In a media statement dated 7 October 2026, the National Consumer Commission (NCC) confirmed that registration on the opt-out registry system (registry) has commenced with effect from 15 September 2026.
The registry was established in April 2026 by the Consumer Protection Act (CPA) Regulations and is intended to provide consumers with a centralised mechanism through which to register a pre-emptive block against unwanted direct marketing by electronic communications.
The NCC has indicated that it intends to adopt a phased approach to the implementation of the registry.
Since the CPA Regulations came into effect, many direct marketers have been awaiting guidance from the NCC on the deadline for mandatory registration and on the practical implementation of the registry and cleansing process.
Prior to the publication of the media statement, the NCC published the Draft Guidelines, which invite written submissions within 15 days from publication, following which it is likely that a revised and final version will be published.
We had anticipated that the Draft Guidelines would provide guidance and clarity on the implementation and operation of the registry, following the stakeholder engagement webinar hosted by the NCC on 24 July 2026.
However, the Draft Guidelines fail to address the concerns raised in the stakeholder engagement session regarding consumer consent and the potential financial implications of the data cleansing process applicable to direct marketers.
While the Guidelines do offer some insights into the data cleansing process and the different pre-emptive blocks that a consumer may register, they largely reiterate what has already been set out under the CPA Regulations and communicated by the NCC during the stakeholder session.
The key details from the media statement are set out below. Where relevant, we also address some key details from the Draft Guidelines, notwithstanding that these are subject to amendment following the public consultation process.
Rowan Terry and Clare Laurent 20 May 2026 When must direct marketers register?
Registration on the opt-out registry system for direct marketers is now open. The mandatory registration period runs from 15 September to 31 December 2026. Direct marketers can register on the registry system at https://eservice.thencc.org.za/.
The NCC has cautioned that any person engaging in direct marketing must be registered on the registry system before contacting consumers. If a direct marketer fails to register during the mandatory registration period, such failure may constitute a contravention of section 11 of the CPA, read together with the CPA Regulations.
The Draft Guidelines propose that direct marketer registration on the registry, which is subject to annual renewal in terms of the CPA Regulations, will be conducted on the anniversary of the direct marketer’s registration on the registry.
When does mandatory cleansing begin?
During the period from December 2026 to 30 April 2027, direct marketers will be able to conduct cleansing via the registry at no cost.
This is intended to allow direct marketers to familiarise themselves with the cleansing process and implement the necessary internal procedures to comply with their cleansing obligations and to interface with the system.
From May 2027, all cleansing will be subject to the prescribed fee and consumers registered on the registry will be able to pre-emptively block unwanted direct marketing.
In our view, this is when the NCC is likely to begin taking enforcement action against direct marketers who fail to cleanse their databases or who send direct marketing communications to consumers with a registered pre-emptive block.
What is the cleansing process and how is the cleansing fee charged?
The Draft Guidelines propose that:
- a direct marketer will be required to submit a list of consumers to whom it intends sending direct marketing communications within the next month online via the registry;
- the registry system will automatically cross-check this consumer database to identify those consumers who have registered a pre-emptive block against the direct marketer;
- once the relevant consumers are identified, direct marketers will be required to pay a cleansing fee of R0.12 per entry or name of a consumer who has registered a pre-emptive block against a direct marketer, before the cleansed list that indicates the consumers who have registered a pre-emptive block against the direct marketer will be made available to the direct marketer;
- the direct marketer must remove all consumers on the cleansed list from its consumer database; and
- a cleansed list will remain valid for 30 days from the date on which it was issued.
What are the consequences of non-compliance?
Non-compliance with the CPA may result in consequences for direct marketers:
- A consumer is entitled to lodge a complaint with the NCC for any contravention of the CPA, including non-compliance with the CPA Regulations and the direct marketing provisions.
- On receipt of a complaint, or pursuant to an own-initiative assessment, the NCC may, following an investigation, issue a compliance notice to the infringing direct marketer or refer the matter to the National Consumer Tribunal (NCT) for adjudication and the imposition of a penalty.
- The NCT may declare conduct prohibited and impose administrative fines of the greater of ZAR 100 000 or 10% of the supplier’s annual turnover during the preceding financial year.
- In serious cases, criminal prosecution may be pursued which may include a fine or imprisonment for a period of 12 months.
- In addition to financial penalties, non-compliance may result in reputational harm for the infringing direct marketer.
What should direct marketers be doing now?
Notwithstanding our commentary below regarding the status of the prohibition on direct marketing in terms of a registered pre-emptive block under the CPA, the direction of travel is clear: the NCC intends for the registry to become the central mechanism through which consumers exercise their right to opt out of direct marketing communications.
With the registration window now open, businesses that engage in direct marketing should consider:
- registering promptly on the registry during the mandatory registration phase, from 15 September 2026 to 31 December 2026;
- reviewing their direct marketing databases and internal processes to ensure they can accommodate the monthly cleansing requirements;
- using the cleansing phase: December 2026 to 30 April 2027 to understand the cleansing process and make the necessary technical and operational preparations to interface with and cleanse their consumer databases; and
- monitoring the developments of the Draft Guidelines published by the NCC, including any further written guidance that may arise from the NCC during the registration phase and cleansing phase.
Rowan Terry and Clare Laurent 20 May 2026 The status of the prohibition against direct marketing to consumers with a registered pre-emptive block
Section 11(3) of the CPA empowers the NCC to establish the registry through which consumers can register a pre-emptive block against direct marketing communications, either generally or for specific purposes.
Section 11(4)(b)(ii) of the CPA creates a prohibition against direct marketers engaging in direct marketing to any consumer who has registered a relevant pre-emptive block.
However, in terms of item 4 of Schedule 2 of the CPA, section 11(4)(b)(ii) of the CPA only comes into force on a date to be declared by the Minister of Trade, Industry and Competition by notice in the Government Gazette, and only once the minister has received advice from an independent auditor that the NCC has established reasonable and effective means to receive, compile and use the information through the registry in the manner contemplated in section 11 of the CPA.
A commencement date for section 11(4)(b)(ii) of the CPA has not yet been declared by the minister, and the timing of that declaration has also not yet been communicated.
While the CPA Regulations were published by the minister in terms of section 11(6) of the CPA to regulate the operation of the registry, the CPA Regulations also include a prohibition on direct marketing to consumers who have registered a pre-emptive block that mirrors the prohibition in section 11(4)(b)(ii) of the CPA.
This raises a pertinent question as to whether the prohibition on marketing to consumers with a registered pre-emptive block as contemplated by the CPA Regulations is currently enforceable, given that section 11(4)(b)(ii) of the CPA is not yet operational, and whether the NCC has the power to take enforcement action against direct marketers who send direct marketing communications to consumers with a registered pre-emptive block, prior to the commencement of the section 11(4)(b)(ii) of the CPA.
We anticipate that further clarity on the independent audit and the commencement of the section 11(4)(b)(ii) of the CPA will follow in line with the NCC’s published timetable in the media statement, with commencement likely on or before 30 April 2027.
