Say goodbye to spam calls as you know them in South Africa
South Africa’s direct marketing landscape is undergoing a massive shift, with new laws imposing harsh penalties on violators.
South African consumers have faced a surge in spam messages and calls in recent years, even when consumers explicitly tell direct marketers to stop contacting them.
Speaking to MyBroadband, Truecaller said that monthly spam call volumes were nearly 23% higher on average in the first five months of 2026
Truecaller added that spam messages had increased at an even faster rate, rising 61.2% over the same period.
Amid the rise in spam, rules governing direct marketing underwent a major shift in April, with the publication of the Consumer Protection Act Amendment Regulations, 2026.
The Minister of Trade, Industry and Competition, Parks Tau, published the regulations, which amend Regulation 4 of the Consumer Protection Act Regulations, 2011.
Law firm Wright Rose-Innes said that the amendments establish a formal opt-out registry, which enables consumers to pre-emptively block unwanted direct marketing communications.
The Consumer Protection Act (CPA) empowers the National Consumer Commission (NCC) to create a registry in which individuals may register a pre-emptive block against direct marketing communications.
It also allows the Minister to issue regulations governing the operation of such a registry. The recent amendments thus massively expand on the practical implementation of the framework.
This includes direct marketers now being required to register on the opt-out registry and pay an initial registration fee of R2,574.00.
Registration will also need to be renewed annually upon payment of a prescribed renewal fee of R1,930.50.
Wright Rose-Innes added that direct marketers will now need to be clearly identifiable on public platforms.
All electronic communication will also need to include all relevant details, including name and contact details.
Information in the opt-out registry must be kept accurate and up to date. Direct marketing to consumers who have registered a pre-emptive block is strictly prohibited.
Direct marketers are also required to clean their databases monthly against the NCC registry to remove consumers who have opted out.
“The amended regulations further prescribe safeguards regarding the management of the registry,” said Wright Rose-Innes.
“The NCC is required to use the information collected solely for the administration of the opt-out registry and may not disclose confidential consumer information without consent, except where required by law.”
Massive fines on the table
Consumers who wish to register a pre-emptive block can do so by completing the prescribed form found in the regulations, with the NCC required to publish guidance on its website to assist consumers.
The NCC welcomed the amendments and noted that implementation is scheduled to commence in July 2026.
Direct marketers have been urged to ensure compliance, as those who do not comply with regulations could face massive administrative penalties.
These penalties can reach up to R1,000,000 or 10% of the direct marketers’ annual turnover, whichever is greater.
“The amendments to the CPA Regulations mark a fundamental shift in South Africa’s direct marketing landscape,” said Wright Rose-Innes.
“For direct marketers, the changes impose substantial compliance obligations, with failure to adhere resulting in significant financial penalties and reputational risk.
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