South Africa has experienced significant growth in the establishment and expansion of data centres, cloud infrastructure and related digital systems. While these developments may support economic growth, digital transformation and artificial intelligence readiness, they also raise important human rights, environmental, governance and public-interest considerations.

The Commission has noted increasing public discourse and concern relating to matters including:

• electricity demand and energy sustainability;
• increased electricity tariffs;
• water use and cooling requirements;
• environmental impact and climate considerations;
• E-waste management;
• 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.

In terms of section 184 of the Constitution and sections 13 and 18 of the South African Human Rights Commission Act 40 of 2013, the Commission is mandated 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.

The Commission is therefore undertaking a high-level stakeholder engagement process to assess whether current legal, regulatory, environmental, governance and industry frameworks relating to data centre development are aligned with constitutional obligations, international human rights standards and recognised best practice principles, including business and human rights standards.

The Commission accordingly invites written submissions on, amongst others, the following themes:

• Human rights impacts associated with data centre development;
• Environmental sustainability, including electricity and water usage;
• Climate and environmental justice considerations;
• Community consultation and public participation processes;
• Privacy, data protection and cybersecurity considerations;
• 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.

Submissions may be made by individuals, communities, civil society organisations, academics, technical experts, regulators, municipalities, industry representatives and other interested stakeholders. The submissions process will inform a future stakeholder engagement convened by the Commission, as well as possible policy guidance and recommendations to Parliament and relevant organs of state where appropriate.

Submission Details

Written submissions must be submitted electronically in PDF or Word format to:

Email: Dr E. Carter – This email address is being protected from spambots. You need JavaScript enabled to view it. and B. Ainslie – This email address is being protected from spambots. You need JavaScript enabled to view it.
Subject Line: “Data Centres and Human Rights Submission”

Closing Date: 30 July 2026

Stakeholders are encouraged to clearly identify the organisation or individual making the submission and provide contact details where appropriate. Further details regarding the stakeholder engagement process will be communicated in due course.

Issued by the South African Human Rights Commission