The Zulu Royal family are apparently seeking legal action after a spam sales call to the King was shared online, but the incident is also opening up very real questions about South Africa’s privacy when it comes to our cellphone numbers being shared with call centres.
While the Zulu monarch was seeking legal guidance following the leaking of a recorded MiWay Insurance conversation with Zulu King Goodwill Zwelithini, a parliamentary portfolio committee called for action to be taken against the company and an important conversation has been sparked online.
Should spam calling from telemarketers be made illegal in South Africa?
South Africa is in the top five in the world when it comes to the amount of spam calls local consumers receive.
This is according to the “Truecaller Insights Top 20 Countries Affected by Spam Calls in 2017” report, which showed SA was in fifth place when it comes to the number of spam calls users get each month.
The spam filtering mobile app says annoying and unwanted spam calls are on the rise around the globe and in some large markets the average Truecaller user receives more than 20 spam calls each month.
But it was reported in 2015 that telemarketers could actually be thrown in jail under the new Protection of Personal Information Act (POPIA). Telemarketer and CEO of the Marketing Association of South Africa, Lovemore Mushunyama spoke to 702 about that report.
Mushunyama emphasised that it is an offense to contact people if they haven’t given permission to do so. He confirmed too that this is not just a South African law.
Then why have we not actioned this and changed the fact that South Africa is the fifth most spammed country?
Parliament’s Portfolio Committee on Justice and Correctional Services on Saturday released a statement saying the incident with the Zulu King was a clear violation of the Protection of Private Information Act (POPIA).
King Zwelithini was offered low premiums on his car insurance, house and furniture by sales agent S’thembiso Sithole, reported eNCA.
#MiWay @miwayinsurance sales person/agent calls the Zulu King Goodwill Zwelithini KaBhekuzulu to offer him insurance specials. Seemingly the sales person was not aware as to who he was speaking to. He addresses the King by his first name.@eNCA pic.twitter.com/8SnQnuOrDl
— Siphamandla Goge (@SiphamandlaGoge) February 9, 2018
Zwelithini asked Sithole if he knew who he was talking to and he responded by saying “with Zwelithini Zulu”. The king tells Sithole that he is talking to the wrong person because he is the king of the Zulu nation.
Zwelithini also lashed out at Sithole for pestering him during a meeting with President Jacob Zuma. The conversation ended with Zwelithini blessing Sithole, telling him he would get married soon.
“It is even of greater concern that the said taped conversation was later leaked on social media,” said committee chairperson Dr Mathole Motshekga.
“The [POPIA] Act makes provision for how private or public bodies should be handling personal information of individuals and the rights of individuals to have their information protected. This includes the rights of royalty,” he explained.
“The African royalty are the custodians of the ethical and moral values of their people and the actions of MiWay are not only an insult on the Zulu people but all peace-loving and progressive people and must be condemned.”
Motshekga said all protocols were trampled on by MiWay and its agents and called it unacceptable! He said the committee supported the Zulu royal family’s decision to lodge a complaint with the Information Regulator.
“We support whatever action the royal family takes under the law. The regulator was specifically mandated to enforce compliance with the Act which promotes the protection of personal information by public and private bodies,” said Motshekga.
Earlier on Saturday, the royal family issued a statement saying it felt disrespected after the sales agent addressed the king by his first name.
The royal household says it not only considers the incident as an insult to the Zulu nation “but we believe that it is an indication of a high level of intolerance of the culture and customs of indigenous people of this country.”
“Our King is not only the direct heir and descendant of all the Zulu Kings, but is also the custodian of the Zulu traditions and customs. He has consistently upheld the timeless culture of respect which is the foundation upon which the Zulu nation is built,” it continues.
The royal family says it is seeking legal guidance to explore possibilities of taking legal action against Miway.
According to the statement: “It is our view that Miway should be punished for the violation of the Consumer Protection Act. The act guarantees the “right to privacy” and “right to fair and responsible marketing.”
“In addition, the Royal Family will be lodging a complaint with Adv Pansy Tlakula who is the Information Regulator. It is quite clear that Miway has violated the Protection of Personal Information Act. The Information Regulator is mandated to enforce compliance with acts which promotes the protection of personal information by public and private bodies.”
The royal household commended Zwelithini for his calmness during his conversation with the sales agent.
Could this incident spark the end to spam callers… we certainly hope so! Vote in our poll to add your voice to the conversation:
A recent incident with the Zulu King & a telesales call has sparked an important online conversation.
Should spam calling from telemarketers be made illegal in South Africa?
— Brent Lindeque (@BrentLindeque) February 23, 2018