Free-market lobby group Sakeliga has asked the Pretoria High Court to rule that the communications regulator ICASA can accept alternatives to a fixed 30% ownership requirement for historically disadvantaged groups, a rule that has stood in the way of Starlink's licence plans.

Sakeliga filed its papers on 9 November. It is not Starlink's case: the satellite internet provider is not the applicant.

What Sakeliga is asking for

  • That the court set aside ICASA's 13 May decision that it cannot give full effect to Communications Minister Solly Malatsi's December 2025 policy direction without a change to the law.
  • A declaration that the Electronic Communications Act does not impose a fixed 30% minimum for individual licences, and that ICASA may accept equity-equivalent investment programmes.
  • Alternatively, a declaration that section 9(2)(b) of the Act is unconstitutional to the extent that it makes 30% ownership a precondition without recognising such programmes. The Constitutional Court would have to confirm any such declaration.

The respondents are ICASA, its chairperson, the director-general of the Department of Communications and Digital Technologies, and Malatsi, who is cited because he is responsible for the Act.

The two sides of the argument

ICASA said on 13 May that the Act "requires a minimum 30% ownership by historically disadvantaged groups for individual licence holders," and that full alignment with the sector code would need a legislative amendment. Malatsi's policy direction asked ICASA to "urgently consider" aligning its ownership rules with the ICT sector code; policy directions are not binding on the regulator.

Sakeliga's affidavit says: "A 30% equity ownership requirement is one condition Icasa may prescribe. But it is not the only one."

Some MPs have accused the minister of bowing to Starlink's demands. Starlink has objected to giving up 30% of its local operations.

What happens next

ICASA has 15 days to file the record of its decision, and the respondents have 15 days to say whether they will oppose the application. No hearing date has been set in the papers.

What we do not yet know

  • Whether ICASA and the minister will oppose the application.
  • When the court will hear the matter.