EFF accuses Vodacom and MTN of defending ‘confiscation’ of paid data as they challenge ICASA rules

The Economic Freedom Fighters (EFF) has accused Vodacom and MTN of defending a profit model built on the forfeiture of paid-for bundles after the two operators launched legal challenges to new rules from the Independent Communications Authority of South Africa (Icasa).

Who is challenging the rules and why

Vodacom and MTN have taken Icasa to court over the regulator’s new mobile data expiry and rollover regulations, arguing that parts of the rules are unclear, difficult to implement and could disrupt competition.

What the Icasa rules require

The rules, published in January 2026 and set to take effect in January 2027, require operators to automatically roll over unused bundles at least once, restrict out-of-bundle charges unless customers opt in, and allow bundle transfers without limits.

Responses from the parties

The EFF said it has campaigned to protect poor consumers from what it called “exploitative practices” and criticised the operators’ court action. In its statement the party declared:

“Data does not rot, expire, or perish like food. There is no rational or moral justification for telecommunications companies to confiscate data that our struggling people have already paid for simply because a date printed in a system has been reached.”

The EFF dismissed Vodacom’s and MTN’s legal arguments as cynical and said the companies are capable of implementing rollover while preventing unauthorised charges. The party also called on Icasa to resist corporate pressure and said the court challenge “exposes the greed at the heart of South Africa’s telecommunications industry.”

Vodacom said it supports consumer protection but described the regulations as ambiguously worded and warned they could have unintended consequences, for example that calls might be cut off once a bundle is depleted if customers have not opted into out-of-bundle billing. Vodacom also raised concerns about very large fixed wireless products and unlimited bundle transfers creating informal resale markets.

MTN argued that Icasa exceeded its mandate by removing areas of product differentiation and leaving operators to compete mainly on price. MTN said the regulator exceeded its legal powers.

Icasa responded that the amendments set minimum standards and do not stifle competition. The regulator began revising the rules after years of consumer complaints about bundle expiry and forfeiture.

Next steps

The source reports that both Vodacom and MTN said they will continue engaging with Icasa but have gone to court to have the framework reviewed to ensure it is lawful, practical and competitively neutral.