ICASA’s Complaints and Compliance Committee is set to hold public hearings over MTN’s “contravention of Regulation 9 of the Standard Terms and Conditions”.
It stated that the company failed notify ICASA at least seven days prior to changing the price of a charged service. In this case, its WhatsApp Monthly 1GB bundle.
The bundle was changed to R30, and MTN made the change without the seven-day period having elapsed.
The matter will be heard on 4 March 2019 at ICASA’s head office.
“MTN stated that the early implementation of the amendment was done out of necessity as the company was faced with a choice between breaking the letter of regulation and suffering some more serious harm,” said ICASA.
ICASA said that the penalty for contravening the regulation is a fine not less than R100,000, but not exceeding R5,000,000 or 10% of the licensee’s annual turnover.
“ICASA feels strongly that the actions and contraventions by MTN effectively undermines the authority’s efforts of reducing the cost of communications in South Africa.”