Data centre legislation needs an update

Across Africa, data centres are proliferating rapidly on South African soil, existing in a legal gray area. GOOD lauds the delay of hyperscale data centres in development, but believes legislation must be updated. Data centres in South African building regulations are classified as warehouses, graded by risk factor. A warehouse storing stuffed animals cannot be regulated like one storing explosives, given the rapid growth of data centres.

Legislation has not kept pace. GOOD urges the Minister of DCDT and DTIC to collaborate on the 2024 National Data and Cloud policy, which commits to civil society engagement. However, GOOD argues this isn't enforced. Communities affected by data centres have no input. The Equinix case in Cape Town shows that the Housing Assembly, representing impacted citizens, had to seek legal help to understand the impact.

Their opinion was never considered. These 'warehouses' pose significant risks, such as massive fire danger due to unsuitable sprinkler systems. In the Equinix Cape Town case, Langa and Gugulethu, two vulnerable communities, lie just 100 meters away. Regulations are needed for citizen safety and resource protection. The impact on surrounding communities is often overlooked.

Millions invested in infrastructure may require electricity upgrades, and the benefits of underground fibre construction must be assessed. The questions remain unanswered until legislation is updated. GOOD calls upon DTIC and DCDT to address transparency and civil society involvement. While infrastructure upgrades are vital, unregulated investments risk long-term financial stability and environmental harm.

Without legislative updates, South Africans will lose faith in democratic institutions designed to protect them. A collaborative approach between DTIC, DCDT, stakeholders, civil societies, and the public is crucial.