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South Africa: Battle Rages On Between StarSat And Regulator Amid License Expiration Controversy

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South Africa: Battle Rages On Between StarSat And Regulator Amid License Expiration Controversy

October 28, 2024
Reading Time: 3 mins read
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The Independent Communications Authority of South Africa (Icasa) has stated that it is unaware of any additional legal actions from pay-TV operator StarSat, which was taken off air in early October 2024.

StarSat’s headquarters was raided due to non-compliance with the communications regulator. Icasa and law enforcement officials disconnected and seized the broadcaster’s equipment during the operation.

StarSat has indicated its intention to challenge this situation in court.

Icasa spokesperson Zanele Ntuli indicated that the authority is unaware of any further legal action from StarSat, StarTimes, or On Digital Media.

The raid occurred on Wednesday, October 2, 2024, at StarSat’s Midrand headquarters, where authorities disconnected and confiscated broadcasting equipment. StarSat’s marketing manager, Jan Hendrik Harmse, expressed that the raid was mishandled, as crucial equipment needed for broadcasts—not only in South Africa but across Africa—was removed.

“They began unplugging everything and violently taking out equipment essential for our broadcasts, leading to blank screens for our customers and many other African countries,” Harmse stated.

He alleged that the authorities did not have the proper technicians to identify what equipment should be left untouched. “We’re currently unaware of the extent of the damage. We hope to resolve this through the courts, as we have made an urgent application,” Harmse added.

Despite pursuing an urgent interdict, Harmse acknowledged that StarSat would face the considerable challenge of assessing damages and reconnecting its equipment even if granted.

StarSat has been operating unlawfully in South Africa since September 18, 2024, after the regulator granted it a deadline to cease local operations. This situation arose after StarSat submitted its broadcast license renewal application long past the deadline.

The company’s license expired on July 8, 2023, with the renewal application being submitted in November of that year. According to the Electronic Communications Act, broadcasters are mandated to submit renewal applications “no more than 12 months and no later than six months prior” to the expiration date.

“The authority lacks the legislative or regulatory authority to consider a renewal application for a license that has already expired,” it added.

Harmse admitted that StarSat needed to be on time in its submission but cited challenges leading up to the deadline, including difficulties related to the COVID-19 pandemic and ongoing shareholder agreements. He emphasized that StarSat consistently communicated these issues to Icasa.

“We informed them that our application would be late if they required all documentation simultaneously. While we submitted it late, we provided all the necessary paperwork,” Harmse explained.

He believed that StarSat had complied with the regulations and should be allowed to operate, but he criticized Icasa for being unresponsive to their claims.

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