The Independent Communications Authority of South Africa has published for public comment further draft amendments to its 2016 End-user and Subscriber Service Charter (“EUSSC”) Regulations.

The proposed amendments aim to improve and strengthen consumer protection provisions within the Charter, whilst striking a careful balance between the interests of consumers and the need for a dynamic and effective market for bundles of voice, SMS, data, and OTT services.

In the main, the draft amendments propose to:

• Treat all service bundles that customers may purchase in the same way, be they voice, SMS or data;
• Ensure that social media / OTT bundles are also treated similarly;
• Provide staggered provisions for the automatic, partial rollover of unused portions of service bundles of 7 days or longer;
• Give certainly as to the full duration of very short bundles (eg 1 hour = 60 full minutes, 1 day = 24 full hours);
• Protect the right of consumers to transfer bundles or bundle portions between SIM cards on the same network.  

The proposed amendments are necessitated by numerous ongoing concerns raised by various stakeholders, including consumer groups, regarding the expiry rules for service bundles, high out-of-bundle rates and rules, and lack of clarity with regards to rollover and transfer provisions for voice, SMS, data and other types of bundles purchased by customers.

The submissions, received from multiple stakeholders in 2022 regarding the initial draft amendments of the EUSSC Regulations suggested that certain proposed changes could result in reduced consumer choices, increased prices, and impede competition within the short-term bundle market.

As a result, the Authority elected to defer the amendment of Regulations 8A and 8B respectively in order to undertake further consultations so as to ensure an appropriate balance between the interests of consumers and the functioning of the dynamic market in this space.  It is now that the Authority is publishing these revised draft amendment regulations for public consultation and stakeholder input.

“We believe that the new draft amendments to these sections of End-user and Subscriber Service Charter Regulations will now strike the appropriate regulatory balance,” says Committee Chairperson Cllr Charley Lewis.  “The vibrant market for low-denomination, short-term bundles will be allowed to flourish.  But, on the other hand, consumers of longer-duration, larger-denomination bundles will not be unduly disadvantaged given the firm, clear guidelines we are proposing for the roll-over or transfer of portions of what they have purchased in good faith.”   

Notes for editors

The draft amendment to the End-user and Subscriber Service Charter (“EUSSC”) Regulations, and the associated Reasons Document are both available on the Authority’s website https://www.icasa.org.za/legislation-and-regulations/regulations-underway  

The original End-User and Subscriber Service Charter Regulations were promulgated on 1 April 2016 (Government Gazette No 39898).

They were subsequently amended in 2018 (Government Gazette No 41613), 2019 (Government Gazette Nos 42225 and 42266) and 2023 (Government Gazette No 48318, with Reasons (Government Gazette No 48329).

Ends.

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