Vodacom and MTN have launched legal challenges against Icasa's new mobile data expiry and rollover rules, arguing that parts of the regulations are unclear.
The EFF has slammed Vodacom and MTN For taking ICASA’S new consumer‑protection regulations to court. Picture: AI generated.
The EFF has slammed Vodacom and MTN for taking the Independent Communications Authority of South Africa’s (Icasa) new consumer‑protection regulations to court, accusing the telecom giants of defending a profit‑driven model built on the forfeiture of paid‑for data, voice and SMS bundles.
Vodacom and MTN have launched legal challenges against Icasa’s new mobile data expiry and rollover rules, arguing that parts of the regulations are unclear, difficult to implement and could disrupt competition.
Rules
Icasa insists the rules are designed to protect consumers by ensuring unused bundles can be rolled over or transferred.
The rules, published in January 2026 and set to take effect in January 2027, require operators to automatically roll over unused bundles at least once, restrict out‑of‑bundle charges unless customers opt in, and allow bundle transfers without limits.
‘Exploitative practices’
In a statement, the EFF said it has fought for years to protect the poor from “exploitative practices” in the industry, taking the battle to Parliament to ensure unused bundles are rolled over.
“Data does not rot, expire, or perish like food,” the EFF declared. “There is no rational or moral justification for telecommunications companies to confiscate data that our struggling people have already paid for simply because a date printed in a system has been reached.”
Icasa’s regulations, hailed as a victory for millions of consumers, require automatic rollover of unused data, voice and SMS bundles at no extra cost.
Vodacom and MTN
Vodacom argues that while it supports consumer protection, the regulations are ambiguously worded and could cause unintended consequences.
For example, calls might be cut off once a bundle is depleted if customers have not opted into out‑of‑bundle billing. The company also raised concerns about very large fixed wireless products and unlimited bundle transfers, warning these could create informal resale markets.
MTN similarly contends that Icasa exceeded its mandate, removing areas of product differentiation and leaving operators to compete mainly on price.
It argues the regulator exceeded its legal powers, while Vodacom claims the rules are ambiguous and difficult to implement.
‘Cynical’
The EFF dismissed these arguments as cynical.
“These are some of the largest telecommunications corporations operating in Africa, with sophisticated systems. They are perfectly capable of implementing rollover and preventing unauthorised charges,” the party said.
‘Corporate pressure’
The EFF called on Icasa to resist corporate pressure.
“The attempt to challenge these regulations exposes the greed at the heart of South Africa’s telecommunications industry.”
Icasa maintains that the amendments simply set minimum standards and do not stifle competition. The regulator began revising the rules after years of consumer complaints about bundle expiry and forfeiture.
Both operators say they will continue engaging with Icasa but want the courts to ensure the framework is lawful, practical, and competitively neutral.
