Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

End-User and Subscriber Service Charter Regulations, 2016

12. Complaints

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(1)An end-user must first lodge a complaint with the relevant licensee or agent.

 

(2)An end-user may lodge a complaint with the Authority only in the following instances:
(a)when the end-user disputes the outcome of the resolution of the complaint; or
(b)when a licensee has failed to respond, or has not adequately responded to the complaint within the prescribed period.

 

Licensee's Complaint's Handling Process

 

(3)A licensee must designate and publicise a point of entry for complaints to be lodged by an end-user.

 

(4)A licensee must include the complaints handling procedures on:
(a)its websites;
(b)display boards at the licensee or agent's service outlets;
(c)on the invoice for post-paid end-users; and
(d)alternate platforms available to pre-paid end-users.

 

(5)A licensee that does not have service outlets, must notify end-users of where to find its complaints handling process.

 

(6)A licensee must acknowledge receipt of the complaint from an end-user within forty eight (48) hours by:
(a)allocating a reference number to each complaint; and
(b)communicate the reference number to the complainant telephonically, via text or e-mail.

 

(7)A licensee must resolve all complaints lodged by an end-user within fourteen (14) days of receipt.

 

(8)A licensee must advise the end-user that he/she may lodge a complaint with the Authority in the following instances:
(a)when an end-user disputes the outcome of the resolution of the complaint;
(b)when a licensee has failed to resolve the complaint in terms of subregulation 6.

 

(9)A complaint will be considered closely by the Authority:
(a)when the end-user is satisfied with the outcome of the resolution as proposed by the licensee; or
(b)after the complaint has been referred to the Authority's ADR Committee and has been closed by the ADR chairperson in writing.

 

(10)A licensee is entitled to demand payment of subscriptions fees in terms of the contractual agreement with the end-user, except for the disputed portion of the end-user's bill.

 

Billing Complaints

 

(11)Where an end-user lodges a billing complaint, the following procedures must be followed:
(a)a licensee must not suspend the service of an end-user while the investigation of a disputed bill is pending;
(b)a licensee must not hand over an end-user's account to collection agencies and impose penalties or charge interest on the disputed unpaid portion of the bill until the complaint has  been closed in terms of subregulation (9).

 

Disputed Complaints Lodged with the Authority

 

(12)A licensee must:
(a)acknowledge receipt of the complaint escalated by the Authority within forty eight (48) hours; and
(b)resolve each complaint escalated by the Authority in writing within fourteen (14) days of receipt thereof;
(c)provide the Authority with written confirmation on how the escalated complaint was resolved.

 

(13)A licensee must in its compliance report provide details on the steps implemented to mitigate the top three (3) complaints six (6) monthly.