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Introduction
On 10 April 2026, the Department of Communications and Digital Technologies (Department) published the Draft South Africa National AI Policy (Draft AI Policy) for public comment. This 60-day public comment period ends on 10 June 2026. It is anticipated that the National AI Policy will be finalised by the end of the 2026/2027 financial year, with sectoral strategies and supporting regulatory frameworks rolling out from 2027/2028.
What we know
The Draft AI Policy is based on the South African National Artificial Intelligence Policy Framework of August 2024, with various submissions having been received on this framework and consultations having taken place with government structures.
The Draft AI Policy is an early-stage record of the government’s current thinking on the topic and should in no way be considered “a strict indication of South Africa’s final approach to the AI policy landscape”. It however establishes, as an important step, South Africa’s proposed national framework for the ethical, inclusive, and human centred governance of AI, which must be aligned with the Constitution and national development priorities. This will, undoubtedly, play a critical guide in the culmination of South Africa’s National AI policy.
Focus of the Draft AI Policy
The Draft AI Policy focuses on AI being used as a tool without necessarily violating the Bill of Rights as enshrined in our Constitution.
In this regard and seemingly premised primarily on curtailing the concern of AI replacing human judgement in critical contexts, human control over AI is treated as a foundational requirement in the Draft AI Policy.
The Draft AI Policy emphasises the need for human oversight and accountability, alongside explainable and transparent AI systems. This would allow individuals to understand how AI system outcomes are reached. It accordingly encapsulates various strategic pillars, including:
- Strategic Pillar 1: Capacity and Talent Development;
- Strategic Pillar 2: AI for Inclusive Growth and Job Creation;
- Strategic Pillar 3: Responsible Governance;
- Strategic Pillar 4: Ethical and Inclusive AI;
- Strategic Pillar 5: Cultural Preservation and International Integration; and
- Strategic Pillar 6: Human-Centred Deployment
Special safeguards are required for high‑risk applications and for vulnerable groups, ensuring that AI‑driven decisions remain contestable and open to review or appeal.
Staged Implementation Approach
With the Draft AI Policy having been published a few days ago, the process has now entered the early phase of what the Department refers to as “Year 2 (2026/27)”. This phase of the staged implementation approach adopted by the Department focuses on –
- publishing the National AI Policy Guidelines;
- implementing regulatory requirements for high‑risk AI use cases;
- identifying and publishing draft requirements for medium-risk and low‑risk AI use cases;
- developing and adopting sector‑specific AI strategies; and
- commencing the design of the institutional framework and funding approach.
These actions aim to lay the foundation for “Year 3 (2027/28)”, during which all remaining policy interventions will be addressed, and ultimately, implemented.
The Draft AI Policy further contemplates the policy framework undergoing comprehensive review every three years, or earlier if triggered by significant technological or legislative shifts.
Period for Public Comment
Members of the public are invited to participate in the consultation process on the Draft AI Policy. Written comments, inputs or representations may be submitted electronically to aipolicy@dcdt.gov.za, or alternatively, you may contact us should you require assistance in preparing and submitting comments. Submissions must be received within 60-days of the date of publication, with the final deadline being 10 June 2026 at 16h00. When submitting, please ensure that the email subject line reads “Draft South Africa National Artificial Intelligence (AI) Policy”.
A copy of the Draft AI Policy is available at Draft South Africa National Artificial Intelligence (Al) Policy.
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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