{"id":3848,"date":"2026-04-03T18:29:14","date_gmt":"2026-04-03T18:29:14","guid":{"rendered":"https:\/\/itlawco.com\/?p=3848"},"modified":"2026-04-11T07:17:16","modified_gmt":"2026-04-11T07:17:16","slug":"south-africas-draft-national-ai-policy-open-for-public-comment","status":"publish","type":"post","link":"https:\/\/itlawco.com\/fr\/south-africas-draft-national-ai-policy-open-for-public-comment\/","title":{"rendered":"South Africa\u2019s draft national AI policy open for public comment"},"content":{"rendered":"\n\t\t
<\/div><\/div><\/div>
\n\t
\n\t\t
\n\t\t\t
\n\t\t\t\t\n
\n\t

Cabinet\u2019s approval of the draft National AI Policy for public comment marks a turning point for AI governance in South Africa. We explain what the policy says, who it affects, and what to do next.<\/strong><\/p>\n<\/div>\n\n\n\n\n

\n\t

\nUpdate \u2014 10 April 2026:<\/strong> The draft National AI Policy has been formally gazetted. It appears as Notice 3880 of 2026 in Government Gazette No. 54477, dated 10 April 2026. Comments must be submitted by 10 June 2026 at 16h00<\/strong>. See the submission details below. The full policy document (86 pages) is available here<\/a>.\n<\/p><\/blockquote>\n<\/div>\n\n\n\n\n

\n\t

What has happened?<\/h2>\n

On 2 April 2026, Minister in the Presidency Khumbudzo Ntshavheni<\/a> announced that Cabinet had approved the publication of South Africa’s draft National Artificial Intelligence Policy for public comment \u2014 a milestone years in the making, and one that signals a decisive shift from aspiration to action.<\/p>\n

The announcement was made at a media briefing in Pretoria and confirmed by the South African Government News Service. For businesses deploying AI systems, workers anxious about automation, and individuals whose lives are increasingly shaped by algorithmic decisions, this policy matters.<\/p>\n<\/div>\n\n\n\n\n

\n\t

Background: how did we get here?<\/h2>\n

South Africa\u2019s path to an AI policy has been deliberate. Work on an AI framework began in 2020, following the Presidential Commission on the Fourth Industrial Revolution (PC4IR)<\/a>. In 2021, South Africa led the development of an AI blueprint for the African Union, and AI hubs were established at universities across the country.<\/p>\n

The most concrete precursor came in August 2024, when the Department of Communications and Digital Technologies (DCDT) published the National AI Policy Framework<\/a>\u2014a document benchmarking strategies from the Netherlands, Chile, Thailand, Norway, Rwanda, and the EU AI Act.<\/p>\n

On 24 February 2026, the DCDT briefed Parliament and confirmed the full draft had cleared the Socio-Economic Impact Assessment System and achieved concurrence across all Director-General clusters. Cabinet approval followed on 2 April 2026. The public comment period is next.<\/p>\n<\/div>\n\n\n\n\n

\n\t

What does the policy set out to do?<\/h2>\n

The draft policy is structured around a single animating principle: that the benefits and risks of artificial intelligence must be fairly distributed across society and across generations.<\/p>\n

It is built on six core pillars:<\/p>\n

1. Capacity and talent development<\/h3>\n

Building the national AI skills base through education, training, and industry collaboration, supported by improved digital infrastructure and connectivity.<\/p>\n

2. AI for inclusive growth and job creation<\/h3>\n

Positioning AI as a driver of broad-based economic participation, not just efficiency gains for the already advantaged.<\/p>\n

3. Responsible governance<\/h3>\n

Establishing clear accountability frameworks, including safeguards around data misuse, cybersecurity, misinformation, and deepfakes.<\/p>\n

4. Ethical and inclusive AI<\/h3>\n

Centring fairness and bias mitigation to ensure AI systems do not entrench discrimination or exclude vulnerable communities.<\/p>\n

5. Cultural preservation and international integration<\/h3>\n

Protecting South Africa’s linguistic and cultural diversity while engaging constructively with global AI developments.<\/p>\n

6. Human-centred deployment<\/h3>\n

Keeping people\u2014not systems\u2014at the heart of how AI is adopted and used.<\/p>\n<\/div>\n\n\n\n\n

\n\t

What regulatory model has government chosen?<\/h2>\n

Rather than establishing a single, dedicated AI regulator, government has opted for a sector-specific, multi-regulator model. AI governance will be embedded within existing supervisory frameworks across industries\u2014financial services, health, education, telecommunications, and others.<\/p>\n

This is a pragmatic choice that allows governance to move faster and leverage existing expertise. The trade-off is coherence: sector-by-sector regulation risks creating a patchwork of standards that is difficult to navigate, particularly for smaller businesses and startups operating across multiple domains.<\/p>\n

How the DCDT intends to coordinate across regulators will be one of the most important questions to raise during the public comment period.<\/p>\n<\/div>\n\n\n\n\n

\n\t

What happens next and when?<\/h2>\n

The policy has been gazetted as Notice 3880 of 2026 in Government Gazette No. 54477 (10 April 2026), opening the formal public comment window.<\/p>\n

\n\n\n\n\n\n\n\n\n
Milestone<\/th>\nDetail<\/th>\n<\/tr>\n<\/thead>\n
Policy gazetted<\/td>\n10 April 2026 \u2014 Government Gazette No. 54477<\/td>\n<\/tr>\n
Public comment period closes<\/td>\n10 June 2026 at 16h00<\/strong> (late submissions may not be considered)<\/td>\n<\/tr>\n
Policy refined and finalised<\/td>\n2026\/2027 financial year<\/td>\n<\/tr>\n
Sector-specific regulations and guidelines<\/td>\n2027\/2028<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

How to submit comments<\/h3>\n

Written comments and enquiries must be directed to:<\/p>\n

\n

The Director-General, Department of Communications and Digital Technologies Attention: Mr M. Mashologu (Deputy Director-General: Digital Society and Economy) Block A, iParioli Office Park, 1166 Park Street, Hatfield, Pretoria Private Bag X860, Pretoria, 0001 Email: aipolicy@dcdt.gov.za<\/a><\/strong><\/p>\n<\/blockquote>\n

All submissions must clearly mark “Draft South Africa National Artificial Intelligence (AI) Policy”<\/strong> in the subject line. Note that submissions are deemed public unless the contributor specifically requests confidentiality under the Promotion of Access to Information Act, 2000.<\/p>\n

The full 86-page policy document is available at www.dcdt.gov.za<\/a> and www.gov.za<\/a>.<\/p>\n<\/div>\n\n\n\n\n

\n\t

What does this mean for you?<\/h2>\n

For businesses and employers<\/h3>\n

Organisations already deploying AI\u2014in hiring, credit scoring, customer service, healthcare, or content moderation\u2014should conduct an internal review of existing AI systems now. Identify high-impact deployments, map data flows, and assess alignment with existing obligations under POPIA<\/a>, the Copyright Act, the Patents Act, and the Competition Act. Begin developing workplace-specific AI policies that reflect the evolving national framework. Participate in the 60-day comment period; early engagement may shape how sector-specific rules are written.<\/p>\n

For legal and compliance professionals<\/h3>\n

Monitor the gazetting process closely. Once published, the 60-day window is short. Review client AI deployments against the six policy pillars and the King V<\/a> governance recommendations. Advise clients to document their AI governance structures before oversight increases.<\/p>\n

For civil society and individuals<\/h3>\n

Questions of algorithmic bias, data rights, worker protection, and digital exclusion will not be adequately addressed if the consultation is dominated by industry voices. Individual and community submissions carry weight. The public comment period is an opportunity to demand a policy that reflects the interests of all South Africans, not only technology companies and large institutions.<\/p>\n<\/div>\n\n\n\n\n

\n\t

FAQs<\/h2>\n<\/div>\n\n\n\n

<\/i>What is South Africa's draft National AI Policy?<\/a><\/h3>
\n
\n\t

It is a government policy document setting out how South Africa intends to regulate, govern, and benefit from artificial intelligence. Once finalised, it will guide sector-specific AI regulations and guidelines across the economy.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>Has the policy been gazetted yet?<\/a><\/h3>
\n
\n\t

Yes. The draft policy was gazetted on 10 April 2026 as Notice 3880 of 2026 in Government Gazette No. 54477. The full 86-page document is available at www.dcdt.gov.za<\/a> and www.gov.za<\/a>.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>How long is the public comment period?<\/a><\/h3>
\n
\n\t

60 days from the date of gazetting. The deadline is 10 June 2026 at 16h00<\/strong>. Late submissions may not be considered.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>Where can I submit public comments?<\/a><\/h3>
\n
\n\t

Submit written comments by email to aipolicy@dcdt.gov.za<\/a><\/strong>, or by post to: The Director-General, DCDT, Attention: Mr M. Mashologu, Block A, iParioli Office Park, 1166 Park Street, Hatfield, Pretoria \/ Private Bag X860, Pretoria, 0001. Mark “Draft South Africa National Artificial Intelligence (AI) Policy” clearly in the subject line.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>What law currently governs AI in South Africa?<\/a><\/h3>
\n
\n\t

There is no dedicated AI law. Existing legislation that regulates certain AI-related activities includes the Protection of Personal Information Act (POPIA), the Copyright Act, the Patents Act, the Competition Act, and other laws.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>When will the final AI policy be in place?<\/a><\/h3>
\n
\n\t

The finalised National AI Policy is expected during the 2026\/2027 financial year, with sector-specific regulations and guidelines to follow in 2027\/2028.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div>

<\/i>Does this policy apply to my business?<\/a><\/h3>
\n
\n\t

If your business uses AI systems in South Africa\u2014particularly in hiring, customer decisions, content generation, or data processing\u2014you are likely within scope. Seek specific legal advice for your situation.<\/p>\n<\/div>\n\n\n\n<\/div><\/div><\/div><\/div>\n

\n\t

The bigger picture<\/h2>\n

South Africa is not legislating in a vacuum. The EU AI Act<\/a> is now in force. The United States is navigating a patchwork of state and federal approaches. African nations\u2014from Kenya to Nigeria to Rwanda\u2014are each developing their own frameworks.<\/p>\n

South Africa’s measured, sector-specific approach reflects a country trying to balance urgency with complexity. There is something admirable in that instinct. There is also real risk in moving too slowly in a technology environment that evolves faster than any policy cycle can comfortably track.<\/p>\n

The draft National AI Policy is an opening bid; an invitation to the country to help define what responsible, inclusive, and genuinely beneficial AI governance looks like. That invitation deserves to be taken seriously.<\/p>\n

When the gazette is published, read the document. Engage. Respond. The rules being written now will govern AI in South Africa for years to come.<\/p>\n<\/div>\n\n\n\n\n

\n\t

How ITLawCo can help<\/h2>\n

South Africa’s AI policy process is moving quickly. Whether you need to understand your current exposure, prepare a submission, or build governance structures ahead of regulation, ITLawCo can assist.<\/p>\n

\n\n\n\n\n\n\n\n\n\n
Who it’s for<\/th>\nWhat we do<\/th>\nOutcome<\/th>\n<\/tr>\n<\/thead>\n
Businesses deploying AI<\/td>\nReview existing AI systems against the draft policy pillars and current obligations under POPIA, the Competition Act, and sector-specific rules<\/td>\nClear picture of compliance gaps and priority actions<\/td>\n<\/tr>\n
Employers<\/td>\nDevelop or update workplace AI policies aligned with the national framework<\/td>\nA defensible, documented governance position ahead of regulation<\/td>\n<\/tr>\n
Legal and compliance teams<\/td>\nAdvise on the regulatory implications of the sector-specific multi-regulator model for your industry<\/td>\nSector-specific risk assessment and readiness plan<\/td>\n<\/tr>\n
Any organisation<\/td>\nDraft and submit public comments on the draft policy during the 60-day comment period<\/td>\nA substantive, well-reasoned submission that reflects your interests<\/td>\n<\/tr>\n
Boards and executives<\/td>\nBriefings on AI governance obligations, King V alignment, and directorial liability in the context of AI deployment<\/td>\nInformed leadership and documented board-level oversight<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Contact us<\/a> to discuss your situation.<\/p>\n<\/div>\n\n\n\n\n

\n\t