New ICASA rules will protect consumers against surprise charges and expiring data

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South Africa’s communications regulator, ICASA, has introduced new rules aimed at protecting cellphone users from unexpected charges and the loss of unused data.

 

The End-User and Subscriber Service Charter Amendment Regulations, 2025, published in the Government Gazette on 23 January 2026, strengthen consumer rights around mobile data, voice and SMS bundles. The changes will take effect in January 2027, twelve months after publication.

 

Stronger protection against “bill shock”

 

One of the biggest changes is a strict rule on out-of-bundle charges. Mobile networks will no longer be allowed to charge customers once their bundles are depleted unless the customer has actively opted in to those extra charges. If a user has not opted in, services must be stopped until a new bundle is bought or permission is given.

 

To help customers manage their usage, operators must also send depletion warnings when a bundle reaches 50%, 80% and 100% usage. Notifications can be sent via SMS, app alerts or other electronic methods.

 

Data must roll over

 

Under the new rules, unused bundles must be rolled over automatically at least once when they expire, at no extra cost to the user, provided the SIM card remains active.

 

However, this does not apply to:

 

  • Bundles valid for seven days or less
  • Uncapped bundles
  • Free bundles
  • Promotional bundles

 

No more losing older bundles first

 

ICASA has also introduced a “first expiry, first out” rule. This means networks must use up bundles that are closest to expiring before newer ones, reducing the chances of customers losing paid-for data.

 

Sharing bundles now required

 

Customers will also gain the right to transfer bundles to other users on the same network. Transfers cannot be limited by the number of times a user sends data, voice minutes or SMSs, but promotional, free and uncapped bundles are excluded.

 

Protection during network faults

 

If a customer is unable to use a bundle because of a network fault, the provider must extend the bundle’s validity period.

 

Why ICASA made the changes

 

ICASA says the amendments respond to ongoing consumer complaints about expiring data, high out-of-bundle charges and lack of transparency. The regulator argues the new rules set minimum standards while still allowing competition between service providers.

 

The regulations form part of broader efforts to improve fairness in South Africa’s mobile market and give consumers greater control over their spending.

 

The new rules have been widely welcomed. The Chairperson of the Portfolio Committee on Communications and Digital Technologies, Khusela Sangoni-Diko, said in a statement that this was a decisive step forward in the quest to reduce the cost of living for South Africans.

 

The Economic Freedom Fighters (EFF) says this step is the direct result of its sustained political pressure.

 

The party says the next step in its fight will be on the high cost of data, the extension of rollover periods, and the dismantling of exploitative pricing models.

 

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