FACT SHEET: CONTROL AND EQUITY OWNERSHIP BY HISTORICALLY DISADVANTAGED GROUPS AND THE APPLICATION OF THE ICT SECTOR CODE

Since 2006, ICASA has been obliged to comply with the objects of the ECA in its regulation of the telecoms and broadcasting sectors – objects such as the promotion of “broad-based black economic empowerment (BBBEE), with particular attention to the needs of women, opportunities for youth and challenges for persons with disabilities”₁ (the BEE obligation) and the determination of the percentage of equity ownership to be held by persons from “historically disadvantaged groups” ₂ (the HDG obligation) when awarding, amending, transferring and renewing licences.  In this Regulation ₃ ICASA states that its primary purpose is to “promote equity ownership by HDG and to promote BBBEE”.  It also states that the Regulation will “facilitate diversity and transformation in the ICT Sector…”.  ICASA has drawn on the ICT Sector Code₄ in formulating this Regulation, with some changes.