South Africa has published its draft National Artificial Intelligence Policy for public comment, setting out a regulatory framework that would create three new institutions to oversee AI development in the country.
The 86-page document, gazetted on 10 April by the Department of Communications and Digital Technologies, proposes a National AI Commission, an AI Ethics Board, and an AI Regulatory Authority. Minister Khumbudzo Ntshavheni said the policy aimed to boost local innovation while managing AI’s risks.
Why it matters
South Africa is among the first African nations to propose a comprehensive AI governance framework. The policy will shape how companies develop and deploy AI tools in the country, with implications for investment, jobs, and the rights of citizens affected by automated decision-making.
The six pillars
The draft is structured around 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.
The Superfund
The most unusual provision is an AI Insurance Superfund, a state-backed financial safety net for victims of algorithmic bias and AI-related errors. The fund would provide compensation in cases where automated systems cause measurable harm, a mechanism that goes further than most international AI frameworks.
The debate
Supporters argue the framework provides much-needed guardrails for a technology that is already being deployed in hiring, credit scoring, and public services across South Africa.
Critics, including parts of the technology sector, warn that heavy regulation could stifle innovation in a market that is already struggling to attract AI investment. Baker McKenzie noted in a February briefing that the institutional framework would require significant funding and capacity that government has not yet detailed.
What happens next
Public comments are open for 60 days, closing on 10 June 2026. The Department has indicated it intends to finalise the policy before the end of the year. Parliament’s portfolio committee on communications is expected to hold hearings on the draft.