The Companies Tribunal has ruled in favour of the Independent Communications Authority of SA (Icasa) ordering the cancellation of the name reservation of “ICASA se Push”, a Mozambique-based internet service provider (ISP).
Icasa, the official regulator of SA’s communication, broadcasting and postal sectors, filed the application against ICASA se Push, citing concerns that the company’s name could falsely imply an association with the regulatory body.
The name was initially reserved by the Companies and Intellectual Property Commission (CIPC), the tribunal said.
Icasa argued that the use of its acronym by an unrelated entity could lead the public to mistakenly believe that the ISP was either operated or endorsed by the SA regulator.
“It is a chapter 9 Institution, a regulator and an organ of state. Consequently, the [ICASA se Push’s] conduct may compromise the applicant’s reputation,” the regulator said.
Icasa contended that ICASA se Push was not licensed to provide satellite-based internet services in SA but was doing so through the importation and reselling of Starlink services, which contravened both the Electronic Communications Act and the Icasa Act.
The tribunal found that the name “ICASA se Push” contravened section 11 of the Companies Act of 2008. The act stipulates that a company’s name must not be confusingly similar to an existing name or trademark, particularly one associated with a regulatory or governmental body.
The tribunal’s decision emphasised the importance of protecting the reputation and independence of regulatory bodies. It stated that any perceived association with a third party could undermine public confidence in Icasa’s ability to fulfil its mandate impartially.
“Icasa is a creature of statute and trades under a name established under the Icasa Act.
“If the reserved name is registered, it is undeniable that this will imply a non-existent association between the two entities. Consequently, the question is whether it is in the best interest of justice to allow the reserved name to be registered, knowing the negative impact this will have on a regulatory body and, most importantly, hampering the applicant’s ability to execute its mandate,” presiding judge Minah Tong-Mongalo said.
Tong-Mongalo said allowing the name to remain could cause deception and confusion, hindering the registrar’s role in promoting good governance. “Such deception will undermine the [Icasa’s] ability to execute its legislative mandate.”
The tribunal ordered the CIPC to cancel the name reservation of ICASA se Push, a decision seen as crucial in safeguarding the integrity of SA’s regulatory institutions.
ICASA se Push, a turnkey solutions provider offering satellite video and internet services, recently penetrated the SA market amid the growing presence of ISPs selling tech guru Elon Musk’s SpaceX's Starlink services, despite regulatory challenges.
By 2023, according to media reports, ICASA se Push had already sold over 300 units, joining other companies including Mozambique’s Starsat Africa, which has faced similar regulatory issues.
Starlink’s services are illegal in SA, with Icasa warning that unlicensed operations could lead to hefty fines. Similar crackdowns have occurred in other African countries, including Ghana, Zimbabwe and Senegal, though some nations such as Benin have already launched Starlink’s services.
Many South Africans have been accessing Starlink services illegally by using a roaming package from countries where Starlink is licensed, despite local regulations prohibiting this practice. As a result, Icasa published a notice deeming this usage illegal and is initiating an inquiry to establish new satellite licensing rules.
The inquiry, outlined in a gazette published on Wednesday, aims to create a transparent regulatory framework with clear procedures for satellite service provision in SA, including the authorisation of user terminals and earth stations.
Icasa said the inquiry sought to review and potentially revise spectrum fees to reflect the growing bandwidth demands of satellite systems in higher frequency bands.
The regulator plans to establish a registration process for international satellite operators, ensuring they comply with ITU co-ordination requirements, all with the goal of fostering regulatory certainty, encouraging investment, and promoting the growth of satellite services in the country.
“SA is a member of the African Telecommunications Union, which periodically seeks to harmonise regulatory processes within its member states,” it said.
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