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Al plan could protect SA’S economy – and people

The technology has huge implicatio­ns for the country and the world. Experts say if South Africa fails to prepare, it will be preparing to fail

- Sarah Smit

The South African government has started drafting a plan in preparatio­n for what looks to be an economy-shaping artificial intelligen­ce (AI) boom. And, although some have already criticised this first step, others are relieved that the government is making the effort. Because what is clear is that, without planning, the country’s economy — and people — will be left vulnerable, while also missing out on a game-changing opportunit­y.

In late March, the department of communicat­ions and digital technologi­es published a 53-page discussion document outlining South Africa’s current AI landscape, the pitfalls and opportunit­ies presented by this technology, as well as timelines for adopting a plan.

The document — which was slammed by some commentato­rs for failing to present a coherent approach to AI policy — envisions that South Africa will develop a regulatory framework between now and 2027. Among other things, the document proposes that the government invest in locally developed AI solutions.

In drafting the plan, South Africa is following the lead of a number of other countries, including members of the European Union, which passed the world’s first comprehens­ive AI law in March this year.

In April, Nigeria’s government drew on the expertise of 120 researcher­s and practition­ers to develop a national AI strategy, which has reportedly already attracted $3.5 million in seed funding. The developmen­t gives Africa’s biggest economy a head start in the race for AI innovation and regulation on the continent.

Meanwhile, AI is at the centre of the unfolding Cold War between China and the US. Just this week the latter country’s authoritie­s announced new steps towards managing Ai-related risks. And through its strategy, initiated back in 2017, China has ambitions of becoming the centre of AI innovation by 2030.

Remarking on the need for South Africa to implement its own plan, Leanne Mostert, a partner at Webber Wentzel and a commercial intellectu­al property law expert, said: “AI can be used in ways that we have never anticipate­d. It can be used on a wider scale than has ever been anticipate­d.”

In creating a plan, countries such as South Africa will have to balance the risks associated with AI — including the spread of disinforma­tion through deepfakes and the like, as well as data breaches — against what Mostert describes as “the enormous positives” of the technology.

Last April, Goldman Sachs made a bullish proclamati­on on the positive economic effects of breakthrou­ghs in generative AI, such as CHATGPT.

According to the investment banking giant, as tools like these work their way into businesses and society, they could drive a 7% increase in global GDP and lift productivi­ty growth by 1.5 percentage points over a 10-year period.

But the positives aren’t only economic.

Also last year, an article published in peerreview­ed science journal Heliyon noted that AI may play a key role in accelerati­ng drug design by avoiding costly timeconsum­ing laboratory work.

But, if patent legislatio­n does not adapt to AI’S emergence, these discoverie­s won’t be protected. Current legislatio­n protects human-created innovation­s.

“It is so important that we come to some sort of landing on how we’re going to approach these things, because there are going to be huge advancemen­ts in drug discovery and things like that,” Mostert said.

“And we can’t protect these advancemen­ts, who is going to put the money in to take those drugs through trials when it’s an enormously expensive process to take them to market? … So it is going to be very important to evolve our legislatio­n or create new legislatio­n to deal with these questions, which have never been raised before.”

The government’s discussion document underlines the importance of attracting investment — something the country has struggled to do in the midst of regulatory uncertaint­y.

This investment strike could extend to AI advancemen­ts, given the hurdles that exist in commercial­ising South African-owned intellectu­al property.

“Until we can improve that whole framework … then we have not created an environmen­t that fosters this developmen­t,” Mostert said.

“The draft strategy says we must immediatel­y support AI start-ups and create an innovation pipeline. And I agree. But I’m not sure that we don’t need to urgently address those other things if we are ever to be a place that attracts these types of skills and businesses.”

AI ethics policy researcher Emma Ruttkamp-bloem agreed that South Africa needs an AI strategy, saying: “It is absolutely imperative to have a plan … This is a technology that affects every sector from agricultur­e to fintech. It has immense potential for good. It can help developing countries to progress much faster. But it comes at a price if one isn’t prepared for it.”

Over and above some of the more commonly understood risks, AI has the potential to exacerbate existing inequaliti­es given its tendency to repeat existing data patterns. “It doesn’t have the ability to weigh up consequenc­es. It will simply latch onto a pattern and generate outcomes based on that,” Ruttkampbl­oem said.

“So in South Africa, which has huge social inequaliti­es, it will be disastrous if certain social groups are excluded from access to education or from receiving mortgages. For us, that is the biggest negative consequenc­e.”

In addition to addressing potential holes in South Africa’s regulatory framework, the country will also need to improve its infrastruc­ture, Ruttkamp-bloem added. The country’s failing energy infrastruc­ture is an obvious hurdle to AI innovation­s.

“There is a lot of potential in South Africa, but none of that can be fully realised if there isn’t a plan of some kind,” she said.

Remarking on the type of effort that will have to go into developing and implementi­ng such a plan, Ruttkamp-bloem said: “It’s not something that can be done overnight.”

“To just get legislatio­n set up can take a very long time. But you also have to take into account that the different social, political and ethical concerns around the deployment of AI technology arise in different sectors,” she added, suggesting that South Africa would need a dedicated department that focuses on AI.

In the face of the country’s many pressing problems — such as energy and water insecurity — the state doesn’t have the luxury of neglecting to address Ai-related issues, according to Ruttkamp-bloem.

“This is not a technology that we can stop. It is not as if one can choose not to engage with this technology. Because this is how the world works now,” she said.

“And also, it has the potential to solve basic issues … There are a lot of really pressing aspects of ordinary life in South Africa that can in fact be solved faster if we have the infrastruc­ture and engage responsibl­y with AI.”

‘It doesn’t have the ability to weigh up consequenc­es. It will simply latch onto a pattern and generate outcomes based on that’

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