South Africa stands at a pivotal moment in the regulation of artificial intelligence (AI), balancing the promise of technological innovation with the need to address ethical, legal and socio-economic challenges.
As AI adoption accelerates globally, South Africa is laying the groundwork for a comprehensive regulatory framework that aims to foster responsible innovation while protecting citizens and advancing national interests.
Current Legal Landscape
South Africa does not have laws or regulations that specifically govern AI. The current legislation, most notably the Protection of Personal Information Act (POPIA), the Consumer Protection Act (CPA) and the Electronic Communications and Transactions Act seek to regulate certain aspects of AI use, particularly surrounding data protection, privacy, and consumer rights.
For example, section 71(1) of POPIA addresses automated decision-making, protecting individuals from decisions made solely by algorithms that have significant legal consequences.
However, this legal patchwork leaves many AI-specific issues such as algorithmic bias, accountability, transparency and the societal impact of automation unaddressed by statute.
Legal uncertainties persist around deepfakes, AI-generated art and the ownership of AI-created content.
The National AI Policy Framework
The Department of Communications and Digital Technologies (DCDT) has spearheaded the development of South Africa’s National AI Policy Framework, released in late 2024.
This framework serves as the foundational blueprint for future AI regulations and potentially an AI Act, marking a decisive step toward a more structured approach to AI governance.
Key objectives of the framework include:
- promoting responsible innovation: the framework seeks to harness AI for economic growth and social equity while mitigating risks such as bias, discrimination, and privacy violations;
- human-centered AI: it emphasizes that AI should augment and not replace human decision-making, ensuring that ethical and societal values remain central;
- transparency and accountability: the policy calls for robust data governance, transparency in AI systems and mechanisms to ensure explainability and trust;
- sectoral strategies: by encouraging tailored approaches for sectors like healthcare, education, and finance, the framework aims to maximize AI’s benefits across the economy;
- capacity building: the framework prioritizes talent development, research, and public-private partnerships to build a dynamic AI ecosystem.
Consultative and inclusive policymaking
A hallmark of South Africa’s approach is its emphasis on broad stakeholder engagement. The policy framework was developed through extensive consultations with the industry, academia, civil society and the public.
This participatory process is designed to ensure that regulations are context-specific, enforceable and reflective of national priorities.
To further guide regulatory development, South Africa is establishing an AI Expert Advisory Council, led by leading academics and practitioners to advise on ethical, legal and technical challenges.
This council will play a key role in shaping future regulations and aligning them with both continental and global standards.
Alignment with Global Trends and Challenges
South Africa’s regulatory ambitions are unfolding against a backdrop of rapid international developments, such as the European Union’s Artificial Intelligence Act, which sets a high bar for AI governance.
The National AI Policy Framework draws inspiration from these global standards, aiming to position South Africa as a leader in responsible AI in Africa and a significant player on the world stage.
What Comes Next?
The National AI Policy Framework is currently under official evaluation, with public consultations ongoing and plans for further legislative development underway. The framework is expected to serve as the foundation for a future AI Act, setting out enforceable rules and standards for AI development, deployment, and oversight.
Key priorities for the next phase include:
- drafting and enacting comprehensive AI-specific legislation;
- establishing clear mechanisms for enforcement, accountability, and redress;
- ensuring ongoing stakeholder engagement and public trust;
- addressing sector-specific risks and opportunities through targeted strategies.
South Africa’s journey toward AI regulation is still in its early stages but is marked by a strong commitment to responsible innovation, ethical governance and inclusive growth.
