South Africa Introduces Sweeping New Connectivity Regulations for Affordability and Accessibility

ICASA Unveils New End-User and Subscriber Service Charter Amendments

The Independent Communications Authority of South Africa (ICASA) has introduced significant amendments to its End-User and Subscriber Service Charter Regulations, 2025, designed to enhance the affordability and accessibility of communication services across the nation. These new regulations, published in the Government Gazette on January 23, 2026, are set to come into full effect on January 23, 2027, allowing mobile network operators a twelve-month period to ensure compliance.

The amendments represent a major overhaul of existing consumer protection measures, directly addressing long-standing public concerns regarding the expiry of prepaid data, voice, and SMS bundles, as well as unexpected charges.

Key Provisions to Benefit Consumers

The updated regulations introduce several critical changes aimed at empowering consumers:

• Mandatory Data Rollover: Mobile network operators will be required to automatically roll over unused data, voice, and SMS bundles at least once upon their expiry, at no additional cost to the user, provided the SIM card remains active. Exemptions apply to bundles valid for seven days or less, as well as uncapped, free, and promotional bundles.
• Bundle Transfers: Consumers will gain the right to transfer portions of their data, voice, and SMS bundles to other users on the same network. ICASA has stipulated that these transfers cannot be limited by volume or frequency, although promotional, free, and uncapped bundles are excluded.
• Curbing Out-of-Bundle Charges: A significant measure is the prohibition of charging customers for out-of-bundle services once their allocated bundles are depleted, unless the customer has explicitly opted in for such charges. If no opt-in is provided, services must cease until a new bundle is purchased or permission is granted, thereby preventing 'bill shock'.
• Usage Notifications: Operators must send timely depletion warnings to users when their data, voice, or SMS bundles reach 50%, 80%, and 100% usage. These notifications can be delivered via SMS, app alerts, or other electronic means.
• 'First Expiry, First Out' Rule: To further protect consumers from losing unused value, networks must prioritize the consumption of bundles that are closest to their expiry date.
• Protection During Network Faults: In instances where a customer is unable to utilize a bundle due to a network fault, the service provider is mandated to extend the validity period of the affected bundle.

Industry and Political Reactions

The Chairperson of Parliament's Portfolio Committee on Communications and Digital Technologies, Ms. Khusela Sangoni-Diko, welcomed the regulations, describing them as a 'decisive step forward' in reducing the cost of living for South Africans. The Economic Freedom Fighters (EFF) also lauded the changes as a 'decisive victory' for consumers, particularly for vulnerable populations.

While the regulations are largely seen as a win for consumers, major mobile network operators, including Vodacom, MTN, Cell C, and Telkom, are currently scrutinizing the amendments to assess their potential operational and financial impacts.

Looking Ahead

These new regulations build upon previous efforts, such as sub-regulation 8A promulgated in 2018, which aimed to empower end-users to monitor usage and limit spending. The current amendments address previous regulatory gaps, particularly concerning the rollover of voice and SMS services, ensuring a more comprehensive and uniform approach to consumer protection in the electronic communications sector.