For an explanation of how to read this resource, refer to the guide at the end.
AI Regulation
In April 2024, at South Africa’s National AI Summit, the Department of Communications and Digital Technologies (DCDT) introduced the ‘AI National Government Summit Discussion Document’, dated October 2023, commonly referred to as the Draft National AI Plan (the “Draft AI Plan”).1
Subsequently, in August and October 2024, the DCDT released versions of the ‘South Africa National Artificial Intelligence Policy Framework’ (the “AI Policy Framework”) as an initial step towards developing a national AI policy.2
Definitions of AI
The Draft AI Plan quotes definitions of AI from different international organisations, concluding that they reflect an effort to establish “a neutral global understanding” regarding AI.3
Core Principles
While the Draft AI Plan and the AI Policy Framework do not provide formal statements of core AI principles, they outline approaches and strategic pillars that contain elements commonly associated with such principles.
The Draft AI Plan identifies several approaches to guide the evaluation of implications associated with AI. These include: (i) Accountability; (ii) Inclusiveness; (iii) Reliability and Safety; (iv) Fairness; (v) Transparency; and (vi) Privacy and Security.
The AI Policy Framework, on the other hand, sets out strategic pillars intended to support the policy’s objectives. These include: (i) Talent Development / Capacity Development; (ii) Digital Infrastructure; (iii) Research, Development, and Innovation; (iv) Public Sector Implementation; (v) Ethical AI Guidelines Development; (vi) Privacy and Data Protection; (vii) Safety and Security; (viii) Transparency and Explainability; (ix) Fairness and Mitigating Bias; (x) Human Control of Technology (Human Centered Approach in AI Systems); (xi) Professional Responsibility; and (xii) Promotion of Cultural and Human Values.
Public Consultations
The DCDT invited public comments on the AI Policy Framework during two consultation periods in 2024. For the August 2024 version, comments were accepted via email until the end of September 2024.4 Following the release of the October 2024 version, feedback was similarly accepted until 29 November 2024.5
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of South Africa6
- National Development Plan 20307
- National Integrated ICT Policy White Paper, released in 20168
- ICT and Digital Economy Masterplan for South Africa, final draft dated 22 February 20219
- National e-Strategy, released in 201710
- National e-Government Strategy and Roadmap, released in 201711
- National Policy on Data and Cloud 202412
- National e-Skills Plan of Action (NeSPA), dated October 201013
- National Digital and Future Skills Strategy, released in 202014
- Disability and ICT Strategy, 201415
- National Cybersecurity Policy Framework (NCPF), approved in 201216
- Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)17
- Electronic Communications Act, 2005 (Act No. 36 of 2005)18
- Protection of Personal Information Act, 2013 (Act No. 4 of 2013)19
- Regulations Relating to the Protection of Personal Information, 201820
- Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)21
- Cybercrimes Act, 2020 (Act No. 19 of 2020)22
- Consumer Protection Act, 2008 (Act No. 68 of 2008)23
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, South Africa has committed to upholding the principles of the UDHR. The Constitution of South Africa includes provisions that protect fundamental human rights.24 Section 14 guarantees the right to privacy (protection of the person, home, or property from search, and privacy of communications). Other protections include the rights to equality and non-discrimination (Section 9), human dignity (Section 10), life (Section 11), freedom of expression (Section 16), healthcare (Section 27), and education (Section 29). South Africa has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. Additionally, the country has signed but not ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in South Africa includes:
- Department of Communications and Digital Technologies (DCDT)25
- Department of Science, Technology and Innovation (DSTI)26
- Technology Innovation Agency (TIA)27
- Information Regulator (South Africa)28
- Cybersecurity Hub, which is South Africa’s National Computer Security Incident Response Team (CSIRT)29
- South African Bureau of Standards (SABS)30
- National Consumer Commission (NCC)31
- South African Human Rights Commission (SAHRC)32
R&D and Multi-Stakeholder Initiatives
In 2011, the Centre for Artificial Intelligence Research (CAIR) was established in South Africa as a distributed research network to build world-class AI research capacity.33 Coordinated by the Council for Scientific and Industrial Research (CSIR) and primarily funded by the Department of Science and Innovation (DSI), CAIR comprises eight participating universities.34
In December 2019, the Centre for the Fourth Industrial Revolution South Africa was launched as part of the World Economic Forum's global network of Centres for the Fourth Industrial Revolution (C4IRs), with a four-year mandate.35 The CSIR assumed the role of host institution in 2021.36 In January 2025, the World Economic Forum announced the establishment of a new C4IR in South Africa, officially named the South Africa Centre for Industry and Technology, to be hosted at the University of Pretoria.37
In November 2022, the DCDT, University of Johannesburg and Tshwane University of Technology partnered to launch the AI Institute of South Africa (AII-SA).38
In May 2024, Microsoft South Africa committed R1.3 billion (approximately US$70 million) over 10 years through a partnership with the Department of Trade, Industry, and Competition (DTIC) to support AI readiness, job creation, and the growth of small, micro, and medium-sized enterprises (SMMEs).39
In March 2025, Microsoft pledged ZAR 5.4 billion (approximately US$300 million) to expand AI and cloud infrastructure in South Africa over three years. This follows a prior three-year investment of ZAR 20.4 billion (approximately US$1.12 billion), which established data centers in Johannesburg and Cape Town.40
Professional/Industry Associations
A non-exhaustive list of professional or industry associations with a focus on AI in the country includes:
- South Africa Artificial Intelligence Association (SAAIA)41
Advisory Bodies and Expert Groups
In 2019, President Cyril Ramaphosa established the Presidential Commission on the Fourth Industrial Revolution as a multi-stakeholder advisory body to guide South Africa's adoption of emerging technologies such as AI.42
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
