Consumer Tribunal slaps Cell C with R500k fine over roaming dispute

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This comes after the consumer contacted Cell C on 4 May 2022 and requested an increase of the monthly limit by R2,000, to enable the consumer to roam while overseas.

According to the statement issued by the National Consumer Commission (NCC) on Tuesday, the request was activated by an agent of Cell C. However, upon arrival back in South Africa, the consumer was slapped with a bill of R11,265.32.

Cell C’s terms and conditions on international roaming state that “Cell C also cannot guarantee the accuracy of the limits set.”

“The National Consumer Commission had considered the matter and in November 2023, decided not to refer it to the Tribunal. In this instance, the consumer decided to refer the matter to the Tribunal in line with applicable provisions of the CPA (Consumer Protection Act),” the Commission said.

The Tribunal is an independent adjudicative entity, deriving its mandate from the National Credit Act and various parties can bring cases before the Tribunal including consumers and credit providers.

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The CPA aims to promote fairness, openness, and good business practices between suppliers of goods and services and consumers of these goods and services.

In its ruling on this matter, the Tribunal noted that under section 54(1)(b), the respondent must provide its service in a manner and quality that consumers are generally entitled to expect.

“When consumers take the necessary steps to set limits on their accounts, they often do so out of necessity and not enjoyment. They sacrifice the freedom to spend more than the limit but weigh this against the reassurance that they will not be financially prejudiced or become over-indebted,” the Tribunal ruled.

In the judgment issued on 11 February 2025, Cell C was fined R500,000 for contravening sections of the CPA.

Reacting to the ruling, the NCC’s acting Commissioner, Hardin Ratshisusu, said the judgment is significant and provides clarity on how similar matters ought to be approached.

"This ruling clarifies the responsibilities of mobile network operators with respect to international roaming. It is therefore incumbent on mobile network operators to not only communicate their terms and conditions but also ensure that such terms and conditions comply with the Consumer Protection Act,” Ratshisusu said.

The NCC and the National Consumer Tribunal are agencies of the Department of Trade, Industry and Competition.