These spam callers are breaking the law in South Africa

The Independent Communications Authority of South Africa (Icasa) says it is investigating the illegal trend of call centres operating out of fixed premises using mobile numbers.

If found to be using mobile numbers for fixed services, such offenders will be in contravention of the 2016 Numbering Plan Regulation and could be liable to fines between R300,000 and R3 million.

In early May 2025, the Internet Service Providers’ Association (ISPA) called on Icasa to crack down on the illegal use of mobile numbers by call centres in fixed premises.

MyBroadband asked Icasa about ISPA’s call, and it said it is investigating the matter.

“If they are found using mobile numbers for fixed services, then they will be contravening the regulations,” said Icasa.

“Section 25 of the Regulations stipulates that: A licensee that contravenes these regulations is liable to a fine not less than R300,000 but not exceeding R3,000,000 once off per infringement.”

However, it noted that fines vary and are determined by courts.

ISPA said call centre operators and spam callers have realised that voice calls from mobile numbers are more likely to be answered.

The industry body is advocating for call centres with fixed premises to use geographic telephone numbers.

“Firm action must be taken to prevent the unlawful use of mobile number ranges, particularly of the older 082, 083, 072, and 073 number ranges that appear more credible,” said ISPA regulatory advisor Dominic Cull.

“As cold calls from certain number ranges go unanswered, the unlawful use of mobile numbers by call centres seeking high levels of engagement skyrockets.”

According to ISPA, numbers, like spectrum, are a precious resource. It said Icasa must protect the national numbering plan’s integrity.

It said call centres employ two primary methods to use mobile numbers to generate better engagement.

Some players resort to spoofing and making up mobile numbers, while others use prepaid mobile SIMs with unlimited calling bundles.

“Attempts to return calls to these spoofed numbers cannot be completed,” said ISPA.

For those using prepaid mobile plans, they quickly replace SIMs that get flagged for exceeding the mobile operators’ fair usage policy.

This allows mass calling operations to continue with little cost and disruptions.

ISPA has written to Icasa several times since 2022 regarding the illegal activity. It also provided evidence of its claims when the regulator requested it.

However, it noted that its members have reported increasing spam calls from mobile numbers.

“Icasa must act now to stamp out the abuse of mobile numbers and to end the high levels of voice call spam being endured by South Africans,” said Cull.

New no-call list for South Africa

South Africa’s Department of Trade, Industry, and Competition (DTIC) plans to launch a new national opt-out register for direct marketing communications in the 2025/26 financial year.

This comes after DTIC minister Parks Tau proposed amending Consumer Protection Act (CPA) regulations to establish the new opt-out registry in December 2024.

The department’s proposed timeframe puts the launch at any time between 1 April 2025 and 31 March 2026.

The National Consumer Commission (NCC) will manage the register.

Acting commissioner Hardin Ratshisusu said the new register will give the NCC “full sight” of all direct marketers operating in the country.

“The Minister of Trade and Industry has published an amendment to the current regulations. The main thing here is there now has to be a national opt-out register that will be managed by the National Consumer Commission,” said Ratshisusu.

He noted that external registers exist, such as the Direct Marketing Association of South Africa’s (DMASA) register.

“But there is a concern that with the existing structures and frameworks, we still have a lot of abuse of consumers,” he added.

In February 2025, Ratshisusu said the DTIC was in the process of developing the regulations surrounding the new no-call list and the registration of direct marketing players.

Marketers themselves must also register and clear their list of marketing leads before launching a campaign.

According to the DTIC, a cleansed consumer list will be valid for 30 days.