Lawyer Files Petition Challenging MTN South Sudan’s Deletion of Unused Data, Voice Bundles

By Simon Deng

A Juba-based lawyer, Peter Malou Jalap, has taken MTN South Sudan to the National Communication Authority (NCA) over its practice of erasing unused data and voice bundles without roll-over, challenging a policy he says affects subscribers across the country.

“I bring this complaint in a dual capacity: as an affected subscriber and an advocate on behalf of myself and the South Sudanese public,” Jalap stated on Tuesday in Juba. “MTN sells data bundles, such as 1GB daily and 2GB nightly, and Hureya voice bundles, such as 8, 30, and 100 minutes, all of which expire at midnight.”

Jalap is advocating for mobile network subscribers to be allowed to transfer unused bundles within the same network. He also seeks the implementation of usage alerts at 50%, 80%, and 100% consumption.

“Contract law, based on common law principles applicable in South Sudan, requires that one must enjoy full consideration for paid services. MTN’s deletion of bundles violates this provision,” Jalap asserted.

The petition, received by both the NCA and MTN on October 13, contends that customers should not lose data or airtime they have already paid for simply because a bundle reaches its expiry time.

Jalap explained that the matter was brought before the NCA after a court directed that the regulator should first be given an an opportunity to address the complaint.

Jalap has requested the NCA to declare this practice unfair and to order all telecom companies, including MTN, Zain, and Digitel, to introduce automatic rollover of unused data when customers recharge.

He cited the Consumer Protection Act,2011, sections 5,6,7, and 8, which “stipulate the right to fair, reasonable, and just terms. The Act also requires that consumers are accorded the right to fair value. MTN’s deletion of unused bundles is not fair.”

Knight Taban, Communication Officer at MTN South Sudan, confirmed receipt of the complaint.

 “We have received the complaint, and management is currently looking into the matter. We will respond appropriately once guidance has been received from the NCA,” Taban told The Dawn by phone on Wednesday.