MACRA orders Airtel, TNM to compensate customers over early tariff hike

* The two mobile network operators breached legal requirements by implementing approved tariff adjustments before providing customers with the required seven-day public notice

* In response to concerns raised by Consumer Association of Malawi, which faulted MACRA for approving tariff increase on internet bundle indicating that the Law was not followed

By Tarcizio Mondwe, Malawi News Agency (MANA)

Malawi Communications Regulatory Authority has ordered Airtel Malawi Plc and Telekom Networks Malawi (TNM) Plc to reverse the revised telecommunications tariffs, saying the two mobile network operators breached legal requirements.

Thousands of mobile phone users were affected by the premature implementation of voice and internet tariff increase, which Consumer-Association-of-Malawi-(CAMA)-faulted-MACRA for approving — indicating that the Law was not followed.

In a statement issued on Friday, Director General Mayamiko Nkoloma agrees with CAMA that the two mobile network operators breached legal requirements by implementing approved tariff adjustments before providing customers with the required seven-day public notice.

Nkoloma agrees further with CAMA that the operators failed to comply with Section 76 of the Communications Act of 2016, which requires licensed operators to publish approved tariff changes in at least two daily newspapers seven days before implementation.

Nkoloma said the notice requirement is intended to promote transparency, protect consumers and allow customers to make informed decisions before changes in service charges take effect.

“While the Authority had approved revised tariffs for both operators following a comprehensive regulatory assessment, the two companies must strengthen their internal compliance procedures to ensure future tariff adjustments comply with the Communications Act and other regulatory obligations,” says Nkoloma.

He emphasises the compensation will cover customers who purchased affected products and services during the seven-day period between June 26 and July 2, 2026, when the new tariffs were implemented before the required notice period had elapsed.

“The operators will credit customers’ accounts with bundles equivalent to the difference between the old bundle prices and the approved new bundle prices,” Nkoloma said.

The authority has since directed Airtel Malawi and TNM to complete the compensation exercise by July 31, 2026, and submit evidence confirming compliance.

CAMA Executive Director, John Kapito welcomed the decision, saying it addressed concerns raised by the consumer rights body over the manner in which the tariff adjustments were introduced.

Kapito said the association engaged MACRA after observing that consumers had been affected by the premature implementation of the new tariffs.

“We wrote to MACRA pointing out that there was an infringement on the tariff,” he said in an interview. “We wanted a thorough investigation and an in-depth discussion regarding that issue.”

CAMA maintained that the tariff increase should have been reversed because consumers have a right to receive value for the money they spend on communication services.

“We made our stance clear that the tariff increase must be reversed. It is the right of consumers to get value for the money they spend,” said Kapito, however, indicated that the compensation should not be viewed as the only solution.

He argued that mobile network operators must improve compliance with regulatory requirements to prevent similar disputes in the future.

“It is not just about the compensation. The real solution lies in mobile network operators beginning to follow the law,” he said.

In his letter to MACRA early this month, Kapito maintained that while while what the two service providers infringed upon Consumes Rights as provided for in the Law, the new tariff adjustments were also introduced “at a time when consumers are experiencing poor quality service from the two mobile network operators and at a time when Government has just introduced a lot of taxes on mobile money transactions”.

“It is, therefore, surprising that at a time when consumers are experiencing poor delivery of mobile services, MACRA has decided to reward the two mobile network operators with tariff increases instead of addressing the key challenges being experienced by consumers.”

Kapito highlighted the key challenges being “poor quality network and connectivity resulting in many drop calls; failure to conduct financial and business transactions; and loss of purchased data bundles — among others.

He emphasised that the Communication Act, 2016 “protects consumers from introducing tariff increases without providing justification” and that it gives consumers “a period of not less than seven days before effecting any tariff adjustments”.

“The Communications Act, 2016 further provides clear guidance on the process for setting and revising communication tariffs. Section 74(1) states that: ‘Subject to this Act, a licensee may with prior approval of the Authority set or revise the tariffs for the services that it provides to the public’.

“Section 74 (2) further provides that: ‘A licensee shall set or revise tariffs under this section, based on justifiable economic reasons’.”

“In addition, Section 74(3)(a) requires that: ‘The setting or revision of tariffs by the licensee pursuant to subsection (1) shall be transparent, based on objective criteria and non-discriminatory.’—Additional reporting and editing by Duncan Mlanjira, Maravi Express