Regulation of AI in South Africa

Tayyibah says that at present, in South Africa and many other regions, there is no comprehensive legislation or framework that governs the use of AI and machine learning in the country. Tayyibah says so much of the utilisation of AI is at its inception which means it is difficult to anticipate all the challenges that face or that we will face in the future whether it relates to the law particularly focusing on data protection and IP infringement.

Tayyibah adds that while South Africa has no specific laws to address AI, some elements of the existing legal framework will impact it- including protecting copyright and preventing unlawful processing of personal information that currently applies. The EU is in the final stages of the Artificial Intelligence Act which adopts a risk-based approach to classify AI tools and prohibits systems that are intended to be manipulative, deceitful, or discriminatory. It also mandates transparency and continuous adversarial testing.