Dear Portfolio Committee on Communications and Digital Technologies,
As you may know, ICASA published Ownership and Control Regulations in 2021, requiring telecoms and broadcasting licensees to be owned by 30% HDI until 2024, when another obligation will apply. However, ICASA has chosen to apply only the ownership criteria under the ICT Sector Code, and only AICT100, not deemed ownership. It has not made provision for listed companies that own shares in licensees. It has departed in material ways from the ICT Sector Code but does not have approval from DTI to do so. Transformation of the sector would benefit from the full might of the BBBEE Act, and not only ownership. Please consider a policy direction to or discussion with ICASA to revise the Regulations to accommodate the recognition under the full ICT Sector Code to encourage investment, true transformation, and compliance, in line with national policy.