South Africa Introduces Sweeping Changes to Telecom Regulation

South Africa has taken a step toward overhauling its telecommunications sector with the publication of the Electronic Communications Amendment Bill of 2026 by the Department of Communications and Digital Technologies. The proposed law is aimed at modernising the country’s digital infrastructure, improving access, and addressing long-standing inefficiencies in how networks are deployed and managed.

The bill builds on earlier consultation processes held in 2022 and 2023 and introduces a series of measures designed to increase competition and lower barriers to entry. At the centre of the proposal is a stronger push for infrastructure and spectrum sharing, particularly to support smaller operators and community-based networks.

New rules for spectrum use and sharing

One of the key provisions is the introduction of a “use it or share it” approach to radio frequency spectrum. Under this rule, spectrum that remains unused for more than two years can be reassigned or shared by the regulator, the Independent Communications Authority of South Africa (Icasa). Priority would be given to smaller players, including community networks and small businesses, in an effort to open up access to a resource that has historically been concentrated among larger operators.

The bill also proposes that major network providers those covering at least 90% of the population must support mobile virtual network operators (MVNOs) and offer national roaming. This would apply to companies such as Vodacom, MTN, and Telkom, and is intended to expand competition by allowing smaller service providers to operate using existing infrastructure.

Beyond spectrum, the legislation addresses broader infrastructure challenges. It calls for standardised municipal by-laws, including consistent processes for wayleaves, cost-based fees, and uniform terms for deploying telecom infrastructure. It also proposes mandatory access to essential facilities such as ducts, high sites, and submarine cable landing stations, which are often costly or difficult for smaller operators to access.

These changes come in response to ongoing issues identified by Icasa, including fragmented municipal approval systems, inconsistent implementation of deployment policies, and limited access to public infrastructure. Together, these challenges have contributed to delays and higher costs in rolling out networks.

Investment, affordability, and future readiness

The government also hopes the reforms will improve investment conditions in the sector. By clarifying rules and strengthening oversight, the bill aims to attract more funding into broadband and next-generation technologies such as 5G.

While mobile data in South Africa is considered relatively affordable by global standards, the reforms are partly aimed at improving service quality and expanding access. More broadly, the legislation reflects an effort to prepare the country’s telecommunications sector for rising data demand and a more connected digital economy.