Blocking The Spam 16 Years In The Making

On 15 April 2026, the Minister of Trade, Industry and Competition, Mr Mpho Parks Tau MP, gazetted the Consumer Protection Act Amendment Regulations, 2026, (published as Government Notice No. R. 7380 in Government Gazette No. 54521) (“the Notice”). The regulations, made in terms of section 120(1)(a) read with section 11(6) of the Consumer Protection Act, 2008 (“CPA”) and drawn up in consultation with the National Consumer Commission and provincial consumer regulatory authorities, operationalise a long-dormant provision of the Act that enables consumers to register a “pre-emptive block” against unsolicited direct marketing contact. The amendments take effect from the date of publication of the Notice.

Section 11(3) of the CPA has long contemplated the establishment of an opt-out registry through which consumers could proactively block unwanted electronic communications from direct marketers. Until now, however, the regulatory machinery necessary to give effect to this right had not been put in place. These 2026 CPA Amendment Regulations (“2026 Amendment Regulations”) remedy this gap by introducing a comprehensive framework governing the registration of direct marketers, the operation of a national opt-out registry administered by the National Consumer Commission, and the obligations that flow from both.

The Amendment Regulations insert several new defined terms into Regulation 1(2) of the existing Consumer Protection Act Regulations, 2011:

• “Cleansing” is defined as the process of removing consumers who have opted out of any electronic communication from a direct marketer's database, ensuring that they are no longer contacted.
• A “direct marketer” is defined simply as a person who engages in direct marketing. An “electronic communication recipient” means a consumer who receives electronic communication from a direct marketer and has registered a pre-emptive block.
• The central concept of a "pre-emptive block" is defined as registering a block on the opt-out registry established by the Commission, as contemplated in section 11(3) of the Act, to prevent any unwanted electronic communication from direct marketers.

The amended Regulation 4 imposes a suite of binding obligations on every person who engages in direct marketing, including registration on the opt-out registry administered by the Commission.

Consumers may register a pre-emptive block as contemplated in section 11(3) of the CPA.

The Commission assumes the role of custodian of the opt-out registry and is bound by several duties designed to protect consumer data and ensure the system's effective operation.

The regulations introduce a detailed fee schedule, which covers both the registration and ongoing operation of the system.

Businesses active in the direct marketing space should take immediate steps to register on the opt-out registry, update their data-handling procedures and budget for the associated fees.

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