BIG change for mobile data in SA? But first, a court battle

South Africa’s battle over mobile data costs and unused data is heading to court, with Vodacom and MTN challenging tighter regulations introduced by the Independent Communications Authority of South Africa (ICASA).

The proposed rules are aimed at strengthening consumer protection around data expiry, rollover provisions, transfers and out-of-bundle charges.

ICASA says the changes were driven by persistent complaints from consumers who were losing prepaid data before they could use its full value.

The regulator’s 2026 amendments propose, among other measures, automatic partial rollover of unused service bundles of seven days or longer, as well as allowing consumers to transfer bundles or portions of bundles between SIM cards on the same network.

Why ICASA wants tougher data rules

ICASA says consumers have continued to complain about bundles expiring before they have used the data they paid for.

The regulator has also highlighted concerns around restrictive rollover arrangements and unexpected out-of-bundle charges.

Under the proposed framework, consumers would receive greater protection when their bundles are depleted, while network operators would face clearer requirements around how unused bundles are treated.

The changes build on earlier ICASA consumer-protection regulations.

Since 2018, the rules have included provisions allowing consumers to roll over unused data, transfer data to users on the same network and prevent operators from charging out-of-bundle rates without the customer’s consent.

Vodacom and MTN challenge the changes

The proposed regulatory changes have, however, faced opposition from major operators.

Vodacom and MTN have taken the matter to court, putting the future implementation and final interpretation of the regulations in the spotlight.

Previous submissions to ICASA show that operators have raised concerns about mandatory longer validity periods and extensive transfer or rollover requirements.

MTN argued that greater transparency and consumer awareness could address concerns about data expiry, while Vodacom and other operators have raised concerns about the commercial and operational impact of longer validity periods.

ICASA’s own documents show that the regulator has been grappling with these issues for several years, with data expiry and out-of-bundle billing already central to its earlier regulatory reviews.

Political parties back consumer protection

The proposed changes have also drawn support from several MPs during Parliament’s engagement with ICASA.

DA MP Kathrine Alexandra Christie criticised Vodacom and MTN for challenging the regulations, while EFF MP Muzi Khoza said stronger consumer protections were needed to prevent consumers from losing the value of unused data and facing unexpected charges.

MK Party MP Sithembile Nkosi highlighted the importance of affordable and reliable mobile data for low-income households, unemployed young people, students and small businesses.

BOSA MP Nobuntu Hlazo Webster said Parliament’s responsibility was to ensure that the interests of consumers and the wider economy were considered alongside those of businesses.

These comments reflect the positions of the respective MPs and political parties.

What happens next?

The court challenge means the timing and final implementation of the proposed rules remain uncertain.

For consumers, the outcome could have a significant impact on what happens to mobile data they have already paid for.

The dispute also comes as ICASA separately moves ahead with a new inquiry into the affordability of telecommunications services in South Africa.

The regulator published a new affordability market-inquiry notice on 30 September 2026, saying it will consider the affordability of telecommunications services and potential regulatory or market interventions.

For millions of South Africans who rely on mobile data for communication, education, work and business, the legal battle could ultimately help determine how much value they receive from the bundles they purchase.