Data centre legislation needs an update - IOL

Kaden Arguile, GOOD National Youth Organiser & Ward 77 Candidate.

Throughout Africa, data centres are being installed at an incomparable speed on South African soil. Unregulated, unchecked and occupying a grey space in our law.

While GOOD celebrates the delay of the hyperscale data centres that are in the developmental phase, we believe that this example can be used as a precedent when dealing with the legislation that desperately needs an update.

A data centre within South African building regulations is currently classified as a warehouse. Warehouses are graded on their risk factor based on their contents.

A warehouse storing stuffed animals compared to explosive materials obviously cannot be regulated in the same way.

Due to the rapid expansion of data centres within the country legislation hasn’t had the time to catch up. That must change immediately.

GOOD calls upon both the Minister of The Department of Communications and Digital Technologies (DCDT) as well as the Minister of the Department of Trade, Industry and Competition (DTIC) to co-operate within the mandate laid out in the National Data and Cloud policy of 2024.

Within this policy, there is a clear commitment to engagement with civil societies yet GOOD argues that this is not being enforced. The communities who are having these data centres placed in their own back yards are having no say in the matter.

Using the recent Equinix case as an example, the Housing Assembly (a group representing thousands of citizens who were severely impacted by Cape Towns water shortage) had to work with legal groups to win the appeal just to ensure that they understood the impact of these data centres.

Their opinion on their creation was never consulted. We cannot commit to stakeholder engagement and only engage with the stakeholders who have vested financial interests in a project’s creation.

The creation of these hyperscale centres holds a variety of risks. These supposed ‘warehouses’ carry a massive fire risk since any sprinkler systems (which any warehouse is regulated to have) would ruin the entire electrical systems these centres need. In the Equinix Cape Town case less than 100 metres away from the centre site lies Langa and Gugulethu.

Two communities which are extremely susceptible to a spreading fire. Regulations mandating these centres is a necessity for the safeguarding of our citizens lives as well as their natural resources. The status of the surrounding communities is an often-overlooked factor. With millions of rand in infrastructure being invested into a ‘warehouse’ while on the other side of the highway communities face conditions like those condemned by the public protector.

This fact raises a whole series of questions. Will the massive amount of electricity required result in electricity infrastructure upgrades for the surrounding community? Since they share the same electricity and water sector, which will take priority if there is a breakdown?

What will the millions of rands in underground fibre construction look like? Will it improve internet connectivity in the area? All of these questions need to be answered, and they can only be answered correctly if legislation is updated and definitions relooked at.

This may lead to new businesses being successful in the short term, but it does not guarantee long term financial stability. GOOD is completely committed to upgrading South Africa’s technology capabilities. It is a vital tool that is not currently being used in tracking statistics on a variety of topics ranging from refuse dumps to pit toilets in schools.

Upgrading our cloud and infrastructure is the only way that we can make that data one hundred percent accurate. GOOD cannot support an infrastructure and investment boom into a sector that isn’t correctly regulated, legislated especially when considering the potential environmental and quality of life harm they can potentially cause.

Without an ‘update’ to our legislature South African’s lose trust in our democratic institutions which are designed to safeguard them and our country from exploitation. If this legislation is not updated, we gamble the human, animal and insect lives until the first tragedy arises. A pre-emptive coming together between the DTIC, DCDT, stakeholders, civil societies and the public is necessary.

If these centres are as safe and sustainable as the industry players claim let their plans be open to scrutiny from the public and civil society. If this is for our future lets safeguard our country from abandoning communities in the legacy of the past.