The Legal Nature of Systems of Artificial Intelligence in South Africa.

Systems of Artificial Intelligence (SAI) continue to pervade different aspects of life in South Africa. Despite such growth, there is no definitive legal position as to the legal nature of complex forms of SAI in South Africa. The unforeseeable human-like behaviour of SAI questions the effectiveness of the established areas of law in regulating SAI. This paper investigates the legal nature of SAI and explores the feasibility of granting legal personality to SAI under South African law. The paper employs a doctrinal research approach, exploring some examples established in jurisdictions such as the United States of America, Saudi Arabia, Nigeria and the European Union. This paper argues that flexible development in common law and legislation will effectively regulate the fast-paced advancement of SAI and promote innovation in South Africa. This approach will also be conducive for South African law to cultivate an indigenous approach to determine the legal nature of SAI. This is a call for proactive thinking to match the exponential growth of SAI, the risks it poses, and the need for certainty to allow innovation and development in South Africa. [ABSTRACT FROM AUTHOR]