Part 2: Emerging AI Governance in Africa

This is Part 2 of our toolkit series on AI Governance for Africa. It examines emerging AI governance instruments and approaches on the continent, with a focus on Southern Africa – in particular, South Africa, Zambia, and Zimbabwe.

Part 1 of this toolkit was a general introduction to AI governance, the issues which AI may cause if unregulated, and best practices in formulating governance frameworks. The purpose of this part, Part 2, is to examine what measures have been taken towards AI governance in Africa, both regionally and domestically. We focus specifically on the South African, Zambian, and Zimbabwean contexts.

The awareness of the benefits of AI is coupled with an acknowledgment of the myriad risks and challenges it poses. These include the common challenges around discrimination, bias and fairness, transparency, accountability, and data privacy.^[1] However, there is also an acknowledgment of the unique challenges faced on the continent including digital inequalities, the lack of a structured data ecosystem^[2] and concerns around access. This has prompted calls for context-specific responses. As noted by the African Union High-Level Panel on Emerging Technologies (APET) and the African Union Development Agency (AUDA-NEPAD):^[3]

Africa’s collective efforts cannot afford to continue with the habit of seeking for already-made solutions, from some other contexts attempting to counter African problems, as a matter of course. It should be noted that African problems are African context defined, and so, should be the approach to AI solution provisioning, which should be African home-grown.

AI is a policy concern for the continent and the African Union (AU) has encouraged the implementation of governance measures. In this regard, it was noted:

It is critical to have policies and regulatory frameworks in place that promote productive AI harnessing, by encouraging innovation and investment. AU should encourage African governments to take deliberate and proactive approach, to implement supportive regulation, policies, and initiatives.[4]

Next: The continental response

References

[1] African Union High-Level Panel on Emerging Technologies (APET) and the African Union Development Agency (AUDA-NEPAD) AI for Africa: Artificial intelligence for Africa’s Socio-Economic Development (2023) at page 50 (AUDA-NEPAD Report).

[2] For more information about these challenges, see Abdessalam Jaldi Artificial Intelligence Revolution in Africa: Economic Opportunities and Legal Challenges (July 2023).

[3] Above n 1 at page 49.

[4] Above n 1 at page 45.

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Part 1: Introduction to AI Governance

Part 1 gives an overview of AI governance principles and approaches, and outlines international frameworks, with case studies from the European Union, the United States, and China. It discusses common concerns and themes driving AI governance.

Part 3: Advocacy Strategies for AI Governance

Part 3 explores a series of key questions for the design of advocacy strategies on AI governance, particularly in African contexts.