Not the time for drafting AI legislation

Artificial Intelligence (AI) is a marvel, a shimmering beacon of human ingenuity. It’s a ladder with every fibre of my being, from its ability to lift still mountains of data to its promise of revolutionising healthcare, education, and industry, AI is the beating heart of a progressive future.

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As a South African, I dream of a nation where AI lifts us from historical shackles, turbocharging economic growth and levelling the playing field. But here’s the provocative stinger: pouring resources into crafting sui generis AI legislation right now is a misstep – a seductive trap that could strangle this vibrant technology in a morass of overregulation. Yes, I’m throwing down the gauntlet, but let’s unpack the respective arguments with legal titans like Sizwe, Snail Ka Mtuze, Masego Morige, and Theshaya Naidoo, whose thoughtful works I’ve devoured with admiration.

Snail Ka Mtuze and Morige, in their compelling piece “Towards Drafting Artificial Intelligence (AI) Legislation in South Africa” argue that a dedicated AI framework is overdue.

They point to the global race – Europe’s AI Act, and China’s innovation-driven policies - and suggest South Africa risks being left behind without a bespoke law. Their case is rooted in our Constitution’s rich soil, where transparent, fairness, and human rights could bloom into AI-specific statutes. A noble vision, a legal scaffold ensuring AI doesn’t amplify bias or erode privacy, tailored to our unique socio-economic tapestry.

Theshaya Naidoo, in her razor-sharp dissertation, initially seems to flirt with this idea too, meticulously dissecting how our fragmented laws – like POPIA and the Patents Act – fail to fully grapple with AI’s complexities. Both works scream urgency: regulate now, or lose control of the beast.