The South African government has introduced a National Opt-Out Registry aimed at curbing unsolicited direct marketing, including spam calls and messages. Trade, Industry and Competition Minister Parks Tau announced that registration for the Registry would run in two phases, ending in mid-April 2027. The Registry is designed to give consumers the right to pre-emptively block unwanted direct marketing, in line with Section 11(3) of the Consumer Protection Act.
Minister Tau emphasized that the move is not a ban on electronic communication but aims to ensure that it happens with respect and consideration for consumers. He cited a Truecaller 2026 survey, which showed that South Africans received an estimated 17.47 billion spam calls between January and June this year, a 25% increase on the same period last year. This has led to South Africa ranking ninth in the world for spam call intensity.
The National Consumer Commissioner, Hardin Ratshisusu, outlined the two phases of implementation for the Registry. The first phase, from September 15 to December 2026, will focus on registration, while the second phase, from December 2026 to April 2027, will allow direct marketers to cleanse their marketing lists over a period of five months. Businesses that fail to register during this period will be in contravention of the Consumer Protection Act.
Companies and individuals wishing to register will need to visit the National Consumer Commission's (NCC) website and follow a simple process that takes just two-and-a-half minutes. The NCC will also roll out consumer education initiatives throughout the country to assist consumers and help them register. Minister Tau warned that companies that contravene the amended regulations could face fines of up to R1 million or 10% of annual turnover, whichever is greater.
The introduction of the National Opt-Out Registry has been welcomed by the chairperson of the South African Information Regulator, Pansy Tlakula. However, she emphasized that the amended regulations to the Consumer Protection Act must be read in conjunction with the Protection of Personal Information Act (POPIA), which already regulates the use of personal information for direct marketing.
The Registry is seen as a significant step in managing direct marketing and curbing spam calling and messaging. Minister Tau stated that Section 14 of the Constitution guarantees everyone the right to privacy, and a person's phone number, email address, and time are not "raw materials to be harvested and traded" without their consent.
The National Consumer Tribunal will handle contraventions of the Act, and the government is confident that the Registry will protect consumers and data subjects against unsolicited direct marketing communications. The Registry is set to come into effect on April 15, 2027, and will provide a mechanism for consumers to pre-emptively block unwanted direct marketing.
Key points
- Companies that contravene the amended regulations could face fines of up to R1 million or 10% of annual turnover, whichever is greater.
- The Registry will be implemented in two phases, with registration ending on April 15, 2027.
- South Africa has ranked ninth in the world for spam call intensity, according to the latest data.
