SOUTH Africa’s Minister of Communications and Digital Technologies, Mondli Gungubele, has announced that Starlink, a satellite internet provider, must comply with the country’s regulations, specifically the 30 percent equity requirement, in order to operate legally within South Africa. Gungubele emphasised that this requirement applies
to Individual Electronic Communications Service (IECS) and Individual Electronic Communications Network Service (IECNS) applicants or licencees and must be fulfilled by individuals from historically disadvantaged groups, including women, black people, and those with physical disabilities.
During a questioning session in parliament with Natasha Mazonne from the Democratic Alliance party, Gungubele responded to inquiries about potential amendments to the regulations for companies like Starlink, stating, ‘The 30 percent equity to be held by historically disadvantaged groups… cannot be amended until the Electronic Communications Act (Act No. 36 of 2005) is amended.’ H
e explained that changing the requirement would involve a lengthy process of public consultation and government approval, taking several months or even years.
Gungubele advised interested parties, including Starlink and its parent company SpaceX, to engage with the Independent Communications Authority of South Africa (ICASA). As Starlink uses frequency spectrum for data transmission, the company will also need to apply for a Radio Frequency Spectrum license. ICASA can provide guidance on the specific requirements, regulations, procedures, and other operational considerations for operating a satellite internet service in South Africa.
The Minister stressed that the Department welcomes partners and investors to contribute to the sector and the country’s economy while urging compliance with the sector’s regulations.
Gungubele addressed allegations of obstruction by himself and the African National Congress (ANC) regarding the local launch of Starlink. He clarified that the responsibility for issuing licences lies with ICASA, stating that ICASA has not yet received any licence applications from Starlink. Reports confirm that SpaceX has engaged in discussions with ICASA on two occasions, seeking guidance on regulatory requirements and the process of acquiring necessary electronic communications service licences in South Africa. However, there is no information available about the next steps or any licence applications made by SpaceX at this time.
