South Africa's Cabinet has approved the publication of a draft national artificial intelligence policy for public comment, with full implementation expected in the 2027-2028 financial year, marking a significant step in the country's years-long effort to establish a regulatory framework for the technology.
“AI policy aims to ensure that both the benefits and risks brought by AI are distributed equitably across society and generations,” the cabinet said in a statement.
The policy is structured around six main pillars: capacity and talent development; AI for inclusive growth and job creation; responsible governance; Ethical and Inclusive AI; cultural preservation and international integration; and human-centric deployment. The Department of Communications and Digital Technology said it seeks development outcomes including better public service delivery, expanded digital economic participation and an improved quality of life for citizens.
Law firm Baker McKenzie described the Cabinet approval as signaling “a decisive shift from high-level principles to concrete regulatory development”. The firm noted that the AI regime would likely overlap with existing regulatory obligations – including conduct, risk management, data protection and cyber security – embedding accountability within the current framework rather than introducing a standalone regime.
A key structural decision revealed during a February parliamentary presentation by the department was the choice not to create a single AI regulator. Instead, oversight will be distributed among existing regulatory authorities in what the department has described as a coordinated, multi-regulatory model.
The cabinet said the policy “recognizes that a phased approach should be adopted, as the deployment and risk profiles of AI differ across sectors.” Baker McKenzie said this reflects the reality that the use of AI in healthcare presents different ethical and security considerations than its use in financial services, telecommunications or public administration.
The proposed rollout includes development of national ethical guidelines and standards, alignment with existing data protection and cybersecurity frameworks, collaboration with industry, academia and civil society, and phased adoption in priority areas.
South Africa's AI policy process began with the release of a draft national AI plan discussion document in April 2024, followed by the publication of a national policy framework in August. Law firm Ellipsis noted in February that “there are concerns about how long the process is taking, with the policy now likely to be finalized only in 2027.”
In the interim, AI-related activities are governed by existing legislation including the Personal Information Protection Act, the Consumer Protection Act, the Electronic Communications Act, the Electronic Communications and Transactions Act and the Cyber Crime Act. Legal practitioners said the new policy is expected to lay the foundation for a future national AI Act to guide lawmakers on how AI should be regulated in the country.