T he Department of Communications and Digital Technologies had published the draft policy on April 10, 2026, heralding it as a significant milestone in establishing a formal AI regulatory framework for South Africa. However, the discovery of "hallucinated" academic references exposed what experts call a critical gap between ambition and execution.

The draft policy had anchored AI governance in the Constitution including the Bill of Rights, aiming to ensure AI systems did not infringe rights to equality, dignity, privacy, and fair labour practices. It drew inspiration from the EU's AI Act and UNESCO's Ten Core Principles while being distinctively centred in the African context through the acknowledgment of Ubuntu.

Legal firm DLA Piper noted that the withdrawal now presents an opportunity to revisit and refine the policy, particularly around government support for AI development, leveraging existing legislation like POPIA, and establishing robust verification mechanisms for AI-generated information.