Say goodbye to spam calls as you know them in South Africa
The Minister of Trade, Industry & Competition, Parks Tau, has amended the Consumer Protection Act to protect consumers from spam calls.
Gazetted on 15 April 2026, the new regulations fundamentally change how consumers can protect themselves from direct marketers, shifting the burden away from individuals and placing it on the companies.
The new amendments mean that South Africans no longer have to unsubscribe from every company individually.
Registering a “pre-emptive block” on the National Consumer Commission (NCC) registry can legally stop all registered direct marketers from contacting you simultaneously.
Ahmore Burger-Smidt, director and regulatory head at Werksmans Attorneys, said the changes mark a long-awaited shift from a fragmented system to one that is both enforceable and practical.
“The practical machinery to curb unsolicited electronic marketing under the CPA is finally in force,” she said.
A key loophole in previous legislation—particularly under the Protection of Personal Information Act (POPIA)—allowed telemarketers to make an initial call to request consent.
This “first contact” approach has now been explicitly outlawed for consumers registered on the new system.
“Most importantly, marketers are strictly prohibited from contacting any consumer who has registered a pre-emptive block,” Burger-Smidt explained.
The regulations also introduce clearer definitions and operational requirements for businesses.
One of the most significant is the concept of “cleansing”, which requires companies to regularly remove opted-out consumers from their databases every 30 days.
“This is important because it transforms the opt-out right into a recurring operational duty on marketers,” she said.
This means companies must actively check and update their contact lists against the NCC’s registry monthly, ensuring consumer preferences are continuously respected.
The rules apply broadly, with the definition of “direct marketer” expanded to include any person or entity engaged in marketing, regardless of whether they use traditional phone calls, SMS, email, or digital platforms.
“The term ‘direct marketer’ is expressly defined to capture any person who engages in direct marketing, thereby pulling both traditional and digital outreach actors within the compliance perimeter,” Burger-Smidt noted.
The message to direct marketers is now clear
To participate in the system, marketers must first register with the NCC using a dedicated Direct Marketer Registration Form. Without this step, they are effectively barred from conducting lawful marketing outreach.
“Failure to register forecloses lawful outreach, regardless of any consent arrangements a marketer may believe it holds,” she said.
For consumers, the process is designed to be simple and accessible. A standardised Consumer Pre-emptive Block Form allows individuals to register their details and opt out of unwanted communications in a single step.
The registry itself must remain continuously available, aside from unforeseen technical issues.
Burger-Smidt said the broader goal is to create a transparent and accountable marketing environment, where bad actors can no longer hide behind anonymity.
“Transparency rules and prohibitions on unidentifiable dissemination will make it harder for bad actors to hide behind anonymity,” she said.
Over time, the expectation is that widespread adoption of the registry will lead to a measurable decline in spam calls and messages across South Africa.
“With accessible registration, clear guidance, and a centralised registry, the expectation is that adoption will grow and with it, a measurable decline in spam communications,” Burger-Smidt said.
She believes the message to direct marketers is now clear. “If a consumer says ‘do not contact me’, the law now ensures that marketers must listen.”
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