ELECTRONIC COMMUNICATIONS: ICASA CONFIRMS POSITION ON MINISTERIAL B-BBEE POLICY DIRECTION

The Independent Communications Authority of South Africa (ICASA) has issued a media statement confirming its position on Communications & Digital Technologies Minister Solly Malatsi’s December 2025 broad-based black economic empowerment policy direction. This follows the Minister’s remarks on ‘control’ and ‘international operators’ in the context of low earth orbit satellite services, which were included in his 12 May 2026 budget vote speech.

According to the official version of his speech, the Minister said that ‘rather than wait a decade to develop domestic … low earth orbit satellite services capacity, we must create conditions for international operators to serve our people now, in a manner that supports national interests and regulatory compliance’.

The December 2025 ministerial policy direction seeks to facilitate this, as SA Legal Academy reported when it was gazetted.

The Authority’s view is that ‘while the amended ICT sector code must be applied in licensing qualification criteria, full alignment with all provisions of the code, including equity equivalent investment programmes, would require a legislative amendment to the … (2005) Electronic Communications Act’.

The recently tabled Electronic Communications Amendment Bill is silent on the issue.

Published by SA Legal Academy Policy Watch

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