet.profeco.gob.mx/Concilianet/inicio.jsp. The information provided on the website is written in Spanish and was translated with the use of Google Translate and Apple Translate. There may be some discrepancies.

Consumers have to register on the platform and may then file claims based on any disagreement with the supplier. Claims can be based on several issues such as a breach of warranty, a breach of contract or a refusal to surrender. 33

33 Concilianet date unknown http://concilianet.profeco.gob.mx/concilianet/faces/que-es.jsp.

The dispute resolution process is simple. The consumer would file a claim and Concilianet will determine whether the claim falls within the system's jurisdiction within five days. If it does, it will email the date and time of the settlement hearing to the consumer. The hearing takes place online through the Concilianet. The consumer, the supplier and the mediator provided by Concilianet would then meet and attempt to resolve the dispute.

The only remedy available through Concilianet is an order for contract performance. Consumers seeking other relief may approach the Courts. The important feature of Concilianet is that consumers may file claims against any merchants, even those not registered with Concilianet. Concilianet has reduced the time for resolving disputes by 50% and has led to settlements in almost 96% of cases filed through its platform. 34

34 University of Missouri Law School Library 2024 https://libraryguides. missouri.edu/c.php?g=557240&p=3832249.

This is an example of a consumer dispute resolution system that was created by a government agency, as opposed to a private dispute resolution process like that previously discussed.

3.3 Civil Resolution Tribunal

The Civil Resolution Tribunal (CRT) is Canada's ODR platform aimed at resolving strata 35

35 In New South Wales, Australia, strata law governs property rights, obligations, and management within a strata scheme. A strata scheme is a form of property ownership where multiple lots are contained within a larger building or development (commonly an apartment block).

Consumers start the process by visiting Solution Explorer on the website, which offers free legal information and provides the consumer with the correct CRT application form for the type of dispute. 37

37 Civil Resolution Tribunal Act, 2012.

3.4 Conclusion of ODR

ODR presents many opportunities for consumers and suppliers in the resolution of their disputes. ODR can take many forms and can be tailored for every type of consumer dispute. As earlier explained, ODR is not meant to replace the court system, but rather to supplement it by providing fast and efficient dispute resolution processes for the consumers without the consumer having to spend funds on legal fees and travel distances to court. The systems identified above provide some form of mediation and there is always a human third party involved. This then presents challenges such as capacity and delays because if there is a rise in the number of disputes, there should be several human neutrals available to resolve such disputes. This also means that government agencies like the CRT above will incur the costs of salaries, and private companies like eBay will also incur salary costs for human neutrals.

Various ombuds and agencies make use of ODR processes in South Africa, and since they rely on human neutrals there are long delays involved, which often deter consumers from filing their claims. Technology is evolving rapidly; many companies have been using artificial intelligence for production and other services. This presents an opportunity for South Africa to harness Artificial Intelligence to resolve consumer disputes. Artificial

intelligence is explained below, and examples are given of how it has been used around the world in the legal sector.

4 Artificial Intelligence

Artificial intelligence (AI) refers to the field of science, engineering and technology that focusses on the creation of intelligent machines. 39

39 Mills 2016 http://legalexecutiveinstitute.com/artificial-intelligence-in-law-the-state-of-play- 2016-part-1/.

There are two main branches of AI in the field of law that present opportunities for the development of machine systems able to handle legal disputes. The knowledge-based system comprises a rule-based system that has knowledge based on rules. The case-based system bases its decision on prior cases and not on rules. 42

42 Barnett and Treleaven 2018 Computer Journal 402.

The important thing to note about artificial intelligence is that these machines rely on information uploaded to them or information received from the internet. It is possible to programme AI to receive information from credible sources such as the court website, which provides regular case updates and judgments. The developers can upload current legislation onto the system, and the System may interpret the law (rule-based) through machine learning while taking into consideration past judgments concerning similar cases. AI machines process large volumes of information and based on data uploaded to them or received through the internet they can learn and improve in a particular matter. 44

44 Surden 2019 Ga St U L Rev 1316.

discovery programmes utilise predictive coding to read and analyse millions of pages of discovered documents and can select relevant material in a fraction of the time that human labour would require. 45

45 Sourdin 2015 JJA 103.

One of the benefits of AI systems is that they do not require rest or sleep as humans do, which would allow consumers to have access to these systems at any time of the day and night. Further, one might also argue that such systems do not need to get paid – as humans do.

The main argument of this paper is for the creation of an automated system, using AI that could handle consumer disputes and issue automated decisions. Automated computer systems are already in use in other fields, such as the health sciences, where AI is being used to detect cancer in patients. At Tulane University researchers discovered that AI can accurately detect and diagnose colorectal cancer by analysing tissue scans as well as or better than pathologists. 46

46 Mcnemar 2021 https://healthitanalytics.com/features/top-opportunities-for-artificial-intelligence-to-improve-cancer-care.

In short, designers of the online dispute system could incorporate AI into their systems. AI can process large volumes of information and decide by applying the rules and law to the facts of the dispute. A perfect example of this would be eBay's online dispute resolution, as it incorporates online dispute resolution, AI, and in some cases human neutrals. As was explained earlier, a party would be guided by the eBay system into selecting the appropriate issue in dispute, and based on the issue selected the system would then ask a series of questions to which the user would have to select answers online. Once the issue in dispute has been identified, the seller would be contacted by the system and the same thing would happen again the seller being guided by the system into choosing his defence. This process would continue until the issue was quantified and a decision reached by the parties, and/or the AI system had reached a determination.

AI can be used to analyse information and offer advice. It can also be used to analyse information and then render a decision. This argument is based

on the research that has been conducted using AI computer programmes wherein the outcomes of cases were predicted by the AI system using predictive analysis. 48

48 Aletras et al 2016 PeerJ Computer Science 1.

Machine learning is useful where the information analysed is similar to the information presented to the AI. 52

52 Surden 2014 Wash L Rev 87.

It would be impetuous to migrate the whole consumer dispute resolution into an online dispute system using AI without considering the downside of AI. While it offers great opportunities, there are still issues that need to be considered in designing the AI ODR system. An automated system would require the use of machine learning, which in turn would require data. The system would have to comply with the data protection laws of South Africa, including the provisions of the Protection of Personal Information Act. Consumers require a system they can trust. The best way a designer of such a system could gain the consumer's trust would be by addressing the issues of personal (data) protection - and the system must be transparent. Users of the system should have information about how the AI ODR system arrived at a decision and why it arrived at such a decision. That could be done by showing authorities for such a decision. The authority could be case law, legislation, or past decisions taken by the consumer tribunal.

4.1 Her Majesty's online court

The Civil Justice Council (CJC) recommended the creation of an online court for civil disputes under the value of £25 000. 53

53 Online Dispute Resolution Advisory Group 2015 https://www.judiciary.uk/wp-content/uploads/2015/02/Online-Dispute-Resolution-Final-Web-Version1.pdf.

This system was supported by Lord Justice Briggs. 59

59 Briggs 2015 https://www.judiciary.uk/wp-content/uploads/2016/01/ccsr-interim-report-dec-15-final1.pdf 58, 76.

What is significant about this system is that in the first tier the system uses AI to assist and advise parties about their cases. If AI can advise parties, surely it is capable of rendering a decision. This system was accepted by the Court Justices, as has been explained. Thus, Justice Griggs accepted the system and made further recommendations to advance the system. 63

63 Aside from Justice Gregg, Chief Justice Warren also suggested another online court model. Warren 2015 JJA 14.

5 Blockchain technologies

Blockchain is a system of recording information in a way that makes it difficult or impossible to change, hack, or cheat the system. 64

64 Euromoney Learning 2020 https://www.euromoney.com/learning/blockchain-explained/what-is-blockchain.

Court has stated that digital data stored and authenticated by blockchain will be valid evidence in legal disputes before the Internet Courts "if the relevant parties collected and stored these data via blockchain with digital signatures, reliable timestamps, and hash value verification". 70

70 Sahu 2020 https://www.upgrad.com/blog/how-to-use-blockchain-to-store-data.

Blockchain presents many opportunities for the legal field and dispute resolution. However, not much research has been done and it is still a developing sector. Thus, it may pose risks that are yet unknown. As research shows, however, it provides secure data storage, which is important in the case of online dispute resolution, since data privacy is important and consumers would not trust a system that would leave their data vulnerable to hacking. In 2021 the South African judiciary and the Department of Justice suffered a cyber-attack. 72

72 Makhafola 2021 https://www.news24.com/news24/southafrica/news/department-of-justice-says-its-recovering-from-cyber-hack-causing-court-case-delays-20211010.

6 Designing an AI ODR in South Africa

The author proposes an online system of dispute resolution that incorporates the use of AI. Due to the lack of adequate research available on blockchain technologies, the system would not incorporate such technologies. However, the state must take preventative measures to secure consumer data online.

The online dispute resolution system should be made available on the National Consumer Commission website. Such a system would, like the eBay system, require users to register and file their disputes online. The system would then guide the consumer into selecting the appropriate dispute, using a series of questions and answer options.

The author proposes a tier system in which tier one would be a conciliation tier. Both disputants would be guided by the system in negotiating the dispute. Should this tier fail, then the dispute would be moved into the second tier, wherein the AI system through machine learning would render a decision. A party who is not satisfied will have the option to appeal such a

decision to a third tier, where an arbitrator would, based on the information previously provided by the parties, and the reason provided by the AI, render a binding arbitration decision that can be reviewed in court only if it should meet any of the requirements of review in terms of the Arbitration Act.

The CPA makes provision for the referral of a dispute to an alternative dispute resolution agent subject to section 70 of the Act. 73

73 Section 69(c)(iii) of the CPA. The section provides as follows: "(iii) referring the matter to another alternative dispute resolution agent contemplated in section 70".

Should the dispute be too complicated for the AI, upon review by the human expert working for the consumer commission the matter should be removed from the system and the consumer be advised to approach the correct redress mechanism, such as the consumer court. This is in accordance with section 70(2) of the CPA, which states that if there is no reasonable probability of the parties resolving their dispute, the alternative dispute resolution agent may terminate the process by notice to the parties, and the party who referred the matter to the agent may file a complaint with the Commission.

It is important to note that not everyone knows the law, thus one of the parties might raise that as an argument of appeal against the decision, citing that he did not understand the nature and consequences of the dispute process. The author proposes that the National Consumer Commission prepares information guides in all eleven South African languages, and such a guide must be made available to the parties before the dispute resolution process commences.

7 Conclusion

The Consumer Protection Act provides various avenues of redress to consumers. However, as was discussed in the previous sections, the redress avenue is too long and takes a lot of time. That ends up deterring consumers from following the formal redress processes. The CPA allows for the use of an alternative dispute resolution provider who provides conciliation, mediation and arbitration services. The proposed system provides all such services. It thus meets the requirements of the CPA. Such a system would be beneficial to all consumers, even to those living in outlying areas where there is no court system or where there are no National

Consumer Commission offices. Since the AI dispute resolution system will be online, consumers can file cases using their mobile cell phones. Most of the national government websites have the option to change the language to one of the South African official languages. This can also be implemented into online consumer dispute resolution to make it friendly and accessible for every consumer in South Africa. It is important to note that the argument presented here is based on the present potentials of AI and blockchain technologies. Additionally, issues such as personal data privacy need to be taken into consideration.

It is submitted that further research should be conducted to ascertain the role blockchain technologies could play in online dispute resolution. The current research on blockchain technologies proves that they can play a vital role in securely storing consumer data online. Data protection is one important element of online dispute resolution.

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List of Abbreviations