WENDY ROSENBERG: SA a step closer to aligning with international trends on AI policy

On August 14 the department of communications & digital development published the draft National AI Policy Framework for public input. This initial step in the development of SA’s national AI policy is intended to serve as the framework underlying the policy, which will serve as the foundational basis for creating AI regulations and potentially an AI Act in SA, with a view to guiding the responsible and ethical development and utilisation of AI across all industries. 

On July 12 the European AI Act was published in the official journal of the EU. It is complex legislation that entered into force on August 1, but the provisions of which will come into operation gradually, with some applying as early as February 2025, while the act will generally apply from August 2 2026.

The European AI Act is more than four years in the making, with the European Commission having published its “White Paper on AI — A European Approach to Excellence & Trust” in February 2020. A long road now lies ahead for the European AI Act, with many milestones to be achieved before the substantive provisions of the AI Act begin to apply. 

Several bodies will be established to implement and enforce the European AI Act, involving public authorities and private sector participation, including: 

• An AI Office established by the European Commission, to co-ordinate the implementation of the AI Act in EU member states.
• A European AI Board, with one representative from each EU member state, to provide recommendations, opinions, expertise and the like. 

• An advisory forum to provide technical expertise and contribute stakeholder input on the implementation of the Act.

• A scientific panel of independent experts to advise the AI Office and national authorities in EU member states. 

The commencement of the EU AI Act broadly coincided with the publication in SA of the draft SA National Artificial Intelligence Policy Framework by the department of communications & digital development. 

Department’s ambition

The draft AI Policy Framework acknowledges global trends in AI governance and the need to harmonise with international standards, pushing SA to develop its own AI policies. It seeks to align with international norms and standards to ensure ethical and effective AI deployment. 

The draft AI Policy Framework articulates the department’s ambition for SA to be a leader in AI within the African continent and a significant player on the global stage, influencing global AI ethics and governance frameworks. 

According to sources within the department the draft AI Policy Framework is intended to provide a framework that sets out, in broad strokes, the framework for AI policy in SA, drawing on international benchmarking done by the department. 

This initial step in the development of SA’s National AI Policy is intended to set the stage for a future in which AI is harnessed responsibly and effectively, driving digital transformation and promoting inclusive growth. 

The development of an SA National AI Policy is a strategic imperative by the department to guide the responsible and ethical development, deployment and utilisation of AI across all sectors of society. 

The National AI Policy is intended to serve as the foundational basis for creating AI regulations and potentially an AI Act in SA, and guide the development of robust regulatory mechanisms that ensure that AI applications are safe, ethical and in the public interest. 

Provide guidelines

It aims to ensure AI systems are developed and implemented with considerations for fairness, accountability, transparency and inclusivity, while mitigating potential risks such as bias and discrimination in AI applications.

Ultimately, the National AI Policy is intended to provide clear guidelines and a structured approach to harnessing AI’s potential, while mitigating its risks and ensuring AI technologies are developed in a manner that aligns with SA’s socioeconomic goals and values. 

One of the department’s key rationales for establishing this policy is to foster sectoral strategies that will address specific needs and opportunities within different industries, such as healthcare, education and finance. The department hopes that by laying down overarching policy positions, the National AI Policy will enable the development of tailored strategies that leverage AI to drive innovation and efficiency in each sector. 

The draft AI Policy Framework outlines key pillars such as robust data governance frameworks, infrastructure enhancement and significant investments in research and innovation, which the department believes are crucial for creating an enabling environment in which AI technologies can thrive and contribute meaningfully to sectors such as healthcare, education and public administration. 

Overall, the draft AI Policy Framework seeks to lay the groundwork for SA to emerge as a leader in AI innovation while addressing challenges and opportunities holistically and sustainably.

• Rosenberg is director and head of digital media & electronic communications practice at Werksmans Attorneys.