Frameworks · South Africa
AI governance frameworks and AI regulation in South Africa
South Africa has no AI-specific law. It governs AI through POPIA, whose section 71 limits decisions based solely on automated profiling, with expectations from the Prudential Authority and the FSCA for financial institutions. The Draft National AI Policy was withdrawn in April 2026 and is being redrafted.
Who regulates AI here
- Information RegulatorEnforces POPIA, including section 71 on automated decisions, receives security compromise reports and grants prior authorisation for higher-risk processing.
- Department of Communications and Digital TechnologiesLeads national AI policy, published the National AI Policy Framework in 2024 and is redrafting the National AI Policy.
- Prudential AuthoritySupervises banks, insurers and market infrastructures, and with the FSCA published the 2025 report on AI in the financial sector and the Joint Standards on IT governance and cybersecurity.
- Financial Sector Conduct AuthorityRegulates how financial institutions treat customers, including disclosure when AI is used in decisions such as credit assessment and insurance pricing.
South Africa
South Africa regulates automated decisions through its data protection law, POPIA.
International
Standards and frameworks that apply across borders. Most organisations use one of these as the backbone of their AI governance, whatever their jurisdiction.
Questions
Does South Africa have an AI law?
No. The Department of Communications and Digital Technologies published a Draft National AI Policy for comment on 10 April 2026 and withdrew it on 26 April 2026, after its reference list was found to contain sources that do not exist. An independent expert review panel is guiding the redraft. POPIA remains the main binding rule for AI that decides things about people.
Does POPIA regulate AI?
It regulates AI wherever it processes personal information. Section 71 limits decisions with legal consequences or a substantial effect that are based solely on automated profiling, and the rest of POPIA, including notice, security, operator contracts, prior authorisation and offshore transfers, applies to every AI system that touches personal information.
Do financial regulators in South Africa have AI rules?
Not AI-specific ones. The FSCA and the Prudential Authority published a joint report on AI in the financial sector on 24 November 2025, calling for model risk management, board oversight, explainability and disclosure, and said sector-wide guidance on ethical AI is envisaged. Joint Standard 1 of 2023 on IT governance and Joint Standard 2 of 2024 on cybersecurity already apply to AI systems.
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