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Regulatory gaps in South Africa’s cyber law landscape : the impact of incomplete governance on innovation, privacy and AI development
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Regulatory gaps in South Africa’s cyber law landscape : the impact of incomplete governance on innovation, privacy and AI development

Ramokone Kholofelo Poopedi
LLM, University of Johannesburg
2026
Handle:
https://hdl.handle.net/10210/521552

Abstract

The rapid advance of digital technologies and artificial intelligence (AI) has exposed some structural shortcomings in South Africa’s cyber law framework, in particular with respect to privacy protection, accountability, and regulatory coherence. This dissertation seeks to shed a critical light on the capabilities of South Africa’s legal and policy environment to guide AI and data-driven systems and whether it will be able to deal effectively with future technological risks depending on existing instruments. There is an argument that South Africa’s regulatory framework contains fragmentation, limited institutional capacity and relies heavily on policy-led governance mechanisms which are not legally binding. Although laws including the Protection of Personal Information Act 4 of 2013 (POPIA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Cybercrimes Act 19 of 2020 offer basic rules of cyber governance, they are not developed to control AI systems holistically. It leaves significant gaps in algorithmic accountability, transparency and proactive risk management. Research indicates existing laws are more reactive, and thus, cannot offer the potential for intelligent AI-powered systems to overcome the complexities associated with automated decision making and cross-border data flows. Additionally, institutional fragmentation and capacity limitations undermine the enforcement mechanisms and weaken the legal protections themselves. Through a comparative analysis of the European Union’s (EU) legal framework, particularly the General Data Protection Regulation (GDPR) and the Artificial Intelligence (AI) Act, this dissertation examines how risk based regulatory models and institutional coordination mechanisms might inform South Africa’s developing approach to AI governance. The analysis shows that although comparative perspectives offer valuable guidance, foreign regulatory models cannot simply be transplanted into the South African context without careful adaptation. The dissertation ultimately argues that South Africa needs a coherent and integrated regulatory framework for AI. Such a framework should be grounded in enforceable legal standards, adopt a risk-based approach, strengthen institutional capacity, and...
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