HEALTH AND SAFETY •
POPIA prohibits the processing of personal information for purposes of fully automated decisionmaking unless such processing is subject to human oversight.
reporting ESG metrics, boards and management must ensure that these tools are governed responsibly. This includes incorporating appropriate human oversight and aligning with recognised ESG reporting frameworks and best practices.
King V Code The King Code of Corporate Governance, while not binding legislation, remains the cornerstone of ethical leadership, transparency and sustainable value creation in South Africa. The latest iteration, the draft King V Code of Corporate Governance, was released for public comment in 2025.
King V represents an evolution from King IV, with a strong emphasis on the integration of ESG and technology into governance practices. It explicitly anticipates oversight of AI and emerging technologies, requiring governing bodies to consider ethical use, data protection, cybersecurity and stakeholder impact.
For South African boards, King V reinforces the principle that AI, data and ESG are not peripheral concerns but integral components of responsible corporate governance.
National AI policy In October 2024, South Africa reached a significant milestone with the release of the National AI Policy Framework by the Department of Communications and Digital Technologies. The framework sets out a national vision for AI that is ethical, inclusive and aligned with constitutional values. It identifies strategic pillars such as fairness and bias mitigation, transparency and explainability, human oversight, privacy protection and environmental sustainability. The framework signals the direction of future AI regulation in South Africa by aligning AI governance with ethical environmental and social objectives. It underscores that AI systems must serve not only economic growth but also social equity and environmental stewardship.
The policy marks the first formal step toward developing comprehensive AI regulation in South Africa, potentially culminating in the codification of these guiding principles.
AI represents the next horizon for ESG. As technology evolves, so too must governance frameworks. There is a clear need for regulation that addresses not only AI itself but also privacy, accountability and data protection in AIdriven decision-making. In South Africa, the absence of a dedicated AI legal and regulatory framework presents both a challenge and an opportunity.
As AI and data continue to redefine the ESG landscape, governance must evolve in tandem with technological progress. South Africa, while currently relying on instruments like POPIA and the King Code, stands at a pivotal moment. The National AI Policy Framework sets a promising foundation, but dedicated regulation is essential to ensure that AI serves as a tool for ethical, transparent and socially responsible governance. The challenge now is to move from principle to practice whilst establishing laws and standards that safeguard rights, foster innovation and align AI use with the broader goals of sustainable development. •
Supplied by Webber Wentzel Supplied by Webber Wentzel Supplied by Webber Wentzel
Prineil Padayachy, senior associate at Webber Wentzel.
Ilhaam Fredericks, candidate attorney at Webber Wentzel.
Sinalo Matubatuba, candidate attorney at Webber Wentzel.
As AI and data continue to redefine the ESG landscape, governance must evolve in tandem with technological progress. www. africanmining. co. za African Mining Publication African Mining African Mining • January 2026 • 57