South Africa appeared to take a significant step toward regulating artificial intelligence when, on 10 April 2026, the Department of Communications and Digital Technologies published its Draft National AI Policy for public comment. The policy was presented as a foundational framework for governing artificial intelligence in the future, signalling a clear intention to move toward formal regulation across industries.
The draft policy aligned South Africa with growing international efforts to regulate AI through a risk-based approach. It proposed distinguishing between varying levels of AI risk, with heightened scrutiny for systems used in areas such as recruitment, credit scoring, healthcare, law enforcement, and other environments where automated decision-making may materially affect individuals.
At its core, the draft reflected an important shift in regulatory thinking: AI would no longer exist solely as a space for rapid innovation, but increasingly as one requiring structured oversight, accountability, and governance.
One of the most notable principles contained in the draft was the concept of human accountability. The policy emphasised that responsibility for AI-assisted decisions ultimately lies with the organisations that deploy such systems. This reinforced the growing expectation that businesses cannot rely on automation without ensuring meaningful human oversight, transparency, and the ability to explain outcomes where necessary.
The draft also proposed establishing dedicated governance institutions, including a National AI Commission and an AI Ethics Board, to create a coordinated framework for ethical oversight and implementation. In addition, the policy highlighted concerns around data sovereignty, particularly regarding cross-border data movement and reliance on foreign-developed AI systems. This suggested that businesses could, in future, face increased obligations relating to data storage, processing, and compliance with South African legal standards.
For many businesses, the publication of the draft policy signalled an important moment: the need to begin assessing how AI is currently used within operations, identify high-risk applications, and consider how existing legal frameworks, including data protection, consumer protection, and corporate governance obligations, may intersect with AI deployment.
However, shortly after publication, the policy became the subject of controversy.
South Africa has since withdrawn the draft national AI policy after concerns emerged that portions of its reference list contained fictitious sources that appeared to be AI-generated. Minister of Communications and Digital Technologies, publicly acknowledged the issue, stating that the most plausible explanation was that AI-generated citations had been included without sufficient human verification.
The incident presents an irony that is difficult to ignore: a draft policy intended to regulate artificial intelligence ultimately highlighted the very risks it sought to address.
More importantly, it reinforces a lesson that applies not only to government but also to businesses increasingly relying on AI systems, artificial intelligence remains a tool, not a substitute for professional oversight, scrutiny, or accountability.
The withdrawal of the draft policy does not mean South Africa’s regulatory ambitions have disappeared. Rather, it suggests that a revised framework is likely to emerge in due course, potentially under greater scrutiny and with stronger emphasis on verification, governance, and credibility.
For businesses, the broader message remains unchanged. AI regulation is coming. Whether through a revised national framework, sector-specific rules, or evolving global standards, organisations should not wait for legislation to become final before taking proactive steps. South Africa’s brief publication and swift withdrawal of its AI policy serves as a reminder that the conversation around AI regulation is no longer theoretical. While the country’s first attempt may have stumbled, it nevertheless demonstrates that regulatory momentum is building.
Nicolene Schoeman-Louw | Managing Director
Robyn Shepherd | Director
