Media Statements

The African National Congress (ANC) is deeply concerned by the Government Gazette issued on 12 December 2025, by the Minister of Communications and Digital Technologies, Mr Solly Malatsi. The Gazette introduces policy directions that exceed the Minister’s legislative authority, undermine South Africa’s transformation framework, and threaten the integrity of our ICT and postal regulatory environment. It mirrors a troubling trend where Ministers belonging to the Democratic Alliance seek to bypass Parliament, by reforming laws through directives rather than following democratic legislative processes.

The ANC stresses that no Minister may amend or suspend legislation via a policy directive. Laws such as the Electronic Communications Act, the Postal Services Act, the ICASA Act, and the Broad-Based Black Economic Empowerment Act can only be changed through Parliament following public participation. Attempts to circumvent this process represent a serious overreach of executive power.

The Minister claims to have received 19,000 submissions on the draft, asserting that 90% of these support the policy direction, citing the regulatory clarity it provides and its potential to expand access to high-speed internet.

However, these figures raise serious questions: How were the submissions counted? Were they independently verified? And do they genuinely reflect broad public support, or merely the views of a limited, possibly organized group?

Of particular concern is the Gazette’s proposal to create exemptions or alternative compliance mechanisms to the 30% Historically Disadvantaged Groups (HDG) ownership requirement. Such provisions would allow certain operators, notably foreign satellite providers like Starlink, to bypass core transformation obligations. South Africa has invested decades building an ICT sector that promotes inclusion, localisation, SMME support, and equitable ownership. Weakening these obligations does not modernise the sector; it risks reversing hard-won gains and entrenching foreign dominance in a strategic national industry.

Equally troubling are provisions directing ICASA to act beyond its mandate. As an independent regulator, ICASA exists to ensure fairness, stability, and legal certainty in the communications sector. Forcing it to implement measures inconsistent with primary legislation is unlawful, undermines institutional independence, and destabilises the regulatory environment.The Gazette also raises serious concerns about digital sovereignty and security. Weakening oversight of foreign satellite operators and relaxing compliance obligations could compromise national data governance, cybersecurity, and critical communications infrastructure. Similarly, attempts to alter postal regulations through an amendment of the reserved postal services threaten the sustainability of universal postal services, including the sub-1kg category.

Taken together, the Gazette mirrors a pattern of granting disproportionate influence to mainly foreign ICT entities at the expense of transformation, equity, national security, and the rule of law. This approach is neither progressive nor aligned with South Africa’s developmental priorities.

The ANC calls on Parliament, through the Portfolio Committee on Communications and Digital Technologies, to urgently hold the Minister accountable for the legality, intent, and consequences of the Gazette. We further urge ICASA to uphold its statutory obligations and refuse any directive inconsistent with the law.

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