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Namibia shuts door on Starlink: Why Musk's licensing playbook failed | Africa | NOW in SA

JOHANNESBURG– Namibia has firmly shut the door onStarlinkafter dismissing624 reconsideration requestsseeking to overturn the satellite internet provider’s licence rejection. TheCommunications Regulatory. . .

By @NowInSA · · 7 min read

Namibia shuts door on Starlink: Why Musk's licensing playbook failed | Africa | NOW in SA

JOHANNESBURG– Namibia has firmly shut the door onStarlinkafter dismissing624 reconsideration requestsseeking to overturn the satellite internet provider’s licence rejection. TheCommunications Regulatory Authority of Namibia (CRAN)also rejected Starlink’s own appeal because it arrived after the legal deadline had expired. The decision leavesSpaceXwith only one remaining option: approaching Namibia’sHigh Courtfor judicial review. The setback comes as similar debates continue inSouth Africa, where regulators, politicians and local leaders remain divided over Starlink’s proposed entry and ownership model. The company has already clashed with government officials overfalse licence denial claims, while pressure continues to mount over empowerment requirements. Unlike many African countries where Starlink has secured market access, Namibia systematically dismantled the tactics that have helped Elon Musk’s company expand across the continent. Four reasons Namibia rejected Starlink1. Local ownership laws trumped connectivity promisesAt the centre of Namibia’s decision isSection 46 of the Communications Act, which requires telecommunications operators to maintain at least51% Namibian ownership. Starlink Internet Services Namibia remains wholly owned bySpaceX. Although the law permits exemptions, Information and Communication Technology MinisterEmma Theofelusdeclined to grant one. Ownership concerns featured prominently in the reconsideration requests. Some applicants proposed reseller arrangements or alternative business structures. However,CRAN chief executive Emilia Nghikembuasaid regulators could only evaluate the proposal formally submitted by Starlink. “Our position has always been that the law indicates that in order for an applicant to receive a licence, you must be 51% owned and/or controlled and if not, you must apply for an exemption from the minister. The minister rejected that exemption. ”Nghikembua also dismissed suggestions that regulators should advise applicants on how to restructure their business models. “It is not for us as regulators to encourage applications to break the law, but rather applicants must place before us a business case that is compliant with the law. ”The dispute closely mirrors South Africa’s own debate. Proposedcommunications policy shiftswould allow multinational operators to meet empowerment obligations throughEquity Equivalent Investment Programmes (EEIPs)instead of relinquishing equity. 2. Starlink missed an appeal deadline CRAN could not waiveStarlink’s reconsideration request failed before regulators could assess promises of lower prices, improved competition or better internet access. CRAN rejected the company’s licence application onMarch 23, 2026. Under Namibia’s Communications Act, applicants have 30 days to seek reconsideration. That deadline expired onApril 22, 2026. Starlink only submitted its appeal onJune 8, 2026. Nghikembua said CRAN had no legal authority to excuse the delay. “The law requires that the application be submitted within 30 days from the date of the decision. In this case, the 30 days to submit the application lapsed on 22 April. ”She added:“Neither the Communications Act nor the regulations allow Cran to condone late applications. ”Once the statutory period expired, CRAN lost jurisdiction over Starlink’s reconsideration request. Regulators could no longer assess the merits of the technology, its speed advantages or its rural connectivity proposals. 3. Hundreds of public appeals collapsed on procedural groundsPublic enthusiasm for Starlink could not rescue the application. CRAN received624 reconsideration requestsfrom citizens and advocacy groups who argued that Starlink would increase competition and help bridge connectivity gaps. Yet622 applicationsfailed to meet basic legal requirements. Nghikembua said many submissions did not explain what applicants wanted reconsidered or provide valid reasons to review the March decision. Only two requests satisfied procedural requirements. Even those failed to persuade regulators. “One of the main arguments raised was that Starlink’s entry into Namibia would improve competition and help bridge connectivity gaps. ”Nghikembua said CRAN had already considered those issues during the March assessment. The authority also refused to entertain a petition signed by about 5,000 Namibians because organisers submitted it on June 17, nearly two months after the deadline had passed. “Neither the regulations nor the Communications Act empower us to deal with applications that have been submitted late. ”CRAN emphasised that its licensing assessment is based on six statutory criteria and that applicants must satisfy all six requirements. 4. Digital sovereignty remains a red lineNamibia’s decision reflects a broader African debate aboutdigital sovereignty, national security and foreign control over communications infrastructure. Authorities worry that satellite internet providers operating outside domestic networks could make it harder to enforce local taxation rules, lawful interception requirements and data protection laws. CRAN’s concerns are not purely theoretical. The regulator previously ordered Starlink to cease unauthorised operations after consumers imported terminals into Namibia and accessed the network through roaming services. Police later confiscated devices and opened criminal cases. Officials insist that Namibia welcomes satellite technology. They argue, however, that foreign operators must comply with the same legal framework that applies to domestic companies. Those concerns echo warnings raised in South Africa, where analysts and policymakers have highlighteddigital sovereignty concernslinked to foreign-controlled communications networks. How Starlink usually secures licences elsewhere in AfricaDespite resistance in Namibia and South Africa, Starlink has expanded rapidly. The company now operates in more than166 countries and territoriesand serves overnine million subscribers worldwide. Its African expansion strategy relies heavily on consumer demand, social impact pledges and sustained political engagement. Nigeriabecame Starlink’s anchor African market in 2023. The company later launched services inKenya, Zambia, Rwanda, MozambiqueandSenegal. One tactic involves allowing consumers to use regional roaming services before obtaining domestic approval. Citizens purchase terminals in neighbouring countries and import them into markets where Starlink remains unlicensed. Similar practices fuelled anillegal roaming crackdownin South Africa as regulators disconnected unauthorised users. Starlink also promotes connectivity projects aimed at schools and clinics to build public support. Across Africa, the company says it has helped connect hundreds of healthcare facilities and rural schools. In South Africa, Starlink has proposed aR500 million EEIP investment packagethat would connect5,000 rural schoolsand benefit more than2. 4 million learnerseach year. On itsSouth African landing page, Starlink argues that it supports transformation objectives and has identified local partners to create jobs, increase access and establish a domestic support ecosystem. The company insists it is not seeking special treatment. Instead, it says regulators should align licensing regulations with existing EEIP mechanisms recognised under B-BBEE legislation. Despite its lobbying push, Starlink has run into pushback from officials and local governments, especially amid the recentpublic exchange between Elon Musk and Clayson Monyela— who serves as DIRCO’s head of public diplomacy. Others remain unconvinced that empowerment laws should change for multinational technology firms. Critics include lawmakers who argue thatStarlink’s South Africa plans should remain halteduntil the company complies with existing ownership requirements. Why Starlink’s African playbook stalled in NamibiaStarlink’s strategy has often succeeded because regulators eventually respond to public demand, investment pledges and pressure from underserved communities. Namibia neutralised those pressure points. The government refused to waive ownership requirements. Starlink missed a non-negotiable legal deadline. Hundreds of public appeals collapsed because they did not satisfy procedural standards. Security and sovereignty concerns also outweighed arguments about faster internet speeds. The Windhoek Observer captured the broader debate in an editorial published after the ruling. The newspaper argued that the issue is no longer whether Starlink’s technology is beneficial, “but whether innovation should override domestic legislation. ”For Namibia, the question is whether multinational technology companies should adapt to national laws or expect regulators to create exceptions that domestic operators do not receive. For now, CRAN says its administrative role has ended. “Cran’s role in this application has now concluded. The aggrieved parties may invoke Section 32 of the Communications Act by bringing an application for review before the High Court,” Nghikembua said. Editor's DeskCurated by editor-in-chief, Tankiso Komane, this special collection of articles from the Editor's Desk unpacks topics of the day, including commentary, in-depth analysis and partner content.

Source: nowinsa.co.za

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