South Africa’s two largest mobile network operators, MTN and Vodacom, have taken legal action against the country’s telecommunications regulator, the Independent Communications Authority of South Africa, over new consumer protection rules that would require unused mobile data, voice and SMS bundles to roll over automatically instead of expiring.
The regulations, which are expected to take effect in January 2027, are aimed at giving consumers greater value by ensuring they do not lose unused bundles at the end of their validity period. The new rules also seek to strengthen protection against unexpected out of bundle charges and require telecom operators to use customers’ oldest available bundles before newer ones.
The court challenge is expected to have a significant impact on millions of mobile subscribers across South Africa, many of whom have long complained about losing data they had already paid for once their bundles expired.
According to the regulator, customers should be allowed to carry over unused data, voice and SMS bundles automatically at least once without paying extra fees or signing up for the service. The move follows years of public complaints and calls for stronger consumer protection within the telecommunications sector.
MTN and Vodacom, however, argue that the regulator exceeded its legal authority by introducing the new requirements. The companies also contend that the economic consequences of the regulations were not properly assessed and that industry stakeholders were not sufficiently consulted before the rules were approved.
The disagreement has been building for several months. In January 2026, the regulator officially published revised consumer protection regulations after an extended period of consultations and growing public concern over data expiry and unexpected charges once subscribers exhausted their bundles.
In addition to mandatory rollover of unused bundles, the regulations would prevent operators from charging customers out of bundle rates after their allocations have been exhausted unless users specifically choose to continue using the service under those conditions.
The mobile operators maintain that complying with the new requirements would require extensive changes to their billing systems and could have considerable financial consequences for their businesses.
The dispute also revives a long standing battle over mobile data policies in South Africa. In 2017, MTN, Vodacom and other operators challenged similar consumer protection measures in court, delaying their implementation for several years.
The outcome of the latest legal battle could shape the future of mobile services in the country. A victory for the regulator would strengthen consumer rights by allowing subscribers to retain unused bundles for longer and reducing unexpected charges. If the telecom companies prevail, the regulations could face delays, revisions or even be set aside altogether.
As the case moves through the courts, it is expected to play a key role in defining the balance between protecting consumers and addressing the commercial interests of one of Africa’s largest telecommunications markets.
