BBBEE LEGISLATION FOR ELON MUSK’S STARLINK @KASIBC_NEWS

BBBEE LEGISLATION FOR ELON MUSK’S STARLINK @KASIBC_NEWS 

The Economic Freedom Fighters (EFF) is pleased with proceedings of the Portfolio Committee on Communications and Digital Technologies meeting, wherein majority of political parties expressed their displeasure and rejection of the attempted work around of the Electronic Communications Act and the Broad-Based Black Economic Empowerment (B-BBEE) Act by Minister Solly Malatsi, in order to accommodate Elon Musk’s Starlink satellite company. 

Today, on the 27th of May 2025 Minister Malatsi appeared before the committee to account for the gazetting of his Ministerial Policy Directive, wherein he expresses his intention to “align” the Electronic Communications Act and ICT Sector Code, in order to allow foreign telecommunications entities to operate in South Africa without complying to licensing laws that require 30% local ownership by previously disadvantaged groups, and instead, pursue presence in our country using Equity Equivalents as permitted for other sectors by the B-BBEE Act. 

In what can only be described as an unlawful attempt at subverting the powers of the Parliament of South Africa by using a Ministerial Policy Directive, Minister Malatsi characterises the amendments he wants to make to two Acts of Parliament, as regulatory alignment. 

When pressed by the EFF as to whether he is not attempting to effect amendments to law and referring to these amendments as “policy alignment”, the Minister provided an inadequate response. More importantly however, Minister Malatsi conceded that the advice he received from the Independent Communications Authority of South Africa (ICASA) was that it would be desirable that the Minister pursue his attempted alignment through an amendment of the Electronic Communications Act which stipulates 30% local ownership participation in order for licensing to be granted, and not his underhanded attempt to force an anti-transformation participation of Starlink in South Africa’s telecommunications sector. 

The fact that the regulatory authority is alive to the legislative irregularity of the Minister’s attempts, means there is certainty that the only lawful mechanism for Starlink to exist in South Africa is through full compliance with our laws, or through a legally sound amendment of legislation. No other mechanism, including a Ministerial Directive can ease conditions for Starlink to operate in our country. 

The EFF further raised political concerns about the presence of Starlink in South Africa, which is owned by an individual who has peddled disinformation about our country, expressed his disdain for transformation, and would operate without any guarantees to jobs in the local telecommunications industry. Additionally, there was a resounding call from the Committee expressing a clear rejection of Starlink in South Africa, and any attempt to subvert legislation by abusing Executive powers and undercutting the will of the people, which rests in the hands of Parliament. 

The EFF will therefore continue to oppose, both in Parliament and if necessary, in the courts, any introduction of Starlink in South Africa which is not compliant with the laws of our country. Elon Musk’s Starlink, which was demanded by Johann Rupert at the Oval Office represents a national security threat, a threat to local jobs, and a threat to sovereignty and independence, as Musk has attempted to coerce access to the South African market using disinformation of a non-existent white genocide as leverage. 

The EFF vows, that over and above legislative requirements, we will fight tooth and nail against corporate terror that uses access to diplomatic channels and Presidents to pursue business interests. 

We Say No To Starlink in South Africa!