Communications minister Solly Malatsi wants new rules for faster fibre rollouts in South Africa
October 22nd 2026
Communications Minister Solly Malatsi has issued a directive instructing the Independent Communications Authority of South Africa to develop new rules to accelerate fibre rollouts.
The Minister published a policy direction in the Government Gazette, instructing the regulator to review its Facilities Leasing Regulations and develop new Rapid Deployment Regulations.
“The objectives are to give effect to existing national and sector policy on access and use of public and private land to facilitate the rollout of nationwide, affordable high-speed broadband,” he said.
“This policy direction does not withdraw the National Policy or Rapid Deployment Policy Direction but is complementary to it.”
However, Malatsi added that to the extent the policy direction differs from the National Policy or the Rapid Deployment Policy Direction, the latter prevails.
He instructed ICASA to review the Facilities Leasing Regulations in particular regard to amendments required following the amendment of Chapter 8 of the Electronic Communications Act, 2014.
Chapter 8 of the Electronic Communications Act explicitly governs Electronic Communication Facilities Leasing in South Africa.
A significant amendment under the Electronic Communications Amendment Act is the prohibition on exclusive agreements for international electronic communications facilities.
The amendment is aimed at preventing companies from monopolising critical global Internet infrastructure and undersea cables.
Malatsi wants ICASA to review the Facilities Leasing Regulations to align with these amendments, and he also instructed the authority to prescribe a list of essential facilities subject to mandatory leasing.
He instructed ICASA to develop a framework for new Rapid Deployment Regulations, including a central geographic information system (GIS) database for spatial data relating to communications networks.
Malatsi said the purpose of such is to eliminate duplication and promote integration, and that the GIS database should be regulated to promote universal access.
“The database should include information concerning electronic communications networks and facilities or ICT infrastructure obtained from licensees using ICASA’s powers to require information,” he wrote.
He also instructed ICASA to determine a process that must be followed to declare a dispute between licensees or between licensees and third parties.
12 months to report back
Disputes must be declared at least 14 days before land access or construction commences, and deployment will be paused until the dispute is resolved.
Landowners are guaranteed compensation or replacement value for any property damage that occurs during construction or maintenance.
Malatsi has instructed ICASA to report back to him annually on the steps taken to finalise and implement amendments to the Facilities Leasing Regulations and the Rapid Deployment Regulations.
He said the first report must be submitted to him within 12 months of the publication date of his direction, giving ICASA until 20 October 2027 to do so.
The Department of Communications and Digital Technologies published the Electronic Communications Amendment Bill of 2026 in April 2026.
It aims to modernise South Africa’s digital landscape while lowering network service costs. Its publication followed public consultation processes conducted in 2022 and 2023.
The Bill included key mechanisms aimed at fostering a more inclusive telecoms sector and making communications services more affordable, as follows:
- Mandatory sharing of hoarded radio frequency spectrum with secondary licensees, giving preference to small networks
- Mandatory spectrum sharing and mobile virtual network operator (MVNO) support from large network providers
- Standardised municipal by-laws, including uniform wayleave processes, cost-based fees, and standardised terms for electronic communications facilities deployments
- Mandatory leasing of essential facilities, including submarine cable landing stations, ducts, and high sites
- Enhanced market competition oversight and collaboration
It also proposed introducing a “use it or share it” mechanism for the radio frequency spectrum to prevent hoarding of this valuable resource.
The application of the “use it or share it” principle will be ICASA’s responsibility, giving the authority the ability to reassign or share licensed spectrum that remains idle for more than 2 years.
If assigned spectrum is not used in any area for 2 years, ICASA may require it to be shared with a secondary licensee.
It must prioritise community networks and small, medium, and micro enterprises when awarding the secondary licence.
Secondly, the amendments will obligate large network operators to provide national roaming and mobile virtual network operator (MVNO) services.
The Bill defines large network providers as those that cover at least 90% of the population with cellular connectivity. This currently includes Vodacom, MTN, and Telkom.
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