'Most Notably' (2 March 2026)

This week's 'Most Notably' begins by drawing attention to an issue raised during a recent meeting of the National Assembly's Communications & Digital Technologies Committee: the abuse of AI technology to denigrate women.

Following a briefing from departmental officials on the work now under way in developing a national AI policy, only one committee member raised the issue. Chairing the meeting in the absence of Khusela Diko, Shaik Imraan Subrathie asked what can be done about the use of AI to "undress real human beings", referring to "females" and Grok in particular. Drawing attention to what he described as a "regulatory vacuum without any ... oversight", Subrathie expressed dismay about the absence of "any kind of condemnation ... in the government space ... any kind of guidelines or any kind of interim conscientisation" to raise awareness of the perils of AI abuse in the context of human rights.

The Sheik's question was ignored – which he noted. However, with several more agenda items requiring the committee's attention, Subrathie simply underscored the need for "interim relief and regulations" to curb the "societal harm AI is doing" with impunity as the policy development process unfolds. According to a presentation document circulated at the meeting, policy proposals could be released as early as this month for public comment.

National health insurance (NHI)

Against the backdrop of "litigation ... initiated by various parties against the President and the Minister of Health", the Presidency issued a media statement confirming that – pending a Constitutional Court ruling on the issues concerned – the 2023 National Health Insurance Act's (NHI Act's) commencement has been put on hold. This followed an agreement recently reached between national government, trade union Solidarity and various other parties in the Gauteng High Court (Pretoria). According to a Solidarity press release on the agreement, the trade union's litigation is also "on hold".

Among other things, the Presidency statement referred to Constitutional Court hearings on the "challenges" concerned apparently scheduled for "5-7 May 2026" – and focusing on perceived shortcomings in the "public participation process" leading to Parliament's adoption of the NHI Bill. By contrast, a September 2025 Spotlight article pointed to the NHI scheme's affordability as the "key argument" underpinning cases lodged separately by eight different groups since the Bill was signed into law.

Whatever the case, according to the Presidency "government remains committed to ... NHI and will work within the requirements of the law and judicial process to ensure that there is no undue delay" in its implementation.

B-BBEE

"We are not retreating from transformation; we are deepening transformation and aligning it to measurable outcomes that create jobs, build enterprises, open markets, and protect integrity. Accordingly, we are placing emphasis on five measurable outcomes, namely: procurement, finance, supplier graduation, management control, and enforcement, so that we can track progress transparently and correct course quickly." [Deputy President Paul Mashatile at the 28 February 2026 'second frank dialogue on the future of broad-based black economic empowerment (B-BBEE)]

Widely covered in the media, the Deputy President's speech simply reiterated official comments on the issue made by various Cabinet members during the 11 months that have passed since the Department of Trade, Industry & Competition's (DTIC's) draft concept document was released for public comment.

As President Cyril Ramaphosa said in a response to issues raised during a debate on his recent State of the Nation Address, " We must see B-BBEE not as a cost to the economy, but as an investment in ... (its) sustainable growth". With that in mind, the premise of a B-BBEE review now under way is that it "supports greater transformation and inclusive growth".

However, according to a DTIC media statement on the "historic" 24 February 2026 meeting of "all 11 ... B-BBEE sector charter councils", Minister Parks Tau acknowledged that "transformation will not succeed unless all key stakeholders embrace it, defend it, and implement it with conviction". Held to "assess progress, confront weaknesses, and chart a strengthened, outcomes-focused path for economic transformation", the meeting reached "agreement on the need to move from a compliance-driven approach to an outcomes-based transformation framework". It concluded with "consensus on a three-point (plan of) action":

• "addressing funding mechanisms"

• "optimising implementation within the current legal framework", and

• "reviewing institutional architecture where systems are not functioning effectively".

fiscal policy

Media reports on the "principles-led fiscal anchor" featured briefly in Finance Minister Enoch Godonwana's Budget speech tended to overlook a fiscal anchors discussion document published in May 2025 with the revised Budget for that year. At the time, according to the Minister, "consultations" on the paper with "a range of stakeholders and experts" were "ongoing".

The 2026/27 Budget review's page 3 refers to proposed new legislation requiring "each new government to table a plan" ensuring the adoption of a "sustainable" fiscal position "throughout its term of office" – as well as the selection of "an appropriate fiscal metric" to monitor compliance. More details are provided on page 26 and in Annexure A.

Informed by input on a second consultation paper yet to be released, a firm fiscal anchor proposal is expected to be included in the 2026 Medium Term Budget Policy Statement. This in the hope that. to quote Godongwana, "just as inflation targeting provided clarity and credibility to monetary policy, the fiscal anchor ... (will) entrench fiscal credibility".

Until next Monday ...

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