Blog

By Tusi Fokane |

Last month, the South African government launched the much-anticipated draft National Artificial Intelligence (AI) Planning discussion document that will guide the development of a national AI strategy and regulatory framework. The draft discussion paper was unveiled by the Department of Communications and Digital Technologies (DCDT) during the National AI Summit.

Consultations on the draft discussion paper are intended to solicit inputs from various stakeholders before the plan is presented to Cabinet, and therefore released formally for public comment. The DCDT also anticipates a series of consultative provincial seminars before the finalisation of the plan.

Furthermore, the DCDT proposes the establishment of an AI Expert Advisory Council to assist in developing a national AI strategy that will inform the final plan. It is anticipated that the Artificial Intelligence Institute of South Africa (AIISA) will also be a key role-player in supporting the DCDT in developing and implementing the plan. 

Speaking at the launch on April 5, 2024, the Communications and Digital Technologies Minister stated that: “public policy making, and frameworks must adapt to address the governance imperatives of AI and emerging technologies to protect globally agreed human rights.” To this end, the draft discussion document outlines six key pillars for the deployment of ethical AI in the country: accountability, inclusivity, safety and reliability, fairness, transparency, and privacy and security.

South Africa’s AI Ethical Considerations   There are future potential AI harms which will require the adoption of a set of human and ethical considerations that have been postulated but where it is less clear what the optimal form of regulation is, such as: Anti-competitive behavior should the provision of key AI models, or other enablers, be concentrated in a small number of players.Risks in robotic or autonomous devices that use AI to decide on actions, such as AI-enabled autonomous cars.Aggressive loss of employment leads to social risks.Criminal behavior or other highly dangerous outcomes.Existential risks should AI “get out of control” and pursue goals detrimental to humanity.   Source: National Artificial Intelligence (AI) Planning Discussion Document, pgs 38-39.

The discussion document also proposes further investment in human capital and skills development for an AI-ready workforce, and a social support fund to mitigate against potential workforce disruptions that may result from AI.

Concerns on the proposed regulatory framework

The discussion paper provides a high-level outline on the regulatory approach, noting that it should be ethical and human-rights centred in order to respond to economic and social challenges. It also hints at the potential for self-regulation, stating that the regulatory framework should be “built on principles, or ethics, and human rights protection that provide guidance for those working on AI and enable even some degree of self-regulation.”

Although not sufficiently detailed, it takes note of concerns related to disinformation and fake news, bias and discrimination, copyright abuse, and privacy and data protection issues. Presumably, the final plan will provide more clarity on the direction of ethical AI regulation that the country intends to adopt.

Some stakeholders have criticised the draft paper, arguing that it fails to adequately prepare the country’s transition to an AI-enabled future. They contend that the current draft is too vague and high-level to elicit any meaningful engagement. They have recommended that the DCDT revise the draft, with stakeholder input, and that the revised version should “outline clear strategies for South Africa, drawing lessons from international practices to both encourage AI development while addressing associated ethical and harm risks effectively.”

An additional concern may be the proposed timelines, as the discussion paper anticipates that the ethics and governance framework, as well as regulations on standards, competition, data, and intellectual property, will only be published in 2025. One commentator noted that “…this is a good start; we now need to pull this through and move with speed.”

In the absence of a national AI framework, media reports indicate that South Africa’s Information Regulator is undertaking research to assess the potential impact of AI in relation to privacy and data protection under the Protection of Personal Information Act, 2013 (POPIA). In the meantime, the Information Regulator has established an AI reference group within its office.

Efforts to address potential AI impact on elections

The regulatory lacuna has resulted in one Member of Parliament questioning the risks of AI-based disinformation and misinformation with respect to the May 29 national election. There have been increasing calls to guard against the proliferation of harmful generative AI through deep-fakes or other disinformation content.

In an effort to ensure the integrity of the electoral process, the Independent Electoral Commission (IEC) has partnered with tech firms to minimise disinformation ahead of the country’s upcoming elections. The partnership aims to proactively address complaints of disinformation through the Real411 platform, without compromising the confidentiality of user data.

In addition, the Information Regulator recently issued a Guidance Note on the Processing of Personal Information of Voters, and the Countering of Misinformation and Disinformation during Elections. The guidance note recognises the right to privacy, and protection of personal information in cases where a person’s “voice and/or image is used without their consent to spread fake messages, particularly in instances where generative artificial intelligence is used.”

Furthermore, the Information Regulator calls on the IEC to issue a code of conduct to address misinformation and disinformation in digital platforms in order to promote free and fair elections. The guidance note further calls on political parties to commit to combating misinformation and disinformation through a statement of commitments related to monitoring the use of AI technologies (including data harvesting, microtargeting, deep fakes, and AI-generated content) in their election campaigns.

Whilst AI undoubtedly presents some risk to the electoral process, there are other stakeholders who are optimistic about the potential for AI to decrease voter apathy particularly amongst the youth, and to contribute to increased voter education and awareness.  Although South Africa seems well-positioned to be a fore-runner in AI deployment, given its advanced tech sector, the delay in crafting a coherent strategic, legal and regulatory framework for the country could hamper its digital transformation ambitions. It is clear that South Africa urgently needs to develop both an AI strategy, as well as a regulatory framework in order to keep up with AI deployment in the country if it hopes to remain competitive.

Announcement |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is a leading centre for research and analysis of information aimed to enable policy makers in the region to understand ICT policy issues, and for various multi-stakeholders to effectively use ICT to improve governance and livelihoods. CIPESA works to defend and expand the digital civic space to enable the protection and promotion of human rights and to enhance innovation and sustainable development. We  focus on disparate actors including government, the private sector, civil society, media, policy makers and multinational institutions. 

CIPESA invites applications from competent companies for pre-qualification for supply of goods, works and services for the period of three years 2024-2027. Interested eligible suppliers are invited to apply for pre-qualification, indicating the category of goods ,works or services they wish to be considered for.

Eligibility.

Prequalification Documents must include copies of the following;

1. Expression of interest to supply specific goods and services.
2. Memorandum and Articles of Association
3. Certificate of incorporation and registration
4. Valid trading license
5. Tax clearance certificates/VAT registration certificate.
6. Evidence of past performance (Contracts, Invoices, LPOs, certificate of completion etc.)
7. Proof of recent financial capability (audited books, bank statements)
8. Bank details in Company name. 
9. Recommendation Letters (3)

Download the Prequalification Documents

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Submission purposes only:

Pre-qualification documents shall only be sent to [email protected] with subject matter  “Bid for Pre-Qualification – code (Indicate code for relevant category  applied for).

Documents must be received not later than 31^st May 2024, at 5:00 pm local time.

Note. Any application received after the deadline will not be accepted.

PLEASE NOTE THAT NO HAND DELIVERED APPLICATIONS WILL BE ACCEPTED.

Announcement |

The USAID Your Rights Activity, which is led by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), aims to expand civic space in Uganda, to pave the way for enhanced democratic freedoms and liberties. The project responds to the shrinking civic space characterised by human rights violations, declining media freedom, hostility towards political opponents and critics, increasing restrictions on civil society, and limited citizen participation. 

The main objectives of the Your Rights Activity include;

1. Improving the environment for media and digital technology;
2. Supporting media to inform, engage, and empower citizens to better understand, demand and exercise their human rights; and
3. Enhancing the capacity of human rights defenders (HRDs), activists, journalists, and civil society organisations (CSOs) to operate effectively.

Under objective 3, CIPESA is working to build the capacity of HRDs and CSOs to embrace digital technologies in their work and to advocate for digital rights in their various forms.

It is against this background that CIPESA is looking for a team of consultants to conduct communication and advocacy needs assessments of 15 selected CSOs working in the area of democracy, human rights and governance. Up to a third of the CSOs will be based upcountry.

Scope of the Assignment

The first phase of the consultancy will involve the development of a tool(s) for the organisational needs assessments. The second phase will involve conducting the needs assessment. In both phases, the consultant(s) will work closely with CIPESA programme staff. 

Key areas of the organisational needs assessment will include the following: 

• Advocacy (including digital) capacity
• Communication (including media and public relations) capacity  
• Gender mainstreaming efforts
• Digitalisation plans
• Incorporation of digital rights in programming

The needs assessment will feed into the development of curriculum for thematic training on digital rights and advocacy. The training will be complemented by mentorship.

Deliverables

1. An inception report.
2. Comprehensive tool(s) for organisational needs assessments.
3. Detailed needs assessment report(s) highlighting key areas for capacity enhancement at the 15 CSOs.
4. Recommendations for curriculum development and mentorship programmes.

Attributes of the Consultants We are Looking For

• Demonstrated experience and expertise in conducting organisational capacity assessments, preferably in the civil society sector.
• Good understanding of the civil society, media, and digital landscape in Uganda. 
• Deep understanding of democracy, human rights, and advocacy issues in Uganda.
• Demonstrated understanding of digital and data-driven advocacy. 
• Demonstrated understanding of strategic communication planning.
• Proficiency in analysing complex organisational structures and identifying capacity gaps.
• Excellent writing skills.
• Ability to work closely with CIPESA programme staff throughout the consultancy.

Submission

Interested consultants are invited to submit proposals outlining the qualifications of the Team Leader and associate(s), proposed methodology, including timelines, and budget to [email protected]. The deadline for submissions is 18:00 (East African Time) on May 24, 2024.