Postal Services Amendment Act
This section identifies the Postal Services Amendment Act, 2001 and shows it is part of an Act assented to on 4 December 2001.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 33 of 2001
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- Undated source snapshot
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- en
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About this statute
This section identifies the Postal Services Amendment Act, 2001 and shows it is part of an Act assented to on 4 December 2001. This section changes the definition of “Regulator” in the Postal Services Act, 1998. This section amends section 3 of the principal Act by replacing subsection (1) and deleting subsection (5). The Minister appoints the Chairperson and department officers to the Regulator, and the Chairperson must be fit and properly qualified. This section says section 5 of the principal Act is being replaced with new text beginning “Reappointment and termination”.
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Provisions of Postal Services Amendment Act
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- 7 Verify source ↗
December 2001 No. 22910
This section identifies the Postal Services Amendment Act, 2001 and shows it is part of an Act assented to on 4 December 2001.
7 December 2001 No. 22910 THE PRESIDENCY No. 1311 7 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 33 of 2001: Postal Services Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22910 GOVERNMENT GAZETTE. 7 DECEMBER 2001 Act No. 33,2001 POSTAL SERVICES AMENDMENT ACT. 2001 GENERAL EXPLANATORY NOTE: [ ] Wclrds in bold type in square brackets indicate omissions from existing enactments. Words underlined with a existing enactments. solid line indicate insertions in (English text signed by the President.) (Assented to 4 December 2001.) To amend the Postal Services Act, 1998, so as to amend the definition of Regulator; to make fresh provision for the composition of the Postal Regulator; and to enable the postal company to provide insurance of mail and postal articles; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic follows:- of South Africa, as Amendment of section 1 of Act 124 of 1998 - 1 Verify source ↗
Section 1 of the Postal Services Act, 1998 (hereinafter referred to as the principal
This section changes the definition of “Regulator” in the Postal Services Act, 1998.
1. Section 1 of the Postal Services Act, 1998 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of “Regulator” of the following definition: 5 “ ‘Regulator’ means the [Directoral.e: Postal Regulator established by section 3 0 ; ” . Postal Regulation contemplated in] Amendment of section 3 of Act 124 of 1998 - 2 Verify source ↗
Section 3 of the principal Act is hereb:y amended-
This section amends section 3 of the principal Act by replacing subsection (1) and deleting subsection (5).
2. Section 3 of the principal Act is hereb:y amended- (a) by the substitution for subsection (1) of the following subsection: “(1) A [Regulator] Directora1.e: Postal Regulation to be known as the hereby established [Directorate: Postal Regulation] within the Department.”; and (b) by the deletion of subsection (5). Postal Regulator is Amendment of section 4 oSAct 124 of 1998 10 15 - 3 Verify source ↗
Section 4 of the principal Act is hereby amended by the substitution for subsection
The Minister appoints the Chairperson and department officers to the Regulator, and the Chairperson must be fit and properly qualified.
3. Section 4 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsections: “( 1) The Regulator consists of [two persons, of whom]- ( a ) [one must be the most senior officer in the Postal Policy Division OS the 20 Department, who must be designated the Chairperson of the Regulator, or, subject to subsection (2), an officer acting in his or her position] a Chairperson appointed by the Minister for a period of no more than five years; and 4 No. 22910 GOVERNMENT GAZETTE. 7 DECEMBER 200 I Act No. 33,2001 POSTAL SERVICES AMENDMENT ACT. 2001 (0) [the other must be a fit and proper person with appropriate qualifications appointed by the Minister for a period of not more than five years] officers of the Department designated by the Minister, one of whom must be designated as the deputy chairperson. (1A) The Chairperson appointed in terms of subsection (l)(a) must be a fit and 5 proper person with appropriate qualj fications. (1B) Whenever the Chairperson is absent or unable to perform his or her duties, the deputy chairperson contemplate’d in subsection stead and when so acting, may perfclrm any function of the Chairperson.”. (l)(b) must act in his or her Substitution of section 5 of Act 124 of 1998 - 4 Verify source ↗
The following section is hereby substituted for section 5 of the principal Act:
This section says section 5 of the principal Act is being replaced with new text beginning “Reappointment and termination”.
4. The following section is hereby substituted for section 5 of the principal Act: “Reappointment and termination - 5 Verify source ↗
The Minister may-
The Minister may reappoint a person after their term ends, and may terminate the appointment for sound reasons using procedures for State employees.
5. The Minister may- (a) reappoint the person appointed in terms of section 4(l)(a) upon the expiry of his or her term of office; and 10 15 (bj terminate the appointment the procedures applicable to State employees if there are sound reasons to terminate the appointment.”. of such person in accordance with Substitution of section 17 of Act 124 of 1998 - 5 Verify source ↗
The following section is hereby substituted for section 17 of the principal Act:
This provision states that section 17 of the principal Act is being substituted, and the new section is headed “Duration of licence.”
5. The following section is hereby substituted for section 17 of the principal Act: 20 “Duration of licence - 17 Verify source ↗
Subject to section [16(7)] 1 6 0 , a licence issued in terms of this Act
A licence issued under this Act is valid for the prescribed period, or a shorter period set by the Regulator and stated in the licence when issued.
17. Subject to section [16(7)] 1 6 0 , a licence issued in terms of this Act be is valid for the period prescribed or for such shorter period as may determined by the Regulator in any particular case and stipulated in the licence at the time of issue thereof.”. 25 Insertion of section 30A in Act 124 of 19\98 - 6 Verify source ↗
The following section is hereby inserted in the principal Act after section 30:
This section inserts a new section about insurance of mail and postal articles.
6. The following section is hereby inserted in the principal Act after section 30: “Insurance of mail and postal articles - 30A Verify source ↗
The postal company may provide for the insurance of mail or postal
The postal company may insure mail or postal articles and may enter into reciprocal arrangements with postal authorities.
30A. The postal company may provide for the insurance of mail or postal articles subject to such terms and conditions as may be prescribed, and may an agreement with any postal authority for the reciprocal enter into exchange of insured mail or postal articles.”. 30 Amendment of section 35 of Act 124 of 1.998 - 7 Verify source ↗
Section 35 of the principal Act is herehy amended by the substitution in subsection
The amended wording requires the item to be sent to the returned letter office or an authorised branch and handled as determined by the postal company.
7. Section 35 of the principal Act is herehy amended by the substitution in subsection (1) for the words following upon paragraph (c) of the following words: 35 “must be sent to the office known as the returned letter office or any authorised branch of such office and dealt with as may be determined by the postal company.”. Amendment of section 80 of Act 124 of 1998 - 8 Verify source ↗
Section 80 of the principal Act is hereby- amended by the substitution for subsection
A person who operates under this Act or under a licence/registration certificate under it commits an offence and may be fined, imprisoned for up to five years, or both.
8. Section 80 of the principal Act is hereby- amended by the substitution for subsection (1) of the following subsection: “(1) Any person who operates accordance with this Act [or] in terms of a licence or registration certificate issued to that person in terms of this Act is guilty of an offence and liable on conviction to a fine or to imprisonmen1 for a period not exceeding [two] five years or to both a fine and such imprisonment.”. a postal service except [in terms ofl & 40 45 6 No. 22910 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 33,2001 POSTAL SERVICES ’4MENDMENT ACT. 2001 Amendment of Schedule 1 to Act 124 of 1998 - 9 Verify source ↗
Schedule 1 to the principal Act is hereby amended-
This section amends Schedule 1 and redefines “letter” for that Schedule.
9. Schedule 1 to the principal Act is hereby amended- (a) by the substitution in item 1 fox paragraph (a) of the following paragraph: “(a) all letters, postcards, printed matter, small parcels and other postal articles subject to the mass [and] out in item 3;”; size limitations [of paragraph] set - 5 (b) by the substitution for items 2 and 3 of the following items, respectively: “2. For [the] purposes of this Schedule, a letter means any form of written communication os other document, article or object that is directed to a spzcific person or persons or specific address and is to be conveyed other than by electronic means and includes a parcel, package or wrapper containing any such communication or article conforming to the mass [and] size limitations set out in [paragraph] item 3. - 3 Verify source ↗
The
The provision describes which items count as reserved postal services and which cylinders are regarded as letters.
3. The reserved postal services include all items described in l(a) ;and 2 of a mass up to and including one [paragraphs] kilogram [as well as dimensions] or size which [enable] enables it to fit into a rectangular box with the following dimensions: length 458 mm width 324 mm thickness 100 mm Cylinders having a maximum length of 458 mm and 100 mm thickness [and] a mass of up to one kilogram are regarded as letters.”; and 10 15 20 (c) by the deletion of paragraph (d) of item 4. Amendment of Schedule 2 to Act 124 of 1998 - 10 Verify source ↗
Schedule 2 to the principal Act is hereby amended by the substitution
This section amends Schedule 2 to the principal Act by replacing paragraph (a) in item 1.
10. Schedule 2 to the principal Act is hereby amended by the substitution in item 1 for 25 paragraph (a) of the following paragraph: “(a) all letters, postcards, printed matter, small parcels and other postal articles [larger or heavier than the dimtmions set out in item 3 of Schedule 11 fall outside the ambit of the reserved services set out in Schedule 1 up to and including thirty kilograms;”. 30 Substitution of certain words in Act 124 of 1998 - 11 Verify source ↗
The principal Act is hereby amended-
The Minister may keep a current office-holder in place until the term ends, and that person must then serve as deputy chairperson; the Minister may also end the employment at any time in line with applicable law.
11. The principal Act is hereby amended- (a) by the substitution in section 9(1) for the word “him” of the expression “him or her”; and (b) by the substitution in section 60(4) for the word “he” of the expression “he or 35 she”. Transitional provision 12. (1) The Minister may require the person employed in terms of section 4( 1)(b) of the principal Act immediately before the co.mmencement of this Act to remain in office until the expiry of the person’s term of office. (2) In that event, that person must serve as deputy chairperson of the Postal Regulator established by section 3(1) of the principal Act in place of one of the officials contemplated in section 4( l)(b) ‘of the said Act until the expiry of the person’s term of office, subject to subsection (3). (3) The Minister may at any time terninate the employment of that person in 40 45 accordance with applicable laws. Short title - 13 Verify source ↗
This Act is called the Postal Services Amendment Act, 2001.
This section gives the short title of the Act: the Postal Services Amendment Act, 2001.
13. This Act is called the Postal Services Amendment Act, 2001.
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