MINENHLE NZIMANDE | South Africa's legal vacuum on AI must be urgently closed

South Africa’s existing legal framework may not be equipped to handle harm caused by AI, according to Minenhle Nzimane. The article argues that while delict, the Protection of Personal Information Act (POPIA), the Consumer Protection Act (CPA) and constitutional rights on dignity, equality and privacy provide tools, they assume a natural or juristic person who can be identified and held liable. That becomes difficult when AI generates synthetic personal information, acts autonomously, or deepfakes are produced and distributed anonymously across borders. Without legislation addressing accountability, plaintiffs could effectively litigate against an “unknown” defendant—creating a legal vacuum that demands urgent action.