How South Africa’s AI policy came together

The roadmap and development

Contents

  1. Opening
  2. Development roadmap
  3. Integration linkages
  4. Closing

Opening

In March 2026, The Department of Communications and Digital Technologies (DCDT) submitted the draft National AI Policy to Cabinet for approval and gazetting in South Africa.

And now, after being approved for gazetting, as announced on 02 April 2026 by Minister in the Presidency, Khumbudzo Ntshavhe, the draft AI Policy has now been published and is now open for public comments and consultations. 

The policy is structured around six core pillars aimed at promoting the responsible development and deployment of AI.

These core pillars are:

  • Capacity and talent development; 
  • AI for inclusive growth and job creation;
  • Responsible governance; 
  • Ethical and inclusive AI; 
  • Cultural preservation and international integration; and
  • Human centred deployment

Due to the fact that AI deployment and risk profiles differ across sectors, the policy recognises that a phased approach across each sector should be adopted. For example, enforcing comprehensive guardrails for AI would be different for a financial services corporation than for a healthcare services corporation.

The DCDT has indicated that from this policy, it seeks outcomes like improved public service delivery, expanded digital economic participation, and enhanced quality of life for citizens. 

Development roadmap

Let’s explore the roadmap this policy has undergone at this stage that we’re at, and what comes next.

Between 2020 and 2024, various foundations were put in place for the future regulation of AI usage in South Africa.

In 2020, the Presidential Commission Report on the Fourth Industrial Revolution was published.

The regulation of AI itself in South Africa was first mentioned by DCDT Minister, Solly Malatsi, in November 2022, saying that the world’s leading policymakers are grappling with the concerns of misinformation, deep fakes, and disinformation, and that the country will also grapple with it accordingly.

Between the years 2023 and 2024, AI Hubs were launched at the University of Johannesburg, Tshwane University of Technology, Central University of Technology and Stellenbosch Military Academy to promote skills development and application-focused innovation.

In April 2024 at the University of Johannesburg, the draft National AI plan discussion document was launched, and, as a result, the AI Policy Framework was published in August 2024. Following this, in February 2026, the Socio-Economic Impact Assessment System (SEIAS) certification was granted for the draft AI Policy.

After the current consultation process of 60 days, the draft will be submitted to Cabinet once more for the final National AI Policy approval. It is then expected to move into the implementation stage later in 2027/2028.

Integration linkages

The DCDT says that the proposed roll out schedule includes the alignment with existing data protection and cybersecurity frameworks, collaboration with industry, academia, and civil society, followed by a phased adoption across priority sectors.

Baker McKenzie, a leading law firm in the country, says AI governance will likely overlap with existing regulatory obligations – including conduct, risk management, data protection and cybersecurity – embedding accountability within current frameworks. Instead of creating a single AI regulator, oversight will be distributed among existing authorities and legislature.

Existing legislatures currently regulating the processing, monitoring, storage and other uses of data and data governance include:

  • the Protection of Personal Information Act, 
  • the Consumer Protection Act, 
  • the Cybercrimes Act, 
  • the Copyright Act, 
  • Patents Act, 
  • Electronic Communications Act, and 
  • the Electronic Communications and Transactions Act.

In embedding AI-related clauses to these legislatures, the UJ-launched discussion draft noted the integration of ‘International Best Practices on the Regulation of AI’, which come from the following:

  • OECD on the Regulation of Artificial Intelligence,
  • UNESCO General Conference on the Regulation of Artificial  Intelligence,
  • The G7 Hiroshima AI Process Comprehensive Policy Framework on the Regulation of Artificial Intelligence
  • The Council of Europe AI Convention,
  • The Malabo Convention on the Regulation of AI, and
  • The EU AI Act

Closing

What began with the Presidential Commission on the Fourth Industrial Revolution in 2020 has evolved through a series of milestones as discussed here, including the launch of AI Hubs across universities in 2023/24 and the pivotal April 2024 draft.

As the 60-day window for public comment remains open, the focus shifts from the government to the citizenry, ensuring that the final policy for 2028 is a social contract for a human-centered digital future.

Employers should begin developing, if not already started, workplace-specific AI policies to align with South Africa’s evolving national approach to responsible and ethical AI usage.

This includes mapping data flows, assessing model explainability, and evaluating alignment with existing governance frameworks and recommendations (such as those under King V) and obligations under existing regulations, such as POPIA.