South Africa’s two largest mobile network operators, MTN and Vodacom, have launched separate legal challenges against the Independent Communications Authority of South Africa (ICASA) over new consumer protection rules that would mandate the automatic rollover of unused mobile data bundles.
The regulations, gazetted in January 2026, are set to take effect on 23 January 2027. They require operators to automatically roll over unused data, voice, and SMS bundles—excluding those valid for seven days or less, as well as uncapped, free, and promotional bundles—at no cost to consumers. The rules also mandate an opt-in system for out-of-bundle charges, free transfers of unused data to users on the same network, and usage-depletion notifications at 50%, 80%, and 100%.
MTN served court papers on 22 July, seeking to have the regulations reviewed, set aside, and declared invalid. The operator argues that ICASA exceeded its legal powers and that the rules will reduce competition and ultimately increase prices. Vodacom, while stating it supports consumer protection, contends that aspects of the regulations are ambiguous and difficult to implement.
The court action has drawn sharp criticism from the Economic Freedom Fighters (EFF), which described the legal challenge as an attempt to undermine consumer protections. The party argued that “data does not rot, expire, or perish like food,” and called on ICASA to resist corporate pressure. Parliament’s Portfolio Committee on Communications and Digital Technologies has also weighed in, with Chairperson Khusela Diko stating there is no technical reason for data to expire.
The dispute marks the latest chapter in a battle that has spanned more than four years. ICASA first proposed tough new expiry rules in 2022, initially suggesting a six-month rollover period before settling on the softer once-off requirement following industry pushback.
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