The Draft National AI Policy Has Been Pulled — Here’s What the Next One Should Look Like

Why It Matters

Without a robust AI policy, South Africa risks lagging in AI‑driven growth and facing penalties under international rules. A credible framework is essential for data sovereignty, innovation, and regulatory compliance.

Key Takeaways

• Draft policy withdrawn over fabricated citations
• Experts cite rushed, bureaucratic drafting process
• Call for flexible, evolving AI regulatory framework
• Need external board and multi‑sector stakeholder input
• Emphasis on data sovereignty and compliance with EU AI Act

Pulse Analysis

South Africa has long been viewed as a frontrunner in Africa’s AI regulatory race, joining Nigeria, Kenya and Egypt in drafting a national framework. The recent withdrawal of the draft policy by Communications Minister Solly Malatsi sent a jolt through the tech community, exposing how a rushed document can undermine credibility. While the draft promised to align the country with global standards, its reliance on fabricated citations and a top‑down approach raised questions about the readiness of the Department of Communications and Digital Technology to steward such a complex agenda.

The episode underscores two governance failures that any future AI law must address. First, the reliance on AI‑generated references without human verification erodes trust and can breach emerging regulations such as the EU AI Act, which mandates disclosure of synthetic content. Second, the draft’s narrow focus ignored broader data‑sovereignty concerns, leaving local firms vulnerable to foreign data exploitation. Experts like Ben Rosman and Chris Coetzee argue that a robust policy needs a transparent citation process, strong oversight, and explicit provisions protecting South African data assets.

Policymakers now face a clear roadmap: build an iterative, comment‑driven framework overseen by an independent board of AI scholars, industry leaders, and civil‑society representatives. Such a body can ensure the policy evolves alongside rapid AI advances, incorporates sector‑wide input, and safeguards national interests. Aligning the final legislation with international benchmarks like the EU AI Act will not only avoid costly penalties but also signal to investors that South Africa offers a stable, forward‑looking regulatory environment for AI innovation.