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Introduction
Artificial Intelligence ("AI") is moving rapidly from boardroom buzzword to operational reality, and South African employers will, in the not-too-distant future, feel the regulatory impact.
The Department of Communications and Digital Technologies ("Department of Communications") has submitted the Draft National AI Policy ("Draft AI Policy") to Cabinet for approval and gazetting in South Africa. It is expected that this will take place this month, in March 2026.
Once approved for gazetting, and upon publication, the Draft AI Policy will then be opened for public consultation - an important aspect in the phase. Afterwards, and following this process, it will then be submitted to Cabinet for approval in view of the final National AI Policy. Ultimately, AI regulations and guidelines will flow from the final National AI Policy.
As government advances with the soon to be published Draft AI Policy, organisations, including in the capacity as employers, will face, amongst a multitude of other aspects, new expectations around responsible usage, data governance, employee monitoring technologies, and algorithmic decision-making. The Department of Communications latest briefing to Parliament shows that the era of unregulated workplace AI is ending sooner than many employers think.
Following the publication of South Africa's National AI Framework in late 2024, and the more recent AI Work Presentation submitted to the Portfolio Committee by the Department of Communications in February 2026, these initiatives together provide a strategic framework to guide government and organisational action. These are expected to shape the "building blocks" or "pillars" of future AI-specific regulations.
In this bulletin, we explore the recent steps taken by the Department of Communications to advance AI regulation in support of South Africa's digital development, drawing on its latest briefing to Parliament.
This must, indeed, be seen as a positive and welcomed move by the Department of Communications as many countries around the world roll out and implement their regulatory laws on AI (including its regulatory impact on employers and organisations). To this end, it has been observed that even more countries have given this area key priority to have their AI laws enacted and implemented sooner rather than later (after undergoing parliamentary/constitutional muster as a part of a country's lawmaking process).
The "To-Be" Regulatory Timeline Every Employer Should Track
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, and 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 2024, the National AI plan was launched at the University of Johannesburg, and, as a result, the AI Policy Framework was published in August 2024. Following this, Socio-Economic Impact Assessment System (SEIAS) certification was granted for the Draft AI Policy.
What This Means for Employers Today and Tomorrow
As set out in the introduction of this bulletin, the Draft AI Policy is expected to be gazetted for public comment in March 2026.
Once the National AI Policy, after public consultation, is published later in 2026/2027, South Africa is expected to move into the implementation of it later in 2027/2028. Focus will be placed on operationalising the policy through the development and enforcement of AI based regulations. The latter will encompass national and sector-specific AI guidelines.
Employers should begin developing, if not done already, workplace-specific AI policies to align with South Africa's evolving national approach to responsible and ethical AI usage.
With the roll out and use of various AI tools in the workplace in South Africa, some of the critical risks presented still need to be managed (by employers and organisations alike) through appropriate risk assessments and governance structures. This is to ultimately manage both the benefits and risks of AI tools.
AI policies may become a standard component of employment law, similar to how the Protection of Personal Information Act, 2013, has reshaped data governance in the workplace. It is thus essential that sector or workplace specific AI strategies be developed as tailored, targeted frameworks designed to integrate artificial intelligence into the unique needs and dynamics of each industry or organisation, rather than applying a generic, "one-size-fits-all" approach. This signals a promising evolution in AI policy development, one that is increasingly attuned to the distinct needs and complexities of different sectors and workplaces.
As South Africa moves toward the publication of the draft National AI Policy, it is evident that the country is steadily building a comprehensive foundation for responsible and sustainable AI adoption. From early initiatives such as the 2020 Presidential Commission Report and the establishment of AI Hubs, to the development of regional strategies and the publication of the National AI Policy Framework, the momentum reflects a deliberate effort to position AI as a driver of growth and progress (including socio-economically) in South Africa, whilst balancing responsible and ethical AI use.
We will, of course, watch this space on the publication of the Draft AI Policy once it is gazetted and will provide a further bulletin on it.
To find the presentation referenced in this bulletin you can access it publicly online on the PMG (Parliamentary Monitoring Group) website 260224DCDT_presentation_to_PCCDT_-_Overview_on_AI.pptx.
This bulletin is authored by Partner Venolan Naidoo, Associate Danelle Plaatjies and Candidate Attorney Sive Ntanjana.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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