SA confirms review of national AI policy

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The committee tasked with reviewing South Africa’s troubled national AI policy includes two lawyers.

The South African government has confirmed the withdrawal of its national AI policy, which is being reconsidered by a seven-member committee, including two lawyers.

The policy was rescinded in April after an internal investigation revealed that the policy itself had been drafted by artificial intelligence and included fictitious sources. In May, Communications and Digital Technologies Minister Solly Malatsi announced a review led by Professor Benjamin Rothman of the University of the Witwatersrand (Wits), an expert in AI and computing.

At a meeting earlier this month, the Cabinet approved the withdrawal of the policy, pending review. In a June 5 statement reported by government media, SA NewsMinister in the Office of the President Khumbudzo Nshaveni said the departure would “enable a review of AI policy to ensure it achieves its intended goals and establish national standards for the ethical use of AI”.

expert committee

Professor Rothman was joined on the panel by technology start-up Relapa AI and Professor Vukosi Maribate from the University of Pretoria. Professor Alison Gilwald, founding director of think tank Research ICT Africa and the University of Cape Town (UCT); Dr. Tshepo Fila of the National Planning Commission; Dr Jabu Mtsweni from the Council for Scientific and Industrial Research (CSIR). The two lawyers are Heather Irvin, a partner at Bowmans in Johannesburg, and defense lawyer Rufuno Sikalange.

In a Wits statement, Professor Rothman said his aim was to “ensure that policy is based on strong evidence and South Africa’s realities. This means we need to consider carefully where AI is likely to have the greatest positive impact and where the risks are most acute, and what institutional capacity is needed to manage and use these technologies.”

He added: “For me, policy has to do three things at the same time: protect people from real harm, enable innovation and economic growth, and build long-term national capacity. If we only regulate, we miss opportunities, but if we only pursue innovation, we can deepen inequality and create new risks. So the challenge for us is to get that balance right.”

legal input

Later, Irvine and other panel members admitted their involvement. The competition lawyer, who joined Bowmans from Norton Rose Fulbright (now Denny’s South Africa) in 2019, writes: linkedin She said: “I am really excited about this opportunity to contribute to such an important project for South Africa.”

Earlier this year, Irvin wrote: ALB On the objectives of competition policy enforcement across Africa.

A fellow lawyer, Mr. Shikalange is an advocate specializing in technology law and executive director of cyber legal consultancy Orizur Consulting Enterprises, and has worked on various government committees and departments. The defender wrote: linkedin Last month: “We look forward to the support of the industry as we embark on this important journey.”

In April, the Competition Commission announced a review of South Africa’s business regulations, and in May last year, South Africa became one of 52 countries to sign the African Declaration on Artificial Intelligence. A report published in January by British law firm Shoosmiths found that companies expect AI to lead to increased litigation risks.



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