The South African Human Rights Commission (SAHRC) is undertaking a high-level stakeholder engagement to determine the human rights implications of the rapid expansion of data centres and digital infrastructure in South Africa.

The commission aims to assess whether current legal, regulatory, environmental, governance and industry frameworks governing data centre development are aligned with constitutional obligations, international human rights standards, and recognised best- practice principles, including business and human rights standards.

The SAHRC is mandated by Section 184 of the Constitution and Sections 13 and 18 of the South African Human Rights Commission Act 40 of 2013 to monitor, assess, investigate and report on the observance of human rights in South Africa, including emerging systemic issues which may affect constitutional rights and freedoms.

In line with this mandate, the SAHRC is inviting written submissions from interested stakeholders, experts, communities, industry actors, civil society organisations, technical experts, academics, industry representatives, regulators, organs of State and other interested stakeholders, as South Africa experiences significant growth in the establishment and expansion of data centres, cloud infrastructure and related digital systems.

The SAHRC says that, while these developments may support economic growth, digital transformation and AI readiness, they also raise major human rights, environmental, governance and public-interest concerns.

The commission says it has noted increasing public discourse and concern relating to matters including electricity demand and energy sustainability; increasing electricity tariffs, water use and cooling requirements; environmental impact and climate considerations; and e-waste management.

Also under scrutiny are land use and community participation; data protection and privacy; transparency and accountability; business and human rights responsibilities; equitable access to digital infrastructure; and the adequacy of existing regulatory and oversight frameworks.

The SAHRC calls for written submissions on themes including the human rights impacts associated with data centre development; environmental sustainability, including electricity and water use; climate and environmental justice considerations; community consultation and public participation processes; and privacy, data protection and cybersecurity.

Other themes include business and human rights due diligence; transparency, governance and accountability mechanisms; international and comparative best practice frameworks; regulatory gaps or compliance concerns; and recommendations for rights-based governance and oversight.

The submissions process will inform a future stakeholder engagement convened by the SAHRC, as well as possible policy guidance and recommendations to Parliament and relevant organs of State, where appropriate.

The closing date for submissions is July 30.