South Africa: The law on data and airtime expiration

The legal position on the expiration of mobile data and airtime in South Africa has recently come under renewed scrutiny, particularly from the perspective of striking an appropriate balance between the interests of consumers and mobile operators, respectively. This follows previous attempts by the sector regulator, the Independent Communications Authority of South Africa (ICASA), to regulate airtime and data expiration in 2022 and 2024.

Current legal position

At present, the End-User and Subscriber Service Charter Regulations, 2016 (End-User Regulations), do not regulate matters relating to the expiration of mobile data and airtime, allowing telecommunications providers to determine their own expiry periods.

Regulation 8B of the End-User Regulations only requires licensed telecommunications providers to provide end-users with an option to roll over unused data before it expires. In the event of unused data being rolled over, the telecommunications provider must first (i) apply data usage against the rolled-over data until that data is fully depleted, and thereafter (ii) apply data usage against any newly allocated data.

Notwithstanding the rollover provisions in the End-User Regulations, there are no similar provisions related to the roll over of airtime, voice or SMS services.

Proposed 2022 draft amendments 

On 31 March 2022, ICASA published its Draft End-User and Subscriber Service Charter Amendment Regulations (2022 Draft Amendment Regulations) for public comment. Amongst other things, the 2022 Draft Amendment Regulations proposed an amendment to regulations 8A and 8B of the End-User Regulations by introducing a limitation on the expiry of unused voice services, SMS services, data and data services (unused services). In particular, the 2022 Draft Amendment Regulations proposed that the unused services ‘shall not expire before expiry of a period of 6 months, except for promotional packages’. 

Various stakeholders raised concerns that implementation of the 2022 Draft Amendment Regulations could have a negative impact on customers who purchase data for short periods of time at a discounted price. In particular, some operators submitted that data prices are reduced when expiry periods are shortened, catering for those who require large amounts of data for only limited periods. After considering these submissions, ICASA decided to defer the contemplated amendments relating to the expiry of unused services and expressed its intention to undertake further consultations instead.

The final End-User and Subscriber Service Charter Amendment Regulations, 2023, which did not deal with the expiry of unused services, came into effect on 28 March 2023. 

Proposed 2024 draft amendments 

On 29 February 2024, ICASA published its Draft End-User and Subscriber Service Charter Amendment Regulations (2024 Draft Amendment Regulations) for public comment. The 2024 Draft Amendment Regulations proposed, amongst other things, the staggering and partial roll over of bundles (ie, data, voice minutes, SMS, and OTT service bundles, or a combination thereof).

In particular, the 2024 Draft Amendment Regulations proposed:

• in the case of medium-term bundles (defined as a bundle valid between seven and 30 days from activation), the automatic roll-over of 50% of any unused bundle for an equivalent validity period, provided that any unused portion of any bundle should be rolled over at least twice; and
• in the case of long-term bundles (defined as a bundle valid for more than 30 days from activation), the automatic roll-over of 25% of any unused bundle for an equivalent validity period, provided that any unused portion of any bundle should be rolled over at least once. 

While the 2024 Draft Amendment Regulations appear to address key concerns raised by consumers and stakeholders regarding the expiry of unused services, these draft regulations have not been finalised. The reasons for ICASA’s delay are unclear. However, this perceived lack of progress has drawn increased scrutiny. 

Increased scrutiny and way forward 

On 13 June 2025, representatives of various mobile network operators (including Cell C, MTN and Vodacom) appeared before the Parliamentary Portfolio Committee on Communications and Digital Technologies (Committee) to address, amongst other matters, the challenges and developments related to the cost of communications in South Africa.

The Chairperson of the Committee, Ms Khusela Sangoni Diko, emphasised the need for continued dialogue on the issue of the expiry of unused services, stating that, ‘people buy this data and it cannot simply disappear on the basis of MNO determined timelines’. 

Although the Committee has called for further engagement on the expiration of data services, no definitive timeline has been set for resolving the matter. It also bears noting that the Committee stressed the need for further engagement, specifically on the matter related to the expiration of data services, but not necessarily the expiration of airtime, SMSs or other services. 

Based on the request for further engagement by the Committee, as well as the challenges expressed by various mobile network operators, it is unlikely that the 2024 Draft Amendment Regulations will be promulgated in their current form. Instead, it seems likely that ICASA will propose further amendments to the 2024 Draft Amendment Regulations, which will be published in the Government Gazette for public comment in due course.

While a delay in finalising the 2024 Draft Amendment Regulations is expected, resolving the issue of data and airtime expiration is essential to improving consumer protection and ensuring legal certainty, while also taking into consideration the operational and commercial interests of mobile network operators.