Regulating Artificial Intelligence in South African Higher Education Governance: Policy Gaps and Ethical Challenges in the Digital Transformation Era

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DOI: https://doi.org/10.5281/zenodo.23473592

Bopape MA (Department of Public Administration and Management, University of South Africa, South Africa)

Artificial Intelligence in higher education has been revolutionizing the South African education landscape; its impact is increasingly noticeable in administrative functions such as admission, assessment, and resource management. Yet the acceptance of technology has outpaced the development of regulatory regimes. The implementation of AI remains constrained by the lack of national policy frameworks, ethical challenges, and institutional capacity, despite anticipated benefits in efficiency and inclusivity. The theory of Digital Era Governance serves as a theoretical lens to examine how institutions and policy responses may adopt AI’s transformative potential for public administration, driven by transparency and accountability. The research question is: What governance structures and measures in the South African higher education system are appropriate for governing and regulating the ethical, equitable and accountable use of AI in public service delivery? A qualitative policy analysis approach was utilised to examine safeguards against algorithmic bias, opacity, unequal access, and privacy breaches within national regulations and international guidelines. Initial reports indicate that the adoption of AI is rapidly surpassing the creation of regulatory and ethical standards, leading to fears of increased inequalities and diminished trust in higher education institutions’ governance. The study highlights the need for clear national policies, robust ethical oversight, and strengthened administrative capacities to support the ethical use of AI. It positions AI governance in the setting of public sector renewal and inclusive digital transformation, suggesting avenues for South African public authorities to harness AI in the public interest, alongside accountability and equity.