Communications and Digital Technologies Minister Solly Malatsi has defended ICT policy, denied special treatment for Starlink, and stressed the need to align sector regulations with transformation laws through equity equivalent investment options.
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Communications and Digital Technologies Minister Solly Malatsi has thrown his weight behind the Independent Communications Authority of South Africa (ICASA) to investigate Starlink, a satellite internet service operated by SpaceX, for allegedly operating in the country without authorisation.
This development comes after the uMkhonto weSizwe Party (MK Party) alleged that Starlink was offering its services in South Africa without a licence.
ICASA confirmed that the organisation had launched an investigation into the alleged unlawful use and provision of Starlink services in South Africa.
The regulator has also engaged SpaceX for further clarity and has deployed inspection teams on the ground to investigate the matter further.
ICASA spokesperson Milly Matlou said: “ICASA has launched an investigation into the alleged unlawful use and provision of Starlink services in SA. We have also engaged SpaceX for further clarity and have currently deployed inspection teams on the ground to investigate the matter further.”
According to ICASA, its investigation will determine whether Starlink has indeed breached South African laws and regulations.
If found guilty, the company could face enforcement actions, including fines or even a ban on its operations in the country.
“Should the investigation yield any breach with regulatory and legislative frameworks, the Authority will explore the applicable enforcement actions within its disposal, which may include, among others, lodging a formal complaint with the International Telecommunication Union (ITU),” Matlou said.
“To this end, ICASA has published a general notice under Government Gazette no 49777 reiterating that all entities offering electronic communications services within South Africa are required to comply fully with the applicable legislative and regulatory frameworks.”
The MKP alleged that Starlink was operating in South Africa without authorisation, using a shadow entity called "ICASAsePUSH" to masquerade its operations.
The party claimed that this operation constitutes a “blatant” violation of South African telecommunications law and represents a direct affront to the country's Broad-Based Black Economic Empowerment (B-BBEE) framework.
The party launched its allegations during the Portfolio Committee on Communications and Digital Technologies meeting in Parliament on Tuesday.
“During that session, the MK Party directly challenged the Minister of Communications and Digital Technologies regarding his awareness of this operation. His professed ignorance was not only unacceptable but deeply troubling,” spokesperson Nhlamulo Ndhlela said.
“The MK Party will not tolerate the erosion of our legal framework by foreign profiteers or their local enablers. We categorically reject any attempt to circumvent B-BBEE laws under the guise of innovation or foreign investment.”
Malatsi has expressed his full support for ICASA's investigation, stating that it is the regulator's responsibility to manage both licence applications and investigations.
“The minister was made aware of the allegations when they were raised in the portfolio committee on Tuesday. It is now ICASA's responsibility to investigate these allegations, and the minister fully supports this investigation,” Malatsi's spokesperson, Kwena Moloto, said.
This will be the second time the Authority investigates Starlink’s dealings.
In 2023, ICASA issued a notice, warning that it was illegal for anyone or company to use Starlink, as it doesn't hold a licence to operate in the country.
Both DA spokespeople, Karabo Khakhau and Willie Aucamp, did not respond to questions.
Meanwhile, during the session on Tuesday, Malatsi defended his recently gazetted proposed ICT policy adjustments, saying that it was intended to attract investment into the sector.
He said it was not a way to allow Elon Musk to operate in South Africa
Malatsi had been under fire after critics accused him of amending the Broad-Based Black Economic Empowerment laws.
“We are not attempting to open a new dispensation for Starlink or any other company or individual,” he told Parliament’s Portfolio Committee on Communication.
“We are saying that the regulations in our sector must consistently make provisions for the two choices that exist in any other sector,” Malatsi said after his department on Friday gazetted a proposed policy direction to the ICASA.
Livia Dyer, a partner at law firm Webber Wentzel, said that ICASA was well within its rights to investigate any allegations of unauthorised operations.
“In South Africa, it is a requirement that you have a licence if you are operating a telecommunications network... If you don't have a licence, then it is an offence,” Dyer said.
She added that ICASA could ask Starlink to stop unlicensed operations and could seize equipment if necessary.
She said that although there have not been prosecutions, ICASA had the right to prosecute.
mashudu.sadike@inl.co.za