COMMUNICATIONS: END-USER, SUBSCRIBER REGULATIONS AMENDED TO ADDRESS ROLL-OUT, TRANSFER ISSUES

COMMUNICATIONS: END-USER, SUBSCRIBER REGULATIONS AMENDED TO ADDRESS ROLL-OUT, TRANSFER ISSUES

• 23 January 2026
• Communications & Digital Technologies
• SA Legal Academy

The Independent Communications Authority of South Africa (ICASA) has gazetted a sixth set of amendments to the 2016 end-user and subscriber service charter regulations, along with a document outlining the thinking underpinning the latest changes. Informed by input on a set of proposals released in February 2024 for comment, the amendments are scheduled to come into effect 12 months from publication.

The February 2024 proposals were underpinned by ICASA’s response to issues raised by stakeholders during an earlier consultation process – as outlined in a March 2023 reasons document.

Once in force, among other things the amendments will:

• ‘prescribe minimum standards and set parameters within which licensees may compete without interfering with competition relating to (the) differentiation of products and offerings’
• ‘ensure that all end-users have access to a consistent baseline of protections and service entitlements, regardless of the licensee they use’
• subject standard purchased bundles ‘longer than seven days’ to roll-over (this provision excludes promotional bundles)
• adjust depletion notification requirements to avoid ‘bill shock’ and the sudden termination of services (nevertheless encouraging consumer responsibility, especially in the context of pre-paid services)
• retain existing depletion notice opt-out provisions
• facilitate ‘like-to-like’ standard purchased bundle transfers, nevertheless subjecting them to the terms and conditions applicable when purchased, and
• prohibit the type of bundle transfer activity likely to constitute arbitrage and present associated commercial risk.

With that in mind, once operationalised the amendments are expected to:

• curb ‘consumer exploitation through practices such as high out-of-bundle rates and inadequate roll-over provisions for bundles’
• ‘ensure uniformity and enable oversight … to safeguard the interests of consumers’
• ‘ensure proportionality and reasonableness to the harm identified as a result of loss of bundles’, and
• provide subscribers the necessary level of protection for roll-over voice and SMS bundles, as well as bundle transfers.

Please click the links below for more information:

• amendments (with reasons document)
• February 2024 proposals
• March 2023 reasons document

Published by SA Legal Academy Policy Watch

Follow us on X @SALegalAcademy (you can also join us on LinkedIn and Facebook)

If you use this information in articles, reports and social media posts of your own, please acknowledge SA Legal Academy Policy Watch as your source

0 COMMENTS

LEAVE A COMMENT