Employers in South Africa can refer to global regulations and standards as well as domestic legislation and policy to ensure their use of AI within the workplace is governed responsibly and in accordance with international best practice.
South Africa does not yet have AI-specific legislation. However, as we have already examined, South African employment laws would govern AI deployment in the workplace and, as we explore below, the country’s privacy regime would also play an important role in governing the deployment of AI-driven systems in the workplace.
Where there are otherwise gaps in South African legislation, employers can look to international frameworks for help in implementing best practice governance frameworks calibrated to the South African legal environment. This will help position their organisations to adapt efficiently as domestic regulation on AI develops. Indeed, South Africa’s draft national AI policy (draft SA AI policy), which we have already examined, references various international trends and instruments that could be considered when determining South Africa’s next AI regulation steps.
South Africa's Protection of Personal Information Act (POPIA) is the closest that South African law currently comes to directly regulating the use of AI. Its provisions are particularly significant in the workplace context.
POPIA regulates the processing of personal and special personal information. In drafting...
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