# Opt-Out Registry - Link: https://dearsouthafrica.co.za/opt-out-registry/ - Published: 2026-10-02T14:54:17+02:00 - Author: dearSA ![Stop Unsolicited Calls: Have Your Say on the National Opt-Out Registry](https:// cdn.dearsouthafrica.co.za/wp-content/uploads/2026/10/02145456/National-opt-out-database- header.jpg "National opt-out database header") ![DEAR-SOUTH-AfFRICA](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/ 02/08135845/DEAR-SOUTH-AfFRICA.png "DEAR-SOUTH-AfFRICA") 0 comments individually delivered to the Commission * No I do not support the regulations 911 * Yes I do 546 * Not fully 1999 ### The National Consumer Commission (NCC), an entity of the Department of Trade, Industry and Competition (dtic), has gazetted the Draft Guidelines for Compliance with Opt-Out Registry Regulations.. Unsolicited telemarketing calls, spam SMSs, and automated robocalls interrupt millions of South Africans every single day. For years, consumers have demanded a binding, centralised system to permanently block marketing harassment. On 2 October 2026, the National Consumer Commission (NCC) published draft guidelines under the Consumer Protection Act (CPA) to operationalise South Africa’s first mandatory National Opt-Out Registry. Under the proposed framework, direct marketers will be legally prohibited from contacting any citizen who registers a pre-emptive block. Companies that violate your opt-out face investigation, administrative fines from the National Consumer Tribunal, and criminal prosecution carrying up to 12 months imprisonment. However, the draft rules contain critical loopholes and heavy administrative burdens. click the link for more info, or scroll down to have your say [ view info, statements, documents and videos](https://dearsouthafrica.co.za/opt-out-registry/summary) ### _Where Do You Stand?_ 🟢 I SUPPORT the draft guidelines as published (Backs the immediate rollout of the National Opt-Out Registry, mandatory monthly database cleansing, strict criminal penalties of up to 12 months for non-compliant telemarketers, and a centralised statutory barrier against unsolicited direct marketing.) 🔴 I OBJECT to the draft guidelines in their current form (Rejects the exemption granting political parties free rein to spam citizens for votes, the inclusion of charitable donation requests under commercial marketing rules, the recurring 12c monthly cleansing fee on small businesses, and the procedurally unfair 15-day comment window.) 🟡 I SUPPORT WITH AMENDMENTS / NOT FULLY (Supports establishing a binding national opt-out registry to halt nuisance marketing calls, but demands the removal of political party exemptions, complete fee exemptions for registered NPOs and community charities, lighter compliance burdens for SMMEs, and the protection of voluntary, direct consumer opt-ins.) ## 󠀁[ view comments from other participants before you have a say](https://dearsouthafrica.co.za/opt-out-registry/comments)󠁿 **Do you support the Draft Guidelines for Compliance with Opt-Out Registry Regulations as published? ** **What is your concern? (scroll down for an explanation of each) ** As you've chosen "all of the above", if you had to settle on one top concern, what would it be? the fields below are optional —————————— **What is your preferred channel for feedback on this campaign?** **Your preferred language?** **What is your status? (for our reporting purposes only) ** **Check your email address then hit send! You will be redirected to a confirmation page. ** ![D-icon](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/12/11192438/ D-icon-40x40-1.png "D-icon-40x40") ### _Top concerns_ [1. Political Party Exemption Loophole](https://dearsouthafrica.co.za/opt-out-registry/#1770131112026-5a70eb21-10f15d6a-e1cd1d69-949086db-d4dd) - _What the Guidelines Propose: _ FAQ 16 provides that political organisations campaigning for votes do not constitute “direct marketing” under the CPA because their purpose is to solicit political support rather than offer goods or services. They only fall under registry obligations if they solicit donations from individuals or small juristic entities. - _The Civic Risk: _ This creates a blatant double standard. Political parties will remain free to use automated robocalls, mass SMS blasts, and unsolicited phone campaigns to push election messaging onto citizens’ private devices without having to respect registered opt-out blocks. ### _Submission Demand:_ The guidelines and CPA regulations must apply privacy protections equally. Any unsolicited electronic communication directed at a consumer’s private device—including political campaigning—must respect the National Opt-Out Registry. [2. Punishing Non-Profits, Charities & Donation Solicitations](https://dearsouthafrica.co.za/opt-out-registry/#1770131112043-0e75ef86-4b6c5d6a-e1cd1d69-949086db-d4dd) - _What the Guidelines Propose: _ Non-Profit Organisations (NPOs) are not excluded from the registry. Under the CPA definition of direct marketing, any approach made to request a donation is deemed direct marketing. - _The Civic Risk: _ Community charities, animal shelters, disability groups, and religious outreach missions will be treated identically to aggressive commercial telemarketers. If an NPO sends an email appeal or calls past donors to request funds, it must first register with the NCC and pay monthly scrubbing fees, diverting scarce donor funding toward bureaucratic compliance. ### _Submission Demand:_ Genuine Public Benefit Organisations (PBOs) and registered NPOs must be granted a statutory exemption from registry fees and cleansing requirements when communicating with existing donors and supporters. [3. Onerous Monthly Cleansing Fees & Red Tape for SMMEs](https://dearsouthafrica.co.za/opt-out-registry/#1770131281853-5866958a-b51c5d6a-e1cd1d69-949086db-d4dd) - _What the Guidelines Propose: _ Every business engaging in direct communication must register on the NCC registry portal, renew registration annually, and submit its consumer contact list online every single month that it intends to market. Marketers must pay a fee of 12 cents per registered entry, and the cleansed list is valid for only 30 days. - _The Civic Risk: _ While 12 cents per record seems nominal for major banks, telecommunications giants, and insurance conglomerates, it creates a recurring financial barrier for small, micro, and medium enterprises (SMMEs) and sole proprietors. A local business communicating monthly with a modest subscriber base faces ongoing administrative red tape and compounding expenses merely to send routine marketing updates. ### _Submission Demand:_ Introduce a tiered compliance threshold exempting micro-enterprises and sole proprietors( e.g., turnover under R2 million) from monthly cleansing fees, and extend the list validity period from 30 days to 90 or 180 days. [4. Overriding Mutually Agreed Customer Opt-Ins](https://dearsouthafrica.co.za/opt-out-registry/#1770131323251-266a4851-6c9c5d6a-e1cd1d69-949086db-d4dd) - _What the Guidelines Propose: _ Section 12.3 states that “fresh consent does not override a pre-emptive block, unless the consumer has removed such pre- emptive block” directly on the state registry. - _The Civic Risk: _ If a consumer places a general block on the national registry to stop aggressive telemarketers, but subsequently enters a store, visits a local market, or signs up online to receive a weekly newsletter from a brand they love, the business cannot legally contact them. The consumer’s explicit, informed consent is rendered legally invalid unless they log onto the government system to manually adjust their profile. ### Submission Demand: The guidelines must recognise documented, verifiable, post-block express consent( opt-in) between an individual consumer and a specific vendor without requiring the consumer to navigate an administrative state portal. [5. Grossly Inadequate 15-Day Public Comment Window](https://dearsouthafrica.co.za/opt-out-registry/#1777463528421-99209505-be9a1d69-949086db-d4dd) - _What the Guidelines Propose: _ The Acting Commissioner gazetted the draft guidelines on 2 October 2026, granting the public and affected industries just 15 calendar days to deliver written comments, closing on 17 October 2026. - _The Civic Risk: _ A 15-day consultation window on a complex, nationwide regulatory framework affecting consumer privacy, small businesses, digital marketers, and civil society fails to satisfy the requirements of meaningful public consultation under the Promotion of Administrative Justice Act (PAJA). ### _Submission Demand:_ The NCC must immediately publish an extension notice granting a minimum 30- to 60- day public comment window to allow comprehensive stakeholder input. [6. Ineffective Enforcement Against Rogue, Offshore & Spoofed Spammers](https://dearsouthafrica.co.za/opt-out-registry/#1777463564023-1723eae7-45f61d69-949086db-d4dd) - _What the Guidelines Propose: _ The compliance framework relies on businesses voluntarily registering, submitting their lists, paying fees, and displaying identifying particulars under Section 11.2. - _The Civic Risk: _ Compliant, legitimate local businesses will carry the financial and administrative costs of regulation, while the most predatory telemarketers—unregistered lead generators, VoIP number-spoofers, offshore crypto boiler rooms, and illegal call operations—will ignore the registry entirely. ### _Submission Demand:_ The NCC and ICASA must pair the registry with strict carrier-level telecommunications filtering, rigorous enforcement against illegal VoIP routing, and aggressive prosecution of domestic lead-generation syndicates. ### _Perspectives: What is the debate?_ [🟢 Arguments in Favour (NCC & Proponents)](https://dearsouthafrica.co.za/opt-out-registry/#1770892117175-dfc38055-c8385d6a-e1cd1d69-949086db-d4dd) - _Statutory Opt-Out Registry_ Replaces the voluntary, toothless industry list with a centralised, state-administered statutory registry with real enforcement powers. - _Enforcement & Penalties_ Enforces accountability by backing registry blocks with National Consumer Tribunal administrative fines and criminal penalties of up to 12 months imprisonment. - _12-Cent Cleansing Fee_ Shifts the operational cost of privacy protection onto commercial direct marketers who profit from consumer databases, sparing taxpayers. - _Political Campaigning_ Political participation and democratic canvassing are constitutionally protected activities distinct from commercial sales pitches. - _NPO / Charity Inclusion_ Financial solicitations are invasive regardless of who initiates them; consumers deserve protection from aggressive donation requests. - _Fresh Consent Restrictions_ Prevents unscrupulous corporate marketers from tricking consumers into signing away their opt-out block via buried contract clauses. [🔴 Arguments in Opposition (Civil Society & Critics)](https://dearsouthafrica.co.za/opt-out-registry/#1770892117205-3c7c32e1-ce3d5d6a-e1cd1d69-949086db-d4dd) - _Statutory Opt-Out Registry_ South Africa already enacted an opt-in model under POPIA Section 69; introducing a parallel CPA opt-out mechanism creates legal ambiguity and administrative conflict. - _Enforcement & Penalties_ Threatening small business owners with criminal records and prison sentences over administrative marketing list errors is disproportionate and heavy-handed. - _12-Cent Cleansing Fee_ Imposes an ongoing, compounding monthly financial drain on small businesses and non-profits that lack the budgets of massive corporations. - _Political Campaigning_ Carves out a self-serving loophole for politicians to inundate citizens’ phones during election cycles while everyday citizens cannot opt out. - _NPO / Charity Inclusion_ Starves community non-profits by treating charitable funding appeals identically to predatory corporate telemarketing schemes. - _Fresh Consent Restrictions_ Paternalistically invalidates a citizen’s explicit decision to subscribe to updates from a specific brand or local business. [ View more info](https://dearsouthafrica.co.za/opt-out-registry/summary)