ANC flags ‘serious risk’ as Malatsi’s new Gazette sparks regulatory concerns
ANC slams Malatsi’s ICT policy as “illegal overreach” threatening SA transformation.
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The African National Congress (ANC) has voiced deep concern over a Government Gazette issued on December 12 by Minister of Communications and Digital Technologies, Solly Malatsi, warning that the new policy directions risk undermining South Africa's regulatory and transformation frameworks.
According to ANC spokesperson Mahlengi Bhengu, the Gazette exceeds the Minister's legislative authority and threatens the integrity of the country's ICT and postal sectors.
"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," Bhengu said.
The ANC criticised what it described as a growing trend of ministers from the opposition Democratic Alliance attempting to bypass Parliament by enacting policy directives rather than following formal legislative processes.
"No Minister may amend or suspend legislation via a policy directive," Bhengu said, pointing out that laws such as the Electronic Communications Act, the Postal Services Act, the ICASA Act, and the Broad-Based Black Economic Empowerment Act (B-BBEE) can only be altered through Parliament following public participation.
Malatsi defended the Gazette, explaining that it aims to remove investment barriers and expand access to high-speed internet across South Africa. He highlighted that private sector participation is essential to achieving national connectivity goals.
"There is a large body of national and sectoral policies relating to infrastructure development and specifically to deploying broadband networks and ensuring access to accessible, available and affordable high-speed internet services by all of South Africa’s citizens," Malatsi said.
He noted that the draft policy was published for public comment on May 23,2025, and after reviewing the submissions, the Minister issued the directive with full consideration of public feedback.
"The Department of Communications and Digital Technologies received in excess of 19,000 submissions. On review, this number included approximately 4,000 duplicates or blank submissions, bringing the total number of actual substantive submissions to 15,000," Malatsi explained.
Malatsi added that the overwhelming majority of these submissions support the policy direction, reflecting broad public backing.
"An overwhelming 90% of the submissions are in favour of the policy direction," Malatsi said.
The ANC, however, questioned the legitimacy of these figures and cautioned against any attempt to weaken historically disadvantaged group (HDG) ownership requirements, which could favour foreign satellite operators like Starlink.
"Weakening these obligations does not modernise the sector; it risks reversing hard-won gains and entrenching foreign dominance in a strategic national industry," Bhengu said.
The ANC also condemned provisions that appear to direct ICASA to act beyond its legislative mandate, noting the potential threat to the regulator’s independence.
"Forcing ICASA to implement measures inconsistent with primary legislation is unlawful, undermines institutional independence, and destabilises the regulatory environment," Bhengu added.
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