With its sixth amendment to a decade-old set of regulations, the Independent Communications Authority of SA (ICASA) has shifted bundle rollovers – across data, voice and SMS – from an illusory benefit into a guaranteed consumer right.
Mobile operators have offered rollover since 2018 – but always on their terms. ICASA’s recently gazetted amendment to its 2016 End-user and Subscriber Service Charter Regulations strip away those conditions. Operators can no longer require customers to buy new bundles to keep their data, limit which bundles qualify, or restrict how often unused units roll over.
At the same time, the regulator has created uniformity in terms of how voice, data and SMS bundles are treated.
SA Legal Academy Policy Watch explains that the latest amendments “curb consumer exploitation through practices such as high out-of-bundle rates and inadequate rollover provisions for bundles”.
It also notes that the new regulations “ensure uniformity and enable oversight… to safeguard the interests of consumers”, giving subscribers a “necessary level of protection for rollover voice and SMS bundles, as well as bundle transfers”.
Rollover freedom
ICASA’s new rules state that mobile network operators (MNOs) must automatically protect the value of unused data, voice and SMS bundles through standardised rollover, predictable depletion rules and default limits on out-of-bundle billing.
Under these regulations, set to come into effect in January 2027, MNOs can no longer make bundle rollovers conditional on consumers buying a new bundle, or limit how often unused units can be rolled over, though bundles of seven days or less remain exempt.
In addition, the amendments require that oldest bundles must be used first, preventing engineered expiry losses, while bundle validity must be extended if the user could not reasonably use it due to network faults. Silent out-of-bundle billing ends as consumers need to explicitly opt-in before more credits are automatically bought.
ICASA’s regulations also specify that MNOs must send usage notifications at 50%, 80% and 100% depletion levels. The regulator is now also making it possible for consumers to transfer parts of bundles to other users on the same network.
In the gazette, ICASA explains that the amendments speak to “the existing regulatory gap which resulted from some of the conditions attached to the rollover and transfer provisions set by licensees”.
ICASA states that “such conditions place an extra burden on consumers to spend more money to extend the validity periods, or to replace the expired bundles by prohibiting them from deriving the full benefits of their purchased bundles… The authority is of the view that licensees historically evaded the spirit of the regulations, leading to consumer exploitation through practices such as high out-of-bundle rates and inadequate rollover provisions for bundles.”
Pattern of conduct
World Wide Worx MD Arthur Goldstuck says the amendments aim to address long-standing consumer frustrations with how operators have used rollover conditions as a marketing tool rather than a consumer right.
“Users pay upfront for data or airtime, then watch value drain away through conditions that only become clear after balances run out,” he says.
ICT veteran Adrian Schofield points out that in the prepaid world, bundles are unusual because, aside from perishable food, few purchased goods actually “expire”. “Data and voice bundles are not perishable and should never have been allowed to expire unused.”
ICASA’s amendments are a response to what Goldstuck calls a “pattern of conduct” rather than isolated complaints.
“Disappearing data and sudden out-of-bundle charges form part of a steady flow of grievances, especially in the prepaid market. That is where complexity carries the highest cost for consumers and delivers the greatest advantage to service providers,” says Goldstuck.
Schofield adds that “what makes the concept more unjust is that the majority of affected consumers would be in the lowest income bracket and least able to negotiate with the providers”.
Goldstuck also notes that the amendments challenge an industry habit that has gone largely unchecked. “Telecom products have grown progressively harder to track and compare, creating distance between what is sold and what is experienced. That distance has served operators well.”
ICASA’s amendments place clearer responsibility on service providers to account for use in ways that customers can follow without specialist knowledge, Goldstuck explains.
“ICASA has focused on transparency and visibility rather than product design. Operators retain wide latitude to compete, while consumers gain clearer insight into how services behave once activated.”
Operator reaction
Vodacom comments: “We are busy studying the amended regulations published by ICASA and will engage in due course.”
In response to a request for comment, Cell C says it is reviewing the gazetted amendments in detail, including the implications referenced in the reasons document provided by ICASA.
“At this stage, Cell C is assessing the potential impact on our operations, customers and broader industry dynamics. We will have an informed position once the evaluation process is completed.”
In a statement to ITWeb, MTN says: “MTN South Africa notes the announcement by ICASA regarding the new End-User and Subscriber Service Charter Amendment Regulations and is currently assessing the implications for the business. MTN will provide further updates in due course as more information becomes available.”
Goldstuck notes that the outcome now rests with enforcement. “Visible consequences for non-compliance would change behaviour.”
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