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An analytical study on the regulation of artificial intelligence in South Africa
Thesis   Open access

An analytical study on the regulation of artificial intelligence in South Africa

Sphesihle Tracy Phakula
LLM, University of Johannesburg
2026
Handle:
https://hdl.handle.net/10210/521551

Abstract

The widespread adoption of artificial intelligence (AI) applications across societal and commercial domains has introduced novel legal complexities. In South Africa, the regulation of AI represents an emergent legal field that currently lacks specific legislative frameworks. As AI's pervasiveness continues to grow, the imperative for regulatory oversight governing its deployment, particularly within the legal sector, becomes increasingly critical. The absence of comprehensive governance surrounding AI has generated ambiguity in legal interpretation and application, thereby establishing a concerning precedent regarding the law's capacity to safeguard individuals from potential AI-related harms. Consequently, this mini dissertation endeavors to explore the ramifications of an unregulated AI landscape in South Africa, drawing upon relevant legislation and case law. Furthermore, given the distinctive attributes of AI, this mini dissertation will also analyse the inherent characteristics of this technology and its classification under various legal categories.
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