'Most Notably' (18 May 2026)

This week's 'Most Notably' explores apparently ongoing tensions between Communications & Digital Technologies Minister Solly Malatsi and Khusela Diko, who chairs the National Assembly committee responsible for overseeing his portfolio and processing any legislation developed by his department.

Readers of our reports for SA Legal Academy will be aware of the Minister's 12 December 2025 broad-based black economic empowerment (B-BBEE) policy direction to the Independent Communications Authority of SA. Among other things, it required the Authority to "urgently consider" the alignment of its March 2021 regulations on the limitations of control and equity ownership by historically disadvantaged groups with the ICT sector's amended B-BBEE code of good practice – referring expressly to "the contribution to investment and competition that can be made by international entities". Revised in April 2022, the regulations are apparently perceived in some circles to have "deliberately moved away from … (certain of the approved code's) recognised statements" in that regard.

Never slow in condemning the Minister for moves with which Diko disagrees, her committee issued a media statement the next day calling for the direction's "immediate withdrawal". In Diko's view, not only is the policy directive "an affront to the centuries old fight for equity and redress by the black majority in this country". It seeks to "circumvent the mandatory 30% equity ownership by historically disadvantaged groups as a requirement for electronic communications services licensing as (prescribed) under ... the (2005) Electronic Communications Act".

It took ICASA until 13 May 2025 to formally declare its position on the directive in a statement noting 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".

This followed 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 Minister, "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".

True to character and conviction, Diko's press release the next day welcomed ICASA's announcement, fully supporting the position taken.

Interestingly, Diko is quoted as having "noted that low earth orbit satellite broadband services are already being deployed in South Africa through partnerships and business models that comply with national legislation while supporting local industry participation" – citing "Q-KON, Liquid Intelligent Technologies, Vox and Paratus ... (as companies that) continue to play a significant role in integrating global satellite capacity into the domestic market through compliant and innovative models".

According to the committee statement, "telecommunications operators, including Telkom, MTN and Vodacom, are also leveraging strategic partnerships to expand connectivity, while Sentech remains strategically positioned to provide affordable satellite services, particularly in rural and underserved communities". In Diko's view, "this demonstrates that South Africa possesses both the capacity and expertise to expand broadband connectivity in a manner that supports local economic development, skills transfer, innovation and regulatory compliance".

The statement is silent on an issue raised in the committee's 13 December 2025 press release – that, "to the best of ... (the committee's) knowledge (at the time) ... (the Minister had) once again ... not sought the approval of Cabinet to gazette the ... directive". This was an oblique reference to the Minister's November 2024 withdrawal of the South African Broadcasting Corporation (SABC) Soc Ltd Bill, which is nevertheless still before Parliament but in limbo. It's still not clear if Cabinet was ever consulted about the Minister's intentions.

Until next Monday ...

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