There is a need for a regulatory framework in Africa to protect new innovations including AI. A growing number of African countries have taken steps towards AI regulation and time will tell how these policies will impact AI development. A lot of definitions have been ascribed to AI by relevant stakeholders and policymakers, adopting one definition might therefore prove challenging. For this article, it suffices to define AI as “amachine-based system that is capable of influencing the environment by producing an output (predictions, recommendations or decisions) for a given set of objectives. It uses machine and or human-based data and inputs to (i) perceive real and/or virtual environments. (ii) abstract these perceptions into models through analysis in an automated manner (e.g. with manner learning), or manually and (iii) use model inference to formulate options for outcomes. In simple terms, AI is the science of making machines that simulate human intelligence. However, AI’s ability to simulate human intelligence is at best aspirational. There are various regulatory efforts springing up globally on AI with the objective of balancing the promotion of innovation in a manner that does not inhibit the rights and freedoms of users. The African continent is not left out from these regulatory efforts as there is visible evidence of AI adoption in various sectors of the African economy. This article considers the African AI regulatory framework from the continental, regional and national level. The objective of thisarticle is to provide an overview of Africa’s AI regulatory landscape.

At the continental level, the African Union (AU) has taken some steps to regulate AI with these steps serving as indicators of the African commitment to AI regulation. One key regulatory effort of the AU is the AI working group which was set up in 2019. Its objective is to develop an African position while addressing AI related challenges and developing a well-coordinated frameworkthat will foster growth. The AU is currently looking at ways to promote AI development in the region, and has drawn up, a continental strategy which will in turn give room for harmonized AI regulation across the continent.

Major stakeholders across the African continent such as African Union High-Level Panel on Emerging Technologies (APET), in consultation with NEPAD (New Partnership for Africa’s Development) are looking at ways to address the continental needs in relation to the development of AI. The AU APET in its advisory capacity to member states has set up a robust stakeholders’ engagement to discuss opportunities, challenges and also ways to harness emerging technologies for economic development. The African Union development agency published a policy draft which is a blueprint of AI regulations for African nations. AU has put in place a communication strategy for all relevant stakeholders in order to promote digital transformation, and also orientating the AU citizens on the benefits of integration at the continental level.

At the regional level, the Economic Community of West African States (ECOWAS) has been pushing for the harmonization and implementation of AI policies in West Africa. The ECOWAS Supplementary Act on personal data protection provides that member states should establish a legal framework for the protection of data privacy. The impact of the Act is provided for in chapters 1 and 2 which gives provision for the definition of data processing and protection. Given the criticality of (personal) data to AI, this legal instrument could not have been more relevant. ECOWAS also created a research and innovation program known as the African Forum for Research and Innovation (FARI) which provides grants for yearly regional research. FARI prioritizes regional integration through research, development and competitiveness in science, technology and innovation.

Southern African Development Commission (SADC) which is a regional economic community in the southern part of Africa is also contributing to the development of AI in that region. The SADC comprises 16 countries with the objective of achievingeconomic development, amongst other things. The commission has put in place two strategic plans geared towards regional integration and development. These strategic plans are SADC regional indicative strategic development plan (RISDP 2020-2030) and SADC vision 2050. These plans were approved during the summit in Mozambique in 2020 and are based on three major pillars namely: Industrial Development and Market Integration, Infrastructure Development Supporting Regional Integration and Social and Human Capital Development.

These strategic plans provide a framework for the implementation of the regional agenda and programs which will last for 10years. These strategic plans will deepen integration inthe Southern part of Africa and create a region where citizens enjoy sustainable economic and competitive growth. The region has experienced rapid digitalization in the last few years, the advent of AI technologies have made it easy to use and analyzelarge amount of digital data arising from social and business activities. Nationally, various African countries have taken active steps to set up an AI regulatory framework. Mauritius is one of the African countries that have taken steps to adopt an AI policy in Africa. The foundation for AI regulation in Mauritiuswas put in place by the government of Mauritius with the establishment of a Mauritius Artificial Intelligence Council (MAIC) comprising relevant stakeholders from the public and private sectors to drive AI related activities. Furthermore, their data protection laws include rules which seek to regulate service providers that deploy AI-enabled algorithms.

Egypt is another African country that is taking visible steps towards the regulation of AI through adoption of the EgyptianNational AI Strategy. The strategy is to promote partnership between the government and private sector, create an enabling environment that supports new innovations, building of technology and the digital transformation with the aid of AI in the country, to encourage investment in research and development. The objective of the Egyptian government is to rectify economic imbalances and achieve high sustainable growth. To achieve this, the Egyptian government has made efforts to adopt an economic and social reform program known as the Egyptian Sustainable Development Strategy, aimed at creating a modern, democratic and productive society. The Egyptian national AI strategy is built around two visions: (a) Exploiting AI technologies to support the achievement of Sustainable Development Goals (SDGs), (b) Establishing Egypt as an actor in facilitating regional cooperation. The strategy focuses on four pillars covering the use of AI in government, capacity building, development and international activities.

This article has attempted to consider an overview of the African AI regulatory framework from the continental, regional and national perspective. Based on the findings above, there is evidence that African regulators and stakeholders are not left out of the global AI regulatory effort. There is a lot to be done if the continent is to adopt a favorable approach to AI regulation. This includes updating existing laws tackling traditional AI challenges especially as they affect Africa(ns), from an African perspective. Africa also needs to be consistent in aligning personal data protection instruments at all levels.  Policy makers have a major role to play in ensuring that AI regulatory policies work by creating a conducive environment and favorable system that accommodates AI start-ups while adequately regulating them in a way that ensures development and protection of human rights. Time will tell how the regulatory framework in Africa will fully develop and how these efforts will impact the development of the technology across the continent.