Icasa could clip Starlink's wings if found to be operating illegally
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.
Image: X / IOLGraphics
Billionaire Elon Musk's Starlink could be slapped with fines or even a ban on its operations if found to be offering services without authorisation in the country.
The Independent Communications Authority of South Africa (ICASA) confirmed that the organisation had launched an investigation into the alleged unlawful use and provision of Starlink services in South Africa.
This comes after the uMkhonto weSizwe Party (MK Party) alleged that Starlink was offering its services in South Africa without a licence.
ICASA 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.
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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 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 made the 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.'
Communications and Digital Technologies Minister Solly Malatsi has expressed his full support for ICASA's investigation, stating that it is the regulator's responsibility to manage both license applications and investigations.
This will be the second time the ICASA 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 license to operate in the country.
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