Proposed mobile data expiry rules spark a fresh legal fight

Mobile data can disappear from a South African phone overnight, even when it was paid for. New rules aim to change that, but network operators are fighting back in court.

The tug of war has now moved beyond frustrated customers and social media complaints. Vodacom and MTN are challenging parts of the Independent Communications Authority of South Africa’s (ICASA) amended End-User and Subscriber Service Charter Regulations.

The stakes are significant. ICASA recorded 91.4 million active mobile cellular subscriptions in South Africa in 2025, although this figure covers subscriptions active for more than 90 days and can include multiple connections per person.

WHAT DO THE MOBILE DATA RULES REQUIRE?

The regulations, published in January 2026, require operators to roll over unused portions of eligible bundles automatically, without charging customers. They also provide for bundle transfers between SIM cards on the same network.

The rules also introduce a First Expiry First Out system. This means the bundle that expires first must be depleted first. Operators may not allow out-of-bundle usage or charges unless customers purchase a new bundle or actively opt in.

That could make a familiar monthly ritual less painful. Instead of watching unused megabytes vanish at midnight, customers could carry at least some of the mobile data they purchased into the next validity period.

WHY ARE OPERATORS CHALLENGING THE RULES?

Vodacom says its court application does not oppose consumer protection. It argues that some provisions are ambiguous and could prove difficult to implement. MTN says its review seeks a framework that is lawful, reasonable, competitively neutral and practically workable.

There is also a commercial question.

ICASA deliberately excluded bundles valid for seven days or less from the rollover provisions. Communications and Digital Technologies Minister Solly Malatsi said these products are often promotional and discounted.

He warned that forcing operators to roll them over could reduce competition and limit affordable short-term offers, particularly for lower-income consumers.

WHO BENEFITS IF DATA STAYS AVAILABLE?

The EFF sees the court action differently.

It has accused Vodacom and MTN of undermining consumer protections designed to prevent the forfeiture of unused mobile data, voice and SMS bundles.

That puts two legitimate consumer interests against each other. One is getting continued value from something already purchased. The other is retaining access to cheap, short-term bundles.

For South Africans managing tight monthly budgets, the distinction matters.

A seven-day mobile data bundle may cost less than a longer-validity option. Yet a customer who cannot use it in time still loses the unused portion.

The court challenge therefore raises a bigger question than whether data should expire. It asks how far consumer protection should go without removing the pricing choices that make connectivity accessible.

For now, the battle continues.

South Africans may have to wait for the courts to decide whether the new rules for mobile data expiry strike the right balance between protecting what consumers buy and preserving how operators sell it.