End of an era for spam calls in South Africa

New amendments to South Africa’s Consumer Protection Act now require direct marketers to formally register, regularly clean marketing databases and honour opt-out requests.

Truecaller’s director for market development, Mmathebe Zvobwo, told Newzroom Afrika that South Africans received at least 5.38 billion spam calls in the first two months of 2026.

“We’re seeing an acceleration in spam calls in South Africa. Last year, South Africans received about 30 billion spam calls, and so we’re observing an acceleration,” she said

“In two months, 5.38 billion spam calls. That’s about 86 million moments of intrusion for South Africans in their homes, in their offices, in their daily lives.”

To curb this issue, South Africa is now introducing new regulations to reduce direct marketing and protect consumers.

This includes amendments to the Consumer Protection Act 68 of 2008 (CPA) Regulations, which took effect on the 15th of April 2026.

These amendments to the CPA introduce a formal compliance framework for direct marketing in South Africa.

TPN Credit Bureau legal counsel Rowan Terry and SBL Law’s Clare Laurent explained that while direct marketing remains lawful, compliance is no longer optional for companies.

“Section 11 of the CPA has always given consumers the right to refuse direct marketing, demand that a marketer stop contacting them and pre-emptively block marketing via an official registry,” they said.

The section also provides for a complaint procedure against direct marketers. A consumer may lodge a complaint with the National Consumer Commission (NCC), which may investigate the supplier’s conduct.

The NCC may also issue a compliance notice directing the supplier to stop the prohibited conduct and take corrective action.

If the supplier fails to comply, the matter may be referred to the National Consumer Tribunal for enforcement proceedings. The Tribunal may impose an administrative fine of the greater of:

• 10% of the supplier’s annual turnover, or
• R1 million.

“The amendments build on section 11 by introducing operational and compliance obligations for direct marketers,” Terry and Laurent said.

Companies that are calling potential sellers, landlords, or buyers, or using any other direct marketing methods, are direct marketers.

New CPA rules require stricter oversight of cold-calling and SMS marketing

Every year, comapnies who participate in direct marketing are now required to formally register with the National Consumer Commission (NCC) by completing the prescribed process (Annexure P). This is not informal – it requires:

• Company registration details
• VAT number
• Contact information
• Supporting documents (e.g. tax clearance, BBBEE certificate)

There are also prescribed fees, including an initial registration fee of R2,574, an annual renewal fee of R1,93.50, and a filing cleansing fee per data entry of R0.12.

Direct marketers are also required to check their contact database against the National Opt-Out Registry and remove any consumers who have registered a pre-emptive block.

“This must be done monthly, not annually,” Terry and Laurent said. “In other words, your marketing list must be continuously updated to reflect consumer privacy choices.”

If a consumer has registered a pre-emptive block, then they may not be contacted at all for direct marketing.

They added that companies are also obligated to honour direct opt-out requests immediately. While this is separate from the registry, it remains just as important.

“Even if a consumer is not registered, they can tell you during a call, or shortly after, to not contact them again and to remove their contact details from the direct marketer’s contact list.”

“As per the CPA, you are obliged to record that request, remove them from your database and stop all future communication.”

Finally, Terry and Laurent said companies must ensure they are clearly identifiable. All communications – including calls, emails, and SMSs – must clearly identify the agency and provide clear and correct contact details.

South Africans gain stronger rights against unwanted cold calls

Terry and Laurent explained that, compared to marketers, consumers carry a much lighter burden, but they do still have a role to play.

Consumers have the right to register a pre-emptive block on the Opt-Out Registry and demand that any marketer stop contacting them.

This can be done even without registering on the Registry. These registrations and demands can be made, free of charge to the consumer.

If a consumer wishes to use the Registry, they must register via the prescribed process (using Annexure O), provide accurate information and ensure that their details and information are updated.

This ensures the system works effectively across all registered marketers. Importantly, Terry and Laurent pointed out that there is a common misconception is that consumers must register to be protected.

“That is not correct. Even if a consumer is not on the registry, they can still directly instruct you to stop contacting them, and as a direct marketer, you must comply with this request.”

For agencies across South Africa, Terry and Laurent said this amendment introduces a structured compliance obligation, not a ban on cold-calling. A practical, compliant approach looks like this:

• Register annually as a direct marketer on the Registry;
• Keeping registration details up to date;
• Run a monthly check against the registry and build internal processes to record opt-out requests and immediately remove those contacts;
• Ensure every communication clearly identifies your business.

“The amendments shift the landscape from informal marketing practices to regulated, accountable engagement.”

For agencies, they said the message is clear: they can still cold-call, but they must register as a direct marketer, cleanse their database monthly, and respect both registry blocks and direct opt-out requests.