Postal Services Amendment Act

2 March 2007 No. 29682 THE PRESIDENCY No. 188 2 March 2007 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 22 of 2006: Postal Services Amendment Act, 2006 AIDS HELPLINE: 0800-123-22 Prevention is the cure No. 29682 GOVERNMENT GAZ:?TE, 2 MARCH 2007 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactmenls. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the Prmidenf.) (Assented to 25 February 2007.) ACT To amend the Postal Services Act, 1998, so as to define an expression and to amend and delete certain definitions; to provide for ministerial policies and policy directions; to make the issuing of new licences sub,ject to policy directions issued by the Minister; to provide for the extension of the exclusivity of the postal company by the Minister; to make fees and charges for reserved postal services subject to approval by the Minister; and E o effect certain textual corrections; and to provide for matters connected therewith. E IT ENACTED by the Parliament of the Republic of South Africa, as B foii0Ws:- Amendment of section 1 of Act 124 of 1998, as amended by section 1 of Act 33 of 2001

1. Section 1 of the Postal Services Act, 1998 (hereinafter referred to as the principal Act), is hereby amended- 5 ( a ) by the substitulion for the definition of “Director-General” of the following definition: “ ‘Director-General’ means the [officer occupying the post with that designation on the fixed establishment] Director-General of the 10 Deparlment [or who acts in that post];”; (b) by the insertion of the following definition afier the definition of “Director- General”: “ ‘ICT’ means information, communications and technology;”; (c) by the deletion of the definition of “officer”; (d) by the deletion of the definition of “postmaster”; and (e) by the substitution for the definition of “Regulalor” or the following definition: 15 “ ’Regulator’ means the [yostal Regulator established by section 3(1)] Independent Communications Authority of South Africa estab- 20 lished in terms of section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);”. 4 No. 29682 GOVERNMENT GAZETTE. 2 MARCH 2007 Act Nu. 22, 2006 POSTAL SERVICES AMENDMENT ACT, 2006 Substitution of heading to Chapter I1 of Act 124 of 19!%

2. The following heading is hereby substituted for the heading to Chapter I1 of the principal Act: ‘‘[POSTAL] MINISTERIAL POLICY DIRECTIONS AND FUNCTIONS OF REGULATOR’. 5 Insertion of section 2A in Act 124 of 1998

3. The following section is hereby inserted in the principal Act after section 2: “Ministerial policies and policy directions 2A. (1) The Minister may make policies on matters of national policy applicable to the ICT sector, including the postal industry, consistent with the objects of this Act and any other policy which may be necessary for the application of this Act. (2) The Minister may, subject to subsections (3) and ( 5 ) , issue to the Regulator policy directions consistent with the objects of t h s Act in relation t o - ( a ) the undertaking of an inquiry in terms of section 4B of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), on any matter within the Regulator’s jurisdiction and the submission of reports to the Minister in respect of such matter; (b) the determination of priorities for the development of postal services particularly with a view to accelerating universal access to postal and other essential services that can be provided using the postal and related ICT infrastructure; (c) the consideration of any matter w i h n the Regulator’s jurisdiction reasonably placed before it by the Minister for urgent consideration. ( 3 ) No policy made by the Minister in terms of subsection (1) or policy direction issued by the Minister in terms of subsection (2) may be made or issued regarding the granting, amendment, transfer, renewal, suspension or revocation of a licence, except as permitted in terms of this Act. (4) The Regulator, in exercising its powers and performing its duties in terms of t h s Act and the related legislation, must consider policies made by the Minister in terms of subsection (1) and policy drections issued by the Minister in terms of subsection (2). (5) When issuing a policy direction under subsection (2) the Minister must- (a) consult the Regulator; (b) in order to obtain the views of interested persons, publish the text of such policy direction by notice in the Gazette- (i) declaring h s or her intention to issue the policy direction; and inviting interested persons to submit written submissions in (ii) relation to the policy direction in the manner and within the period specified in such notice, whch period may not be less than 30 days from the date of the notice; and (c) publish the final version of the policy direction in the Gazette. ( 6 ) Subsection (5) does not apply in respect of any amendment by the Minister of a policy direction contemplated in subsection (2) as a result of representations received and reviewed by him or her after consultation or publication in terms of subsection (5). 10 15 20 25 30 35 40 45 6 NO. 29682 GOVERNMENT GAZETTE. 2 MARCH 2007 Act No. 22, 2006 POSTAL SERVICES AMENDMENT ACT, 2006 (7) Subject to subsection (8), a policy direction issued in terms of subsection (2) may be amended, withdrawn or substituted hy the Minister. (8) Except in the case of an amendment contemplated in subsection (6), subsections (3) and (5) apply, with the necessary changes, to any such amendment or substitution of a policy direction in terms of subsection (7). (9) The Regulator may make recommendations to the Minister on policy matters in accordance with the objects of this Act.”. Amendment of section 8 of Act 124 of 1998

4. Section 8 of the principal Act is hereby amended- (a) by the substitution in subsection (1) for paragraph (c) of the following paragraph: S 10 “ ( c ) promote the interests of users of postal [services] and other services provided through postal and related ICT infrastructure, in respect of the cost of reserved services, the continuity of [postal] those services and the quality thereof;”; 1s (b) by the substitution in subsection (1) for paragraphs (e) and (# of the following paragraphs, respectively: “(e) promote and encourage the expansion of postal services infrastructure, including ICT, (f) promote [a] universal access to postal [service that will ensure] and other services contemplated in paragraph (c) so as to facilitate equal access for all citizens to a [basic letter] service that, in addition to a basic letter service, is- (i) [that if] reasonably accessible to all people in the country regardless of physical location, with special attention to the needs of persons with disabilities; (ii) at a uniform rate of postage; (iii) at an affordable price; and (iv) [that offers a] reliable [service];”; and (c) by the deletion of subsections (2) and (3). 20 25 30 Amendment of section 16 of Act 124 of 1998, as amended by section 1 of Act 33 of 2001 and section 24 of Act 3 of 2006

5. Section 16 of the principal Act is hereby amended- (a) by the substitution for subsection (2) of the following subsection: “(2) The Regulator may only accept and consider an application for a licence to provide a reserved postal service in accordance with a policy direction issued by the Minister in terms of section 2A.”; and (b) by the substitution for the proviso to subsection (8) of the following proviso: “: Provided that nothing contained in this subsection may be regarded as limiting the powers vested in the [Regulator] Minister by subsection (2) and that any such period must be reviewed by he Minister every [three] - five years or such shorter period as the hhister may determine.”. 35 40 Amendment of section 30 of Act 124 of 1998, as amended by section 24 of Act 3 of 2006

6. Section 30 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “( 1) [The] Subject to the approval of the Minister, the Regulator, in consultation with the postal company or, where applicable, any other licensee, may determine the fees and charges payable in respect of the provision of a postal service by the postal company orL where applicable, by such other licensee.”. 45 so 8 No. 29682 GOVERNMENT GAZETTE, 2 MARCH 2007 Act No. 22,2006 POSTAL SERVICES AMENDMENT ACT, 2006 Substitution of section 59 of Act 124 of 1998

7. The following section is hereby substituted for section 59 of the principal Act: “Electronic mail and addresses

59. Subject to the [Telecommunications Act, 1996 (Act No. 103 of 1996)] Electronic Communications Act, 2005 (Act No. 36 of 2005), the Postal Company may carry electronic mail, including the Internet, and provide electronic addresses.” 5 Repeal of section 65 of Act 124 of 1998

8. Section 65 of the principal Act is hereby repealed. Amendment of section 80 of Act 124 of 1998, as amended by section 8 of Act 33 of 10 2001 and section 24 of Act 3 of 2006

9. Section 80 of the principal Act is hereby amended by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: “The Complaints and Compliance Committee established [by] in terms of section 17A of the [Electronic] Independent Communications Authority of South Africa 15 Act, 2000 (Act No. 13 of 2000), must investigate and consider-”. Substitution of certain words in Act 124 of 1998

10. The principal Act is hereby amended by the substitution for the word “officer”, wherever it occurs, of the expression “employee of the postal company”. Short title 20

11. Thls Act is called the Postal Services Amendment Act, 2006.