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By: Zilungile Mkhize

The Presidency says the Independent Communications Authority of South Africa (ICASA) should be given sufficient time to independently consider a policy directive issued by Minister of Communications and Digital Technologies Solly Malatsi.

The minister recently gazetted a directive instructing ICASA to allow foreign-owned telecommunications operators to apply for licences without being required to cede 30% equity to historically disadvantaged groups. The requirement currently stems from South Africa’s Broad-Based Black Economic Empowerment (B-BBEE) framework, which applies to holders of certain electronic communications licences.

The move has been widely interpreted as an attempt to clear the way for satellite internet provider Starlink, owned by tech billionaire Elon Musk, to operate in South Africa without fully complying with local ownership requirements. Starlink has previously indicated that the equity conditions were a barrier to entering the South African market.

Presidency spokesperson Vincent Magwenya said Minister Malatsi is acting within the confines of the law and that ICASA, as an independent regulator, must be allowed to assess the directive through its own processes, including public consultation where required. He emphasised that the executive cannot interfere in ICASA’s regulatory decisions.

The directive has sparked debate, with critics raising concerns about the potential dilution of empowerment objectives, while supporters argue that easing restrictions could improve broadband access, particularly in underserved rural areas.