Khusela Diko, chairperson of Parliament's Portfolio Committee on Communications, has called for the immediate withdrawal of Minister Solly Malatsi’s December 12 policy directives to ICASA, deeming them unlawful amid backlash over bypassing local ownership rules for firms like Starlink.
Following Minister Solly Malatsi’s policy directives gazetted on December 12—aimed at allowing international telecom firms like Starlink to meet empowerment requirements via Equity Equivalent Investment Programmes (EEIPs) rather than direct equity stakes—Parliament's Portfolio Committee on Communications chairperson Khusela Diko has demanded their immediate withdrawal.
Diko, an ANC MP, labeled the directives unlawful, arguing Malatsi bypassed proper procedures, failed to consult Cabinet, and overstepped into legislative territory. "We've rejected those policy directives. We are calling for their immediate withdrawal, failing which we are calling for ICASA to apply its mind to what he is asking them to do, which is unlawful in our view," she said. The ANC echoed this, warning the move undermines transformation and regulatory integrity.
Malatsi defended the directives as within his authority under the Electronic Communications Act and ICASA Act, stressing they target regulations, not legislation, and urge ICASA to align urgently with national empowerment codes. "There is no attempt to amend legislation here... critics must reconcile with the law," he stated.
The controversy highlights tensions over ministerial oversight versus regulatory independence. The Portfolio Committee plans an early next-year meeting where Malatsi must account for his actions.
