Abstract:
While the deployment and use of Artificial Intelligence Systems (AIS) have
continued to grow at an exponential rate in the world, it is assumed that
while they have contributed immensely to the economy and society, there
is still the problem on how to hold the AIS legally liable and responsible
just like a juristic person. The corporate sector in South Africa has
intensified the deployment and usage of AIS for their operations. In the
process, these systems are susceptible to commits errors and harms thus making it eligible for accountability. It is against this backdrop of this accountability gap for AIS in the
corporate sector that this study explores existing legislative frameworks
and other laws to seek to hold AIS accountable. The paper stressed that
for there to be a holistic accountability, fragmented legislation for holding
AIS accountable should be harmonised for purposes of effective
accountability. Especially when it relates to decision-making by both
executive management and board of directors. The study has also
explored liability and accountability obligations within the entire value
chain involved in the creation of artificial intelligence systems as the 4IR occupies a central place in full swing in our lives.
The situation in South Africa is precarious because, presently, the AIS
have not been granted clear legal status in any South African statutes. It is pertinent to point out that while there is no legislative framework dealing specifically with AIS and related legal issues in the financial sector such as the banking industry, a raft of legislation is in place to regulate potential risks posed by the use of AIS in the sector in South Africa. The problem is the fragmented way the regulations and legislation have been approached. To curb the lack of accountability by using AIS in the financial sector, this paper broadly accentuates that to bridge the accountability gap, germane provisions of the Constitution, fragmented legislation, and the jurisprudence from the other jurisdictions where AIS accountability is well developed and have the potential to hold AIS responsible for their omissions or commission was explored and useful lessons drawn accordingly.
