Cabinet drafts AI policy, approves amendments to reshape SA’s digital future

Cabinet has approved the publication of the draft South African artificial intelligence (AI) policy for public comment.

Minister in the Presidency Khumbudzo Ntshavheni, made the announcement at a media briefing on Thursday, 2 April.

AI policy

Ntshavheni said the aim of the AI policy is to ensure that the benefits and risks of AI are fairly distributed across society and generations.

“The AI policy aims to strengthen government’s ability to regulate and adopt AI responsibly, while encouraging local innovation, supporting job creation and improving access to AI skills.”

According to Ntshavheni, the policy is structured around six core pillars aimed at promoting the responsible development and ethical deployment of AI.

Core pillars

These core pillars include:

• Capacity and talent development
• AI for inclusive growth and job creation
• Responsible governance
• Ethical and inclusive AI
• Cultural preservation and international integration
• Human-centred deployment

“The policy recognises that a phased approach should be adopted, as AI deployment and risk profiles differ across sectors,” Ntshavheni said.

ALSO READ: AI could be a game changer for South Africa, says Malatsi

Regulation

The regulation of AI was first mentioned by Communications and Digital Technologies Minister Solly Malatsi in November 2022, saying there must be a balance for the ethical use of AI in South Africa.

Speaking to The Citizen at the Africa Tech Festival in Cape Town, Malatsi said while artificial intelligence remained largely unregulated in the country, this could change.

“The most important thing is we have to find the balance for the ethical use of AI, so it does not contribute to the spread of deep fakes, misinformation and disinformation. The world’s leading policymakers are grappling with that question, and we will also be grappling with it as we move towards finalising our AI policy, ” Malatsi said.

Existing legislation regulates some activities. These include activities by organisations using AI, as well as the Protection of Personal Information Act (POPIA), the Copyright Act, the Patents Act, and the Competition Act.

Electronic Communications Act

Meanwhile, Cabinet also approved the submission of the Electronic Communications Act (ECA) Bill to parliament.

Ntshavheni said the aim of the Bill is to amend the Electronic Communications Act of 2005.

“The purpose of the proposed amendments is to increase the level of competition in the telecommunications sector and drive down prices.

“The amendments to the Electronic Communications Act are also intended to create an enabling environment for investment with a key focus on reducing regulatory barriers to entry to improve competition and also allow the Independent Communications Authority of South Africa flexibility to regulate the sector,” Ntshavheni said.

Elon Musk and Starlink

One of the individuals who may benefit from the amendment of the ECA Act is Elon Musk and his Starlink internet service.

Talks on launching Starlink in South Africa stalled earlier in 2025 after Musk and US President Donald Trump ramped up public rhetoric against policies such as BEE laws, which mandate that foreign-owned telecoms companies allocate at least 30% of local equity to historically disadvantaged groups, primarily black South Africans.

Musk, who is South African-born, previously claimed Starlink was barred from operating in South Africa because he is not black, an allegation South African officials refuted.

Policy direction

In May, Communications and Digital Technologies Minister Solly Malatsi published a policy direction to provide alternatives, paving the way for the Starlink satellite internet service in the country.

Malatsi issued the directive two days after President Cyril Ramaphosa met US President Donald Trump in Washington to “reset” strained relations following false claims of “white genocide” and attacks on Afrikaner farmers in South Africa – claims also echoed by Musk, who attended the meeting at the White House’s Oval Office.

ECA ‘outdated’

Ntshavheni said the ECA, in its current form, is outdated.

“It has been overtaken by events. Developments in the technology space, including the advent of AI and other innovations, require a different regulatory framework. The Department of Communications is amending a specific chapter because the process must be completed chapter by chapter.

“If you attempt a wholesale amendment of the ECA, you are likely to encounter problems, as some of the amendments will be heavily debated or contested, potentially leading to complications. The ECA amendment is intended to improve South Africa’s legislative and regulatory framework for the sector, in line with the progress that has been registered in the ICT sector. In fact, we no longer speak of ICT; we now refer to digital transformation. Therefore, the regulatory environment must evolve to meet these requirements,” she said.

BEE

While Musk claims Starlink was barred from operating in South Africa because he is not black, Ntshavheni said in South Africa, “BEE is non-negotiable.”

“We will work to improve its efficiency and application, but the transformation and empowerment of black South Africans to achieve economic inclusivity remains non-negotiable. There is no department in this country that will undermine any BEE provisions or transformation goals.

“There will be no accommodations made for individual businesses at the expense of South Africa’s interests. At the same time, there is a need to ensure uniformity in the application of rules across the country for all investors and players, with no specific exceptions. I do not want to speak about any particular company, but it must be clear that, as a country and government, we do not hold a special brief for any one entity,” Ntshavheni said.

Starlink

Starlink remains unavailable in South Africa, despite being operational in neighbouring countries.

Starlink operates thousands of Low-Earth Orbit (LEO) satellites to provide high-speed internet globally.

NOW READ: EFF threatens legal action over plans to offer Elon Musk’s Starlink [VIDEO]