Government publishes draft AI policy for public comment

The South African government is introducing a policy to regulate the use of artificial intelligence (AI) that is underpinned by respect for the country’s constitutional values and achieving inclusive growth.

The draft national AI policy, approved by Cabinet on 25 March, has been published for public comments, which are expected to close on 10 June.

Cabinet approved draft national AI policy

According to experts who studied the document, the policy is grounded in the constitution’s values and aims to promote inclusive growth, build capacity and protect human rights.

Although South Africa is using AI in various applications across the public and private sectors, it is unregulated.

Different institutions have their own rules to govern use and misuse within their organisations.

AI also supports efficiency across different operational circumstances. In a document introduction, the department of communication and digital technologies, which initiated the draft policy, says it is built on the foundational principles laid out in the initial national AI policy.

The document introduces expanded strategic pillars and building blocks, using sector-specific applications, with a stronger focus on inclusive growth, capacity development, and safeguarding human rights.

Strategic pillars and building blocks

“These measures are rooted in the fundamental role played by the nation’s constitution, as well as the Bill of Rights therein.”

A technology, media and telecommunications team from Bowmans law firm said the draft policy was a significant step in South Africa’s evolving AI policy landscape.

In a joint explanatory article, Robby Coelho and Justin Ramages, who are partners, Ashleigh Brink, a senior associate, and associate Tanya Chivauras at Bowmans, said that although the draft policy is not a binding law, it provides an indication of the government’s current approach to AI regulation, institutional oversight and sector-specific implementation.

“The draft policy expressly states that it is a work in progress and should be viewed as a point of departure, rather than a final or exhaustive statement of policy,” they wrote.

At a high level, the draft policy positions AI as a tool to support inclusive economic growth, job creation, cost reduction and a developing Africa.

Tool to support inclusive economic growth

It identifies education, health care, agriculture, and public administration as priority areas for AI implementation, while also emphasising that AI policy must be grounded in South Africa’s constitutional framework, human rights standards, and socioeconomic context, including addressing inequality and the digital divide.

In this regard, the draft policy makes it clear that constitutional values and public interest should guide the deployment, development and use of high-impact and highrisk AI systems.

They said that the draft policy adopts a broad approach – contemplating interventions across AI education and skills development, public sector use of AI, start-up and innovation support, infrastructure investment, ethical standards, indigenous language development, and mechanisms to promote fairness, accountability, and transparency across the AI lifecycle.

It also places emphasis on capacity building, digital infrastructure, and widening access to AI technologies and tools.

The experts noted that one of the notable features of the draft policy is its proposed institutional framework.

Institutional framework

It contemplates the establishment of a National AI commission or office, an AI ethics board, an AI regulatory authority, an AI ombud’s office, a National AI safety institute and an AI insurance superfund.

“The draft policy further contemplates a staged, riskbased and technology-neutral approach to AI regulation. In broad terms, the draft policy refers to the finalisation of a national policy and initial draft regulatory requirements for unacceptable-risk use cases in the first phase, followed by guidelines and regulatory requirements for high-risk, and later medium- and lowrisk AI use cases.

“It also envisages sector-specific working groups and implementation road maps,” the experts wrote.

“The publication of the draft policy marks the start of a formal public consultation process on South Africa’s proposed national approach to AI.

“The draft policy sets out the government’s proposed approach in respect of AI policy priorities, governance structures and implementation pathways, while making clear that further consultation and refinement are anticipated before the policy is finalised,” they said.

Touching on the implication of the draft policy for businesses, the lawyers said its publication is already significant.

“Although it does not yet create binding obligations, it signals increased regulatory attention on AI governance, ethics, transparency, data protection, fairness and sector-specific oversight.”