The Draft South Africa National AI Policy was approved by Cabinet and gazetted on 10 April 2026, with a 60-day public comment period ending on 10 June 2026. The final version was due by March 2027, with sector-specific strategies and supporting regulations to follow thereafter. However, the policy has since been withdrawn in a statement by the Communications and Digital Technologies Minister, Solly Malatsi. We are now in a holding pattern as we wait for more information.
Expect draft rules for AI that poses an unacceptable risk by late 2026.
The Draft South Africa National AI Policy is about 86 pages long and includes explanatory notes and the thinking behind South Africa’s AI regulation. After the Socio-Economic Impact Assessment System (SEIAS) certification in early February 2026, the AI policy secured concurrence across all Director-General clusters. At its core, the Draft South Africa National AI Policy emphasises governance outcomes that advance South Africa’s constitutional values. You can read a more detailed overview of the AI Policy.Â
What did the Draft South Africa National AI Policy say?
South Africa’s AI policy promotes the development and ethical deployment of AI through responsible AI governance, among others. The aim is to encourage local innovation, support job creation, and improve access to AI skills. The Draft South Africa National AI Policy recognises that AI deployment and risk profiles differ across sectors. So it promotes managing these risks through a phased, tiered approach. The draft also introduces obligations for high-risk AI developers and mandates the creation of new bodies and an AI superfund.
The policy aims to regulate AI and ensure organisations adopt AI responsibly, while encouraging local innovation.
Have your say on the Draft South Africa National AI Policy
You now have an opportunity to influence and contribute to the final version. Submit your comments by email or ask us to do it for you. The subject line of your comments should be “Draft South Africa National Artificial Intelligence (AI) Policy”. When the Cabinet finally adopts the policy, it will be a result of your input. Thereafter, sectors will be called upon to craft their own implementation strategies. According to the DCDT, the final South Africa National Artificial Intelligence (AI) Policy will be available by October 2026.
Actions you can take
- Consider the impact and decide whether and how to comment by attending a Roundtable on the Draft South Africa National AI Policy. Michalsons will be submitting general comments on behalf of its members.
- Implement an AI Governance programme in your organisation by joining our AI governance programme.
- Govern AI in your organisation by finding out how we can help you with AI Governance and asking us to engage.
- Increasing your understanding by reading a more detailed overview of the AI Policy.
- Know what the Draft South African National AI Policy actually said by reading the full policy.
