South Africa’s battle over expensive mobile data is heading to court, with Vodacom and MTN challenging ICASA’s tightened regulations aimed at protecting consumers from losing unused data and unexpected out-of-bundle charges.

The regulator says the amendments could come into effect early next year, but the litigation has put the spotlight on the future of data affordability and consumer protection.

ICASA briefed Parliament’s Trade, Industry and Competition Committee on the complaints that prompted the changes, with political parties weighing in on consumer protection.

ICASA says the amendments respond to persistent complaints about prepaid data expiring before consumers can use its full value, restrictive rollover conditions and unexpected billing.

“Consumers were still complaining about losing prepaid data specifically and this we saw that it was associated with bundle expiry. Which would happen before the full value data has been used.” says ICASA’s Dikeledi Mushi.

The amendments have received support from several MPs, who say consumers need stronger protection. But the legal challenge by the country’s two major mobile operators leaves key questions about the regulations to be settled in court.

“I think that it’s been very useful the engagement that we just had. But as I said, I think the biggest fixation questions are going to be dealt with in the outcome of the litigation.” DTIC Deputy Minister John Steenhuisen.

The DA has expressed strong support for the regulations, while the EFF welcomes measures to protect consumers from losing the value of unused data. BOSA says Parliament and the Communications Department have a responsibility to put the interests of South Africans and the economy first.

“I am very encouraged about these regulations and it’s about time. And I’m disgusted with Vodacom and MTN for opposing them, I really am,” says DA MP Kathrine Alexandra Christie

“We welcome stronger consumer protection measures that aims at preventing consumers from losing the value of unused data and being exposed to unexpected out of data charges,” says EFF MP Muzi Khoza.

“Why should South Africans lose money for a service that they’ve already paid for but have not fully used? For millions of South Africans, particularly those in low-income households, unemployed young people, students and small businesses, mobile data is not a luxury,” says MKP MP Sithembile Nkosi.

“Business will always look out for their own interests and for us as Parliament, it’s to make sure that the interests of South Africans and the interests of our economy are looked out for,” BOSA MP Nobuntu Hlazo Webster.

With the regulations now facing a court challenge, the timing and final shape of the proposed consumer protections remain uncertain.

For millions of South Africans, the outcome could determine how much value they retain from the data they have already paid for.