From new regulatory bodies to data sovereignty concerns, South Africa’s draft national AI policy sets out an ambitious blueprint for governing artificial intelligence — and the public has 60 days to shape its final form.
By Staff Writer
Cabinet has published a draft national AI policy that sets out plans for new governance institutions, financial incentives for local innovation and measures to reduce the country’s reliance on foreign technology platforms.
Approved on 25 March 2026 and gazetted on 10 April 2026, the draft policy is open for public comment for 60 days, closing on 10 June 2026.
Developed by the Department of Communications and Digital Technologies (DCDT), the policy builds on an earlier AI framework published in August 2024 and reflects input from businesses, universities and civil society groups. The government has deliberately kept the language broad and flexible — describing the document as a “work in progress” — to encourage wide-ranging feedback.
New oversight bodies and financial incentives
The draft proposes the creation of three new institutions — a National AI Commission, an AI Regulatory Council and an AI Ethics Board — to coordinate strategy, enforce standards and provide redress for citizens harmed by AI systems.
Rather than creating a single all-powerful regulator, the policy proposes a shared oversight model in which several existing government bodies — including those responsible for communications, data protection and competition — would work alongside the new institutions.
Existing laws on data protection, consumer rights and cybercrime would also be updated to cover AI.
To stimulate local innovation, the draft proposes financial incentives — including tax breaks, grants and subsidies — for companies and start-ups developing or adopting AI. The government also plans to invest in the technical infrastructure needed to run AI systems, including high-powered computing facilities, data centres and faster mobile internet networks, to support AI research across the country.
Data sovereignty a key concern
The policy raises concerns about South Africa’s heavy reliance on foreign technology platforms — particularly those based in the United States and China — for storing and processing its data. It calls for a concerted effort to reduce this dependence and keep more control of the country’s data within its own borders, a priority that reflects growing global tensions over who controls digital infrastructure.
Minister stresses equity and inclusion
Minister in the Presidency Khumbudzo Ntshavheni said the policy was designed to ensure “both the benefits and risks brought by AI are evenly distributed across society and generations.” She said it would strengthen the government’s capacity to manage AI effectively while also encouraging “local innovation, job creation and improved access to AI skills.”
Ntshavheni outlined six core pillars underpinning the draft: capacity and talent development, inclusive economic growth, responsible governance, ethical and inclusive AI, cultural preservation alongside global integration, and human-centred deployment. “These core pillars are aimed at promoting the ethical and responsible deployment of AI,” she said, adding that a phased, sector-by-sector approach would be taken as AI risks and needs vary considerably across industries.
From framework to regulation
The draft is the product of more than two years of groundwork. In 2020, a presidential commission first recommended AI governance measures. AI research hubs were established at several South African universities in 2023 and 2024, and a discussion paper on a national AI plan followed in April 2024, ahead of a broader policy framework in August 2024.
Experts have welcomed the publication as a significant step forward. International law firm Baker McKenzie described Cabinet’s approval as “a decisive shift from high-level principles to concrete regulatory development.”
What happens next
After the comment period closes, the DCDT will revise the draft and resubmit it to Cabinet. The policy is set to be finalised during the 2025/26 financial year, with sector-specific guidelines to follow in 2026/27 and full implementation planned for 2027/28.
If adopted, the policy could significantly accelerate South Africa’s digital transformation by channelling public funding into AI research, skills development and infrastructure — though Baker McKenzie cautions that success will depend on effective coordination among government departments and sustained long-term funding.