False ‘Government Law’ Claim to Force SIM Sales – Customer Misled and Charged Unnecessarily

I purchased two Motorola G05 phones cash from HiFi Corp (Springfield branch). At the time of purchase, I was told it was “government law” that every phone must be sold with a SIM card. I was forced to RICA and pay for two Telkom starter packs, which appeared as separate line items on my receipt.

I later contacted HiFi Corp customer service and received a call back from a representative, who again confirmed this false claim and promised to send me an email stating the “law.” No email was ever sent.

In store, staff opened my sealed device packaging and inserted SIM cards after telling me this was necessary for activation. I only consented because of this misleading advice. In reality, there was no need for the SIMs to be inserted at all, and my phones were intended as gifts — which meant they should never have been unpackaged without a valid reason.

What is actually happening is that retailers receive commission from networks for SIM activations, but the consumer foots the bill for the starter packs — often without needing or ever using them, especially if they are simply swapping their old SIM into the new device.

When I returned to the store and pointed out that no such law exists, I was finally refunded and the SIMs were destroyed in front of me.

There is no law in South Africa requiring a handset to be sold with a SIM card. ICASA only regulates that devices must be ICASA-approved, and RICA applies only to SIM cards. Forcing unnecessary SIM sales, misleading customers with false “government law” claims, and opening sealed devices under false pretences are violations of the Consumer Protection Act, Section 41 (misrepresentation).

Although I eventually received a refund, this was only after unnecessary frustration and misinformation. Customers should be warned not to fall for the same unfair sales tactic.