UCT research warns SA cannot delay AI regulation
SA needs enforceable AI regulation to address bias, rights violations, fragmented governance and emerging technological risks.
South Africa must move beyond its "wait-and-see" approach to artificial intelligence (AI) regulation, argues University of Cape Town (UCT) PhD candidate Nokuthula Olorunju. In her thesis, "Artificial intelligence, bias and the rule of law: A constitutional approach to the regulation of AI in South Africa," Olorunju contends that the country should establish a binding, constitutional framework to protect human rights while still allowing technological innovation.
Despite South Africa previously prioritizing other regulatory matters, Olorunju asserts that the rapid expansion of AI necessitates the creation of an effective regulatory framework. The research, which utilizes theoretical, doctrinal, and comparative methodologies, suggests that South Africa should adopt a hybrid framework to address fragmentation, weak implementation, and legal silos, which can create opportunities for AI misuse.
This approach would involve clarifying conflicting mandates, establishing an interdisciplinary AI oversight body, and avoiding unnecessary duplication of governance structures. Olorunju emphasizes that existing legislation, ethical principles, and self-regulation are insufficient to address AI risks, as they lack legal force and can result in organizations selecting convenient principles.
The complexity of AI necessitates an interdisciplinary approach, bringing together experts from various fields to inform legislation and support its implementation. Human rights are central to Olorunju's proposal, as AI systems can reproduce and potentially exacerbate existing inequalities. South Africa's history of racial and gender biases, digital divide, and lack of access to technology, among other factors, further underscores the need for AI regulation grounded in the country's constitutional framework.
Olorunju advocates for regulatory adaptability and sustainability, acknowledging that AI regulation must balance protecting rights and fostering technological innovation and investment.
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