On 15 April 2026 the Minister of Trade and Industry signed additional regulations to the Consumer Protection Act.
1. A new definition has been added, namely that of a “direct marketer” meaning any person who “engages in direct marketing”. Very clear!
2. Luckily, they defined direct marketing in the CPA when it was initially signed into law, and this, when read along with a 2024 Guidance Note, includes;
2.1 Telephone calls
2.2 All electronic messages such as emails
2.3 And “in person marketing” (i.e. door to door).
3. New Annexures were added:
3.1 Annexure “N” which lists the registration fees for 2026 to 2029. In 2026 this will cost you R2574.00 and to renew next year will cost R2027.03. There is also a “cleansing fee” of R0.12 per data entry.
What is a cleansing fee exactly for:
I could not determine when or how this is levied exactly.
According to a Newsflash from another firm of Attorneys this means that “Businesses should factor in the recurring cleansing fee (ZAR0.12 per data entry) and build automated processes to integrate the Commission’s cleansing data into their marketing databases.” Whatever that means.
In the meantime, the Consumer Council has issued a Guidance Note that registration will now only commence in July 2026 even though the regulations are supposed to have commenced already. So, in essence, the super car has been built – but no one thought about designing a key to start this beast.
3.2 Annexure “O” which is the Consumer’s Pre-Emptive Block form. There is a link on the NCCs website where you can register online.
I registered. It asked me whether I was dead or alive.
• Proof that a lot of thought went into this because estate agents apparently also bother dead people.
I am also not at all sure where or how direct marketers must enter details of a consumer to check whether he/she has registered a pre-emptive block.
I am assuming access to this will be available only to those who register.
You may not market directly to any consumer who has registered a pre-emptive block.
3.3 Annexure “P” which is the direct marketer’s registration form. You can register here https://eservice.thencc.org.za/ as a direct marketer on the NATIONAL CONSUMER COMMISSION’s website.
a. All direct marketers must register and pay the registration fee.
b. This must be renewed annually.
c. You may not do any direct marketing unless you have registered yourself.
i. Herein lies the thorny question – who exactly must register? The agent or the agency?
ii. When you register as a marketer – a CIPC registration number is obligatory.
iii. Brilliant move. What about sole proprietors?
iv. I tried to register myself as one and entered “N/A” but it refused me any further access. So, I don’t know what to tell sole proprietors or individual agents because you cannot register as an individual.
v. They also require a BEE certificate. No individual requires this. So once again I must ask who is supposed to actually register?
4. All recipients must be able to identify you from any electronic communication they receive from you.
5. You must ensure the “opt out” option remains up to date.
6. You must be identifiable on all public platforms. Not sure what this means because public platforms and direct marketing do not go hand in hand.
NB – if you have EXISTING customers – you do NOT need to check. So, whoever has given you a mandate in the past or whoever you sold to is an existing customer BUT they must have an opt out option.
7. Breaching this act carries a maximum jail term of 12 months (not sure whether the agent or the PRINCIPAL of the agency will go to jail) and/or penalty of R1mill or 10% of your annual turnover, whichever is the GREATER.
8. You must remove all data of any consumer who has registered a pre-emptive block by “cleansing” your data base monthly.
9. I cannot ascertain where this R0.12 charge comes into play.
10. In practise what does all of this mean?
10.1 You will need to register yourself/your company (to be confirmed in due course!) AND
10.2 Each and every time, you want to cold call, you will STILL first need to ask for consent – MAY I PROCEED in ‘terms of POPI. You cannot just ramble on simply because the consumer has not registered a block.
10.3 Before you may send out any electronic messages you must first check whether the consumer is on the pre-emptive block and if not, you may send your message, but you must have an opt out facility.
10.4 Until we have clarity to the issues, I have raised my advice is carry on as you have until now.
If you send electronic messages you must allow for an opt out option.
If you call anyone new, first ask for permission to proceed and give an opt out option.
If an existing customer, you need not ask permission, but you must still give an opt out option.
Is a potential buyer who has shown interest at some point in time in the past in response to an ad, a customer? I don’t think so. A customer would surely indicate someone you have done actual business with.
That said, given all the uncertainty, I would just carry on calling, ask for permission and giving an opt out option.
The ONLY significant change this system will bring, as we can see it, is that there will be a register of sorts where you must first check the registration status of the customer you wish to call or contact EXCEPT existing customers.
This register does not yet exist on the website.
11. How many people will actually register? Who knows?
I searched high and low for the link to register. It is not in the regulations. At this time, it is uncertain of how many people will even register.
IN CLOSING
I have written to the Head of Legal and Compliance twice already to ask for clarity on these issues but have not yet received an acknowledgment, doubting I ever will.