South Africa to crack down on illegal use of Starlink in the country, begins investigation

The South African government has vowed to crack down on the unlawful use of Starlink satellite Internet services within the country. This comes amid the growing use of alternative means of connecting to the service, even though Elon Musk’s internet service is yet to be licensed in South Africa 

According to the Independent Communications Authority of South Africa (ICASA) on Wednesday, some South Africans have sourced Starlink equipment from local international resellers and utilise the device’s international roaming feature to gain access to the platform.

“Icasa has taken note with serious concern recent reports alleging that Starlink, a satellite internet service operated by SpaceX, may be offering its services within the Republic of South Africa without the requisite authorisation,” it said in a statement on Wednesday.

The strategic move comes amid an ongoing dispute between Starlink owner Elon Musk and the South African government over regulatory approval rules that require 30 per cent of the equity in a local telecom licensee to be in the hands of historically disadvantaged persons – BEE rule.

The Communications Regulator stated that, according to a published general notice under Government Gazette no 49777, all entities offering electronic communications services within South Africa are required to comply fully with the applicable legislative and regulatory frameworks. 

While noting ongoing investigations, Icasa explained that it has instituted a formal investigation to ascertain the veracity of the allegations and to gather relevant facts and evidence. Also, it has asked members of the public and industry stakeholders in possession of any supporting evidence to share the information in assisting with the investigation. 

“The authority has also formally engaged [Starlink parent] SpaceX to seek clarity on the reported activities and is currently awaiting a response,” it added.

Icasa has also deployed inspection teams to conduct physical verifications in the suspected areas, stating that the investigation is being executed in collaboration with other relevant organs of state to ensure a coordinated and lawful operational process. 

If the investigation reveals any breach of regulatory and legislative frameworks, appropriate authorities will explore the actions available to them, which may include lodging a formal complaint with the International Telecommunication Union. 

Also Read: South Africa ready to bend local BEE rules for Starlink as strategic talks with Musk holds today.

Move to circumvent license for Starlink in South Africa

Icasa’s move is another attempt by South Africa to emphasise that the use of Starlink in the country is illegal, pending regulatory approval.

Despite Starlink’s lack of official licensing in the country, South Africans still purchase Starlink kits from countries where the service is available and utilise them in South Africa, though with restrictions. While Starlink’s roaming plans have a restriction of 60 days of continuous use after which the service will stop working, users move the kit to their registered country and use it for at least 24 hours. 

While recent developments seem to cast a green light on Starlink’s entry in South Africa, a series of hurdles still lie ahead.

Last week, Communications Minister Solly Malatsi proposed amending rules to allow companies like Starlink to enter South Africa without sharing ownership. He noted that the plan addresses a gap in the regulations and would give foreign companies two options to enter South Africa: either black ownership or an “equity equivalent” scheme.

Meanwhile, lawmakers on Tuesday challenged the plan. A prominent party in the country, ANC, said the proposed policy is leaving an opportunity for international players to come through the back door by favouring big business rather than the interests of South Africans and those who are previously disadvantaged.

“We are not going to accept a situation where our laws are going to be rewritten in Washington,” it said.

South Africa introduced black ownership rules after the end of apartheid, an era in which black people were excluded from the formal economy by the ruling white minority. Elon Musk, who was born in Pretoria, has recently called South Africa’s race-based laws “openly racist,” where he noted that his satellite service is facing regulatory issues because he’s not black.

Starlink’s technology, which relies on low-Earth orbit satellites, would be a potential game-changer for South African users who have historically grappled with expensive or unreliable internet options. According to a 2023 report compiled by a local statistics agency, only 1.7 per cent of rural households have access to the internet.

While the regulatory issue stalls Starlink’s entry into South Africa, it continues to expand across the African region with footprints in 21 countries and more in prospect.