Starlink is owned by businessman Elon Musk.
Image: AFP
As the back-and-forth between Elon Musk and policymakers continues, one question keeps coming up: who actually has the power to approve or block Starlink in South Africa?
The answer is not as straightforward as it seems. It’s not one person, one department, or even one decision. It is a system involving policy, regulation, and compliance.
Who decides if Starlink can operate in SA?
Starlink can only operate in South Africa if it gets a licence from the country’s telecoms regulator, but that licence depends on whether it complies with national laws set by the government.
Simply put, the government sets the rules, regulators enforce them, and companies must comply.
We break down the roles of all three.
1. The regulator: Independent Communications Authority of South Africa (ICASA)
ICASA is the body that issues telecom licences, checks whether companies meet legal requirements and if it can approve or reject applications.
For Starlink, this means applying for an electronic communications network service (ECNS) licence and an electronic communications service (ECS) licence. Without these, the service cannot legally operate, even if there is demand.
2. The government: sets the rules
South Africa’s telecom rules, including transformation requirements, come from government policy and legislation.
This includes Broad-Based Black Economic Empowerment (B-BBEE) requirements, ownership rules for telecom licensees and sector-specific regulations.
Departments like the communications department set the direction, which ICASA must follow when evaluating applications.
3. The company: Starlink must choose how to comply
Starlink, which is owned by SpaceX, cannot operate unless it aligns with South African law.
That leaves it with a few options. Starlink should either partner locally to meet ownership rules, use an EEIP (if accepted in practice) or delay entry while policy clarity improves.
Where does B-BBEE compliance come in?
One of the biggest hurdles is South Africa’s empowerment framework, particularly ownership requirements tied to B-BBEE.
Traditionally, telecom licensees must have 30% ownership by historically disadvantaged groups
However, government has explored alternatives like Equity Equivalent Investment Programmes (EEIPs) for multinationals that can’t sell local equity.
The complication lies in when these alternatives are not yet fully embedded in the licensing process, which can create uncertainty.
So why does the process feel stuck?
While it may seem like a simple yes-or-no decision, the delay comes from overlapping responsibilities.
Government signals flexibility (e.g. EEIPs), regulators need formal frameworks to act and companies wait for certainty before committing. This creates a loop, delaying the process.
IOL