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.
“The aim of the AI policy is to ensure that both the benefits and risks brought by AI are evenly distributed across society and generations,” Cabinet said in a statement.
The policy is structured around six core 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-centered deployment. The Department of Communications and Digital Technologies said it seeks development outcomes including improved public service delivery, expanded digital economic participation and enhanced 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 AI governance will likely overlap with existing regulatory obligations — including conduct, risk management, data protection and cybersecurity — embedding accountability within current frameworks rather than introducing a standalone regime.
A significant 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 described as a coordinated, multi-regulator model.
Cabinet noted that the policy “recognises that a phased approach should be adopted, as AI deployment and risk profiles differ across sectors.” Baker McKenzie said this reflects the reality that AI use in healthcare presents distinct ethical and safety considerations compared to its use in financial services, telecommunications or public administration.
The proposed rollout includes the 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 across priority sectors.
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 that August. Legal firm Ellipsis noted in February that “there is concern about how long this process is taking, with finalisation of the policy now only likely in 2027.”
In the interim, AI-related activities are governed by existing legislation including the Protection of Personal Information Act, the Consumer Protection Act, the Electronic Communications Act, the Electronic Communications and Transactions Act and the Cybercrimes 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 governed in the country.
