[13 May 2026]
On May 13, 2026, the Independent Communications Authority of South Africa (ICASA) issued a statement regarding its response to the broad-based black economic empowerment policy directive. The regulator notified the Minister that it cannot synchronize its regulations with the ICT Sector Code based on the December 2025 policy framework. ICASA noted that this alignment is paused until required revisions are officially made to the Electronic Communications Act.
ICASA communicates its response to the policy direction on broad based black economic empowerment
[14 December 2025]
New BBBEE Policy Direction for ICASA On 11 December 2025, the Minister signed a new policy direction regarding Broad-Based Black Economic Empowerment, which was officially gazetted the following day.
Under Section 3(2) of the Electronic Communications Act, ICASA is now mandated to align its ownership and control regulations with the Amended ICT Sector Code. The directive focuses on balancing sector-wide investment and competition with South Africa’s economic inclusion goals. Specifically, ICASA is directed to:
- Align Regulations: Synchronize HDG (Historically Disadvantaged Group) equity requirements with the latest BBBEE ICT Sector Code.
- Promote Parity: Ensure a level playing field across all licensees.
- Expand Access: Prioritize broadband rollouts to close the digital divide.
- Protect Sovereignty: Support data security and protection policies to maintain digital sovereignty.
ICASA is expected to launch a public inquiry shortly to gather input before implementing these changes.
[23 May 2025]
A new draft policy direction has been issued by the Minister of Communications and Digital Technologies, urging the Independent Communications Authority of South Africa (ICASA) to review and adjust its transformation regulations. The goal is to bring these regulations in line with the broader industry code of good practice.
This initiative, titled “Proposed policy direction to Independent Communications Authority of South Africa on Broad-Based Black Economic Empowerment,” invites written submissions from interested parties. These submissions should be emailed to bbbee@dcdt.gov.za, for the attention of Mr. A Mmoto, Chief Director, no later than July 5, 2025.
The draft policy direction is set out below:
The Authority is hereby directed, in terms of section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) to urgently consider alignment of the Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code, with the Amended Broad-Based Black Economic Empowerment (B-BBEE) ICT Sector Code.