ANC Pushes Back Against Starlink-Friendly Policy Shift, Warns of Legal Overreach

ANC blames Minister of Communications for law bridge. (IOL)

by Mathipa Phishego

African National Congress (ANC) has strongly criticised a recent government policy directive that could pave the way for foreign satellite operators such as Starlink to enter South Africa without complying with existing ownership laws. Warning that the move undermines Parliament, transformation policy, and regulatory independence.

In a statement issued on December 13, 2025, the ANC said it was “deeply concerned” by a Government Gazette published on 12 December by the Minister of Communications and Digital Technologies, Solly Malatsi.

According to the party, the directive exceeds the Minister’s legal authority by attempting to amend legislation through policy rather than through Parliament.

“No minister may amend or suspend legislation via a policy directive,” the ANC said. Stressing that laws such as the Electronic Communications Act, ICASA Act, Postal Services Act, and Broad-Based Black Economic Empowerment (B-BBEE) Act can only be changed through a full parliamentary process and public participation.

Ownership and transformation at the centre. A key point of contention is the Gazette’s proposal to allow alternative compliance mechanisms to the 30% Historically Disadvantaged Groups (HDG) ownership requirement in the ICT sector.

The ANC warned that this would allow foreign companies explicitly citing satellite providers like Starlink to bypass long-standing transformation obligations. The party argued that South Africa has spent decades building an ICT sector focused on local ownership.

SMME development, equitable participation, and that weakening these requirements risks reversing hard-won gains and entrenching foreign dominance in a strategic industry.

Public concern

ANC also cast doubt on claims by the Minister that 19,000 public submissions were received on the draft policy, with 90% allegedly in support of the changes.

“These figures raise serious questions,” the statement said, asking how submissions were counted. Whether they were independently verified, and whether they genuinely reflected broad public opinion or the views of a limited, possibly organised group.

Further alarm was raised over provisions directing ICASA to implement measures that the ANC says fall outside its statutory mandate. The party warned that forcing the regulator to act inconsistently with primary legislation would be unlawful, undermine its independence, and destabilise the regulatory environment.

The ANC also flagged risks to digital sovereignty, cybersecurity, data governance, and critical communications infrastructure. Cautioning that relaxed oversight of foreign satellite operators could compromise national security.

Changes affecting postal regulations, including reserved postal services, were also criticised as a threat to the sustainability of universal postal services.

ANC has called on Parliament’s Portfolio Committee on Communications and Digital Technologies to urgently hold the Minister accountable for the legality, intent, and consequences of the Gazette.

It further urged ICASA to uphold its statutory obligations and to reject any directive that is inconsistent with the law. The statement was issued by ANC national spokesperson Mahlengi Bhengu.