Postal Services Act
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- South Africa
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- Act 124 of 1998
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annual reporting appointments capital markets commencement communications confidentiality corporate governance criminal procedure customs inspection dangerous items in mail definitions delegation of statutory powers delivery delivery errors deposit accounts deposit administration deposit security deposit-taking evidence false message transmission fees hearings information disclosure licence inspection +62 more
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The provided text only shows a date and document number. This text says the President assented to the Postal Services Act, 1998, and that it is being published for general information. This section explains that bold text in square brackets marks omissions from existing enactments, and underlined text marks insertions. This section lists the Act’s subject matter and chapter headings, including the postal regulator and related postal services provisions. This section is titled “Money orders and postal orders regarded as bank notes.”
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Provisions of Postal Services Act
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December 1998 No. 1554.
The provided text only shows a date and document number.
2 December 1998 No. 1554. - 2 Verify source ↗
Desember 1998
This text says the President assented to the Postal Services Act, 1998, and that it is being published for general information.
2 Desember 1998 It is hereby notified following Act which information:- that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- ter No. 124 of 1998: Postal Services Act, 1998. No. 124 van 1998: Wet op Posdienste, 1998. 2 No. 19540 GOVERNMENT GAZE-I-I-E, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 GENERAL EXPLANATORY NOTE: [ - 1 Verify source ↗
Words in bold type in square brackets
This section explains that bold text in square brackets marks omissions from existing enactments, and underlined text marks insertions.
1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid existing enactments. line indicate insertions in (English text signed by the President.) (Assented to 20 November 1998.) ACT for the regulation of postal services; To make new provision functions of the postal company, structural matters Postbank and National Savings Certificates; and to consolidate relating matters connected its universal therewith. to postal including relating for the operational service obligations; for of the certain provisions to the postal company and amend or repeal others; and to provide for services as well as the operation B E IT ENACTED follows:- by the Parliament of the Republic of South Africa. as ARRANGEMENT OF ACT CHAPTER I INTERPRETATION AND OBJECTS OF ACT - 2 Verify source ↗
Objects of Act
This section lists the Act’s subject matter and chapter headings, including the postal regulator and related postal services provisions.
2. Objects of Act CHAPTER II POSTAL REGULATOR 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. of Regulator of Regulator of membership Establishment Composition Termination Co-opting of persons Staff General Meetings of Regulator Attendance of meetings of Regulator Minutes of meetings of Regulator Notice to appear at meeting of Regulator Procedure at hearing Annual functions of Regulator report by Regulator 10 15 20 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 4 No. 19540 GOVERNMENTGAZETTE. DECEMBER1998 CHAPTER III REGULATION OF POSTAL SERVICES reserved postal service without licence unreserved fees and licence on operating Prohibition on operating Applications for licences Duration of licence Renewal of licence Application Prohibition certificate Application Operators Production of licences and registration Suspension or cancellation Production of books and records Appointment Appointment Powers of inspectors of independent monitor of inspectors for registration postal service without registration regarded as having been registered certificates of licence or registration certificate CHAPTER IV POSTAL COMPANY AND POSTAL SERVICES in course of transmission, or to have regarded as having been posted in contravention of Act letter office for disposal articles of value and articles posted in contravention to sender or delivery of Act to person other than letter office regarded as being to be sent to returned to customs duty Subsidy to postal company Fees and charges for postal services Postage Letters to take precedence When postal articles been posted or delivered Articles Postal articles Articles subject Articles other than letters may be examined Treatment of unclaimed Unclaimed Delay in transmission, addressee of articles prohibited Articles addressed Articles addressed Detention of postal articles on order of court Arrangements and agreements Compensation Jurisdiction to insolvent persons to deceased persons letters in returned in return to convey postal articles CHAPTER V MONEY TRANSFER SERVICES Remittance of money Refusal 47. 48.
Part
CHAPTER V
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Money orders and postal orders regarded as bank notes
This section is titled “Money orders and postal orders regarded as bank notes.”
49. Money orders and postal orders regarded as bank notes - 50 Verify source ↗
Money remitted
This section heading refers to money remitted through a postal company and related postal order matters.
50. Money remitted through postal company through postal company to issue or pay money orders, postal orders or other documents in terms of Post Office Act, 1958 CHAPTER VI POSTBANK AND NATIONAL SAVINGS CERTIFICATES in Postbank or National Savings Certificates in name of minors 51. 52. 53. 54. 55. Operation and control of Postbank Deposits Secrecy Transfer of deposits Inactive accounts from or to another country 5 10 15 20 25 30 35 40 45 50 6 No. 19540~,‘/ GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,19!I8 POSTAL SERVICES ACT, 1998 56. 57. 58. Issue of National Savings Certificates Regulations regarding National Savings Certificates Security for repayment of certain deposits and amounts represented by certain certificates CHAPTERVH ’ GENERAL PROVISIONS - 47 Verify source ↗
Money may be remitted
The postal company may issue and pay money orders, postal orders, and similar documents for remitting money, at rates set by an authorised employee (text is unclear).
47. Money may be remitted at rates determined any employee authorised Republic authorise documents the postal company either within or outside through by the postal company the and the postal company may to issue and pay money orders, postal orders and other to be used for the purpose of so remitting money. Refusal to issue or pay money orders, postal orders or other documents authorised in favour of any person to be used for the purpose of remitting money - 48 Verify source ↗
The postal company may refuse to issue or pay any money order, postal order or
The postal company may refuse to issue or pay certain money orders and postal orders, and a court may decide how refused items are returned or otherwise disposed of.
48. The postal company may refuse to issue or pay any money order, postal order or the court has such refusal and where payment of any such money order, postal order, or is so refused, such money order, postal order, or other document may, if issued the in other document postal company, authorised other document it was issued in the Republic, be returned or otherwise disposed of as the court may determine, or, if it was issued outside Republic, the amount which it was issued. to the person to whom it was originally to the postal authority of the country in respect of whom a competent thereof must be returned through 40 45 50 32 No. 19540 GOVERNMENT GAZE-l-J-E. 2 DECEMBER I998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 Money orders and postal orders regarded as bank notes 49. ( 1) Any money order, postal order or other document issued under section 47 must be regarded as being a bank note or an order for the payment of money and a valuable security within the meaning of any law relating to forgery or theft. (2) Any unissued postal order must be regarded as money of the postal company. 5 Money remitted through postal company in terms of Post Office Act, 1958 - 50 Verify source ↗
Money orders, remitted
The provision says certain pre-commencement money orders are treated as transmitted, and it sets out how the Postbank and postal company must be run.
50. Money orders, remitted in terms of section 46 of the through the postal company Post Office Act, 1958 (Act No. 44 of 1958), which were valid immediately prior Co the in terms of commencement this Act. of this Chapter must be regarded as having been transmitted CHAPTER VI POSTBANK AND NATIONAL SAVINGS CERTIFICATES Operation and control of Postbank 51. (1) The Postbank is operated under the control and management of the postal company. (2) The postal company must undertake such activities as are customary for a financial institution carrying on the business of accepting deposits. (3) The Postbank must be operated, managed and controlled in accordance with this Act. (4) Interest on deposits to time by the postal company Finance in the case of each kind of deposit. and the Minister in the Postbank must be paid at a rate determined from time in consultation with the Minister of 10 15 20 Deposits in Postbank or National Savings Certificates in name of minors
Part
CHAPTER VI
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ElecFonic mail and addresses
Section title: Electronic mail and addresses.
59. ElecFonic mail and addresses - 60 Verify source ↗
Delegation of functions
Section 60 is titled “Delegation of functions.”
60. Delegation of functions - 61 Verify source ↗
Regulations
This section is a regulations heading and table of contents-style extract covering offences, repeal and amendment of laws, savings, and commencement.
61. Regulations , CHAPTERVIII OFFENCES 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. Failure to produce licence or registration certificate Failure to produce books and records Failure to appear at meeting of Regulator Obstructing officer in performance of functions Forgery of stamps, dies and other articles Illegal practices in connection with postal articles and premises Damage to post office or mail Irregular opening of or tampering with mail Wilfully obstructing or delaying mail Wilful opening or delay of postal article or telegram Impersonating officer False’declarations Offences regarding telegrams Divuiging contents of telegrams Attempting to commit or procuring commission of offences Penalty for offences for which no special penalty provided Evidence in criminal proceedings Acceptance of official marks Operating of postal services without licence or registration certificate , CHAPTER IX REPEAL AND AMENDMENT OF LAWS Amendment of section 1 of Act 44 of 1958 Amendment of section 3 of Act 44 of 1958 Amendment of section 4 of Act 44 of 1958 Amendment of section 5 of Act 44 of 1958 Amendment of section 12W of Act 44 of 1958 Amendment of section 115, of Act 44, of ,1958 Repeal of certain sections of Act 44 of1958 . CHAPTERX SAVINGS, SHGRT TITLE AND COMMENCEMENT 88. 89. Savings Short title and commencement SCHEDULE 1”. ’ RESERVED POSTAL SERVICES SCHEDULE 2 UNRESERVED POSTAL SERVICES 5 10 ‘15 20 25 30 35 40 45 CHAPTER I INTERPRETATION AND OBJECTS OF ACT Definitions licensed or (x) (x) (vi) (iv) (xi) (ix) (vii) (xii) (viii) (xiii) (xiii) (xvii) (xxii) of the (iv) (v) (ii) (iii) individual loose and the powers for payment the post with for conveyance in Schedule 1; (iii) indicates otherwise- the amount payable the officer occupying every article collected in terms of this Act; (xxv) the Minister entrusted with the administration any person employed by the postal company or in means on the fixed establishment that of the Department or who acts in the context service” means a service provided by a person to provide such a service in terms of this Act; (viii) by post and articles and every mail bag, vessel or of any kind by which postal articles are carried, whether or - 52 Verify source ↗
Notwithstanding
Postbank may repay certain deposits or National Savings Certificates to a person under 21 in the prescribed manner. It also prohibits disclosure of depositor or certificate-holder information, subject to listed exceptions.
52. Notwithstanding anything to the contrary contained in any other law, deposits the Postbank made by or for the benefit of, or any National Savings Certificate favour of, any person under 21 years of age, may be repaid prescribed manner Postbank. to that person kind of deposit or account in respect of any particular in issued in 25 in the in the Secrecy 53. (1) No person may, in respect of the transactions of any depositor or any holder of a National Savings Certificate, disclose any information name of any such depositor or holder) which comes performance of his or her functions in terms of this Act, except- to his or her knowledge in the Postbank the in the (including (a) (b) (c) to an employee appointed by the postal company provisions of this Chapter; to the Commissioner to any tax or levy; to the Master depositor to the administration for Inland Revenue, in relation to assist in carrying out the for the purposes of any law relating of the estate of any deceased in the Postbank or holder of a National Savings Certificate; or (d) when required by order of a competent court. (2) Nothing in this section contained may be regarded as limiting the authority of the auditors of the postal company to enable as may be necessary to require a disclosure of such accounts and documents them to carry out the duties imposed upon them by law. Transfer of deposits from or to another country - 54 Verify source ↗
The postal company may, in accordance with arrangements made with any postal
The postal company may transfer or place money under arrangements with a postal authority, subject to this Act and currency-exchange rules.
54. The postal company may, in accordance with arrangements made with any postal to the credit in a savings bank controlled by that postal to authority for the transfer from or to the Republic of sums of money standing of depositors authority to this Act and any regulation made under a law relating in the Postbank or depositors and subject 30 35 40 45 34 No. 19540 Act No. 124,1998 GOVERNMENT GAZETTE, 2 DECEMBER 1998 POSTAL SERVICES ACT, 1998 currency and exchanges, place any sum so transferred of a deposiior’s ordinary account. to the postal company to the credit Inactive accounts 55. (1) If a balance in an ordinary account has remained unchanged for more than the prescribed period (which may not be shorter than two years), except for the accrual of interest, to the revenue of the postal company and utilise the balance it for the purposes of the company. the postal company may transfer (2) If the depositor concerned or any person legally competent his or her behalf applies for the repayment ordinary account and the interest which would have accrued be transferred concerned. in question thereof, or if an amount to claim the balance on in the for deposit is paid after such transfer, an amount equal to the balance thereon if it had not been so transferred must to the credit of the depositor from the revenue of the postal company Issue of National Savings Certificates 56. ( 1) Notwithstanding anything to the contrary contained company may from time to time, with the approval of the Minister issue, raise money by way of issues of National Savings Certificates. in any other law, the postal in the case of each 5 10 15 (2) The conditions upon which National Savings Certificates are issued, shall in the in consultation with the Minister of case of each issue be determined by the Minister Finance and shall be prescribed by regulation. 20 .(3) The terms of any certificate shall not exceed ten years. (4) On the amount represented by any National Savings Certificate which is not repaid before or on the expix-y of the term thereof, interest may be paid from the expiry of such term to the date of repayment, at the rate determined by the Minister in consultation with the Minister of Finance and prescribed by regulation. amount which may be held by- (5) The maximum (a) (b) (c) any natural person; any natural person and, in a case where he or she is liable for the payment of income earned by any other natural person on National Savings Certificates, any body or Certificates may be accepted, also such other person jointly; and tax in respect of interest from which in National investments institution Savings 25 30 in any particular prescribed with the concurrence of the Minister of Finance. issue, or more than one issue of National Savings Certificates, must be (6) This section must not be so construed as to derogate from the power of the postal 35 company to borrow or raise money under the provisions of any other law. Regulations regarding National Savings Certificates 57, (1) Subject to section 56, the Minister may make regulations- to be therewith; represented by, National Savings Certificates the procedure which must be observed in the issue of, and the and the in respect of each issue of National Savings Certificates in terms of this Act is required or permitted in respect of National Savings Certificates; as to any matter which prescribed by regulation prescribing payment of amounts forms which must be used in connection the price prescribing of issue, term, units or multiples of units in which certificates may be issued, the rate of interest and times and manner of payment of interest, and, subject (3), the minimum period which must elapse to paragraph represented by it from the date of issue of any certificate before the amount may be repaid; as to the circumstances National Savings Certificate may be repaid before the expiry of the minimum period prescribed under paragraph (c); as to the conditions Savings Certificate by the holder used in connection with such transfer and the fees payable to the transfer of any National the forms to be in respect thereof; under which and the conditions thereof to another person, and procedure applying (dJ and subsection 40 45 55 upon which any 50 36 No. 19540 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 Cf) in the and or damaged fees payable respect of any and by one person to certain persons or classes of as to the replacement of any National Savings Certificate which has been lost, destroyed such replacement; as to the issue of National Savings Certificates persons; as to the purchase of any National Savings Certificate by a trustee on behalf of a beneficiary in conditions certificate and compliance with such conditions, requirements different investors) as to, generally, expedient relating the name of another on particular by such of the amount and in respect of categories of such categories that apply to such purchases; and any other matter it is necessary or the objects of this Act represented and as to limitations to National Savings Certificates. in respect of which in order to achieve to make regulations to the repayment or requirements or different investments limitations (including of such different relating W th! 0) issue of National Savings Certificates (2) Regulations made under subsection as a condition of any that the rate of interest prescribed by the particular regulations issue of National Savings Certificates, may from time to time be increased or decreased by the Minister by way of an amendment of the regulations. (1) may prescribe to the relevant in relation 5 10 15 20 (3) If any such rate of interest is, as from the date on which the rate of interest thereby request of the holder of the relevant National Savings Certificate, thereon up to the date of repayment. interest accrued regulations may be made (4) Different in respect of different is decreased, any National Savings Certificate affected repayable at the together with any is decreased, issues of National 25 Savings Certificates. (5) No regulation may be made under subsection (l)(c), (d) or (g) without the concurrence of the Minister of Finance. (6) The regulations made under section 77B of the Post Office Act, 1958 (Act No. 44 of 1958). and any regulations made or any act performed by virtue of an authority prior to the granted commencement in terms of Chapter V of that Act, which were in force immediately in force until repealed under this section. of this Act, remain Security certificates for repayment of certain deposits and amounts represented bY certain - 58 Verify source ↗
The revenue and assets of the postal company and thereafter of the State, serve as
The postal company’s and later the State’s revenue and assets secure repayment of certain Postbank deposits and related certificates, including interest.
58. The revenue and assets of the postal company and thereafter of the State, serve as security for the repayment of deposits in the Postbank and of the amounts represented by Postbank, National Savings and Union Loan Certificates and for the payment of interest due thereon. CHAPTER VII GENERAL PROVISIONS Electronic mail and addresses
Part
CHAPTER I
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In this Act, unless
This section defines key terms used in the Act, including Department, Minister, mail, postal article, regulation, sender, and related postal-service terms.
1. In this Act, unless (i) “courier registered “Department” means the Department of Communications; “Director-General” designation that post; (v) “letter” means a letter as defined “mail” means includes conveyance not it contains any such articles and every person conveying or delivering mail or postal articles; “mail bag” includes any container, bag, box, parcel, basket, envelope or other covering in which postal articles are conveyed, whether or not it contains such articles; “Master” means a Master of the High Court acting within conferred upon him or her by law; (ix) “Minister” means Department; “money order” means a money order issued in terms of this Act or by any postal authority “National Savings Certificate” means any National Savings certificate issued under section 56; (xi) includes “officer” connection with any business of the postal company; “postage” means articles; “postage any piece of paper or other the stamp, mark or impression of substance or material having any die, plate, or other instrument made or used in terms of this Act or by any postal authority any postage or other for the purpose of denoting postal fee; (xxiii) letter card, “postal article” means any letter, postcard, envelope, book, packet, pattern or sample packet or any parcel or other article when a telegram when conveyed by post; (xxiv) “postal authority” foreign country or place; (xv) “postal company” means 3( 1) of the Post Office Act, 1958 (Act No. 44 of 1958); (xix) “postal order” means a postal order issued under postal authority “postal service” means a reserved postal service or an unreserved postal service as contemplated (xvi) “Postbank” means “postmaster” means “post office” room, vehicle, place or structure where postal articles are received, sorted, delivered, made up or dispatched or which is used for any other purpose in connection with the rendering of any postal, savings, money transfer or other service by the and any pillar box or other receptacle provided by or postal company with for the reception of postal articles; “prescribed” means prescribed by regulation under this Act; (xxxi) “regulation” means a regulation made under this Act; (xxvi) “Regulator” means section 3; (xxvii) to in section 51; (xiv) the officer in charge of a post office; (xx) includes any duly constituted postal authority of any for payment under this Act; (xxi) the Directorate: Postal Regulation the postal company contemplated the approval of the Department 1 and Schedule 2, respectively; in the course of transmission stamp” or “stamp” means or the postal company by post, and includes (xxii) (xxiii) (xxiv) any house, building, for the transmission this Act or by any (xix) (xx) (xxi) reply postcard, the Postbank contemplated in Schedule in section of postal includes referred thereon (xviii) (xviii) (xvii) (xiv) (xvi) (xv) (ii) in 5 10 15 20 25 30 35 40 45 50 55 60 10 No. 19540 GOVERNMENT GAZE-l-l-E, 2 DECEMBER 1998 Act No. 124.1998 POSTAL SERVICES ACT, 1998 (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) (xxxi) in Schedule to any postal article or telegram, means the person to have come, unless that he or she is not the sender thereof; (i) the telecommunications com- in section 3( 1) of the Post Office Act; 1958 (Act No. in relation company” means “reserved postal services” means the services contemplated 1; (vi) “sender”, from whom that postal article or telegram purports such person proves “telecommunications pany contemplated 44 of 1958); (xxix) “telecommunications in the Post Office Act, 1958 (Act No. 44 of 1958); (xxviii) “this Act” includes “universal licence “unreserved Schedule 2. (xii) issued in terms of section 16; (xxx) postal service” means a universal line” means a telecommunications services” means the regulations; the services postal (vii) service as defined line as defined contemplated in a in 5 10 15 Objects of Act
Part
Schedule 2. (xii)
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The primary object of this Act is to provide for the regulation and control of postal
The Act establishes a postal regulator within the Department and requires it to act impartially, report to the Minister, and carry out its functions under the Act and ministerial guidance.
2. The primary object of this Act is to provide for the regulation and control of postal services (a) 04 (c) (4 (4 ul w 25 through towards in the interest of the 20 and innovation to the needs of the achievement to all areas including in the postal industry; the areas of the historically interest and for that purpose to- investment the development of postal services that are responsive that the needs of disabled persons and affordable provision of postal services; of services, particularly including communities, in respect of the distribution disadvantaged of the Republic; the universal provision of postal services; the universal the provision of a wide range of postal services of universal level of effective and regular postal rural areas and small towns where post offices in the public promote promote economic growth and development make progress encourage promote users and consumers; ensure greater access to basic services postal service, by providing an acceptable services are not sustainable; develop greater equity within rural areas; ensure provision of postal services; encourage the postal industry, especially ensure fair competition within promote stability protect the interests of postal users and consumers; promote the effective maintenance and delivering mail nationwide, categories of mail users; contribute actively participating an interface between Government community activities; promote ties; ensure compliance with international promote small, medium and macro-enterprises within the postal industry; and 50 promote a culture of saving by means of the Postbank. through and education, of a citizen’s post office, serving as amongst historically disadvantaged the postal industry; of an eflicient system of collecting, responsive and co-operation with other agencies and local authori- of human resources and capacity building within sorting, to the needs of all and providing a centre for 45 and rural development in the postal industry; in the development to the community the development and community commitments; into account in a manner are taken interaction groups; in the 30 40 35 (W (i) 0-j tk) (1) tm) (4 (0) (PI (4) (4 CHAPTER II POSTAL REGULATOR Establishment of Regulator 3. (1) A Regulator to be known as the Directorate: Postal Regulation is hereby 55 established within the Department. (2) The Regulator and its support staff must operate as a Directorate of the Department and must report to the Minister, (3) The Regulator must be impartial (4) The Regulator must perform through the Director-General. in the performance of its functions. in terms of this Act and in accordance with guidelines given to it by the Minister and such policy directions as may be issued by the Minister from time to time by notice in the Gazette. its functions 60 - 12 Verify source ↗
No. 19540
The Regulator must have two members, and the Minister may designate an officer to act as a member when needed.
12 No. 19540 GOVERNMENTGAZETTE.2DECEMBER1998 Act No. 124,1998 POSTAL SERVICES ACT, ! 998 (5) A guideline or policy direction amended. withdrawn or substituted apply, with the necessary changes, substitution. issued by the Minister under this section may be by the Minister, and the provisions of this section to such an amendment, withdrawal or in relation Composition of Regulator 4. ( 1) The Regulator consists of two persons, of whom- (a) (6) one must be the most senior officer Department, who must be designated subject to subsection the other must be a fit and proper person with appropriate qualifications appointed by the Minister in the Postal Policy Division of the of the Regulator, or, the Chairperson (2), an officer acting in his or her position; and for a period of not more than five years. (2) Notwithstanding subsection in the Department as an alternate member of the Regulator a member when such member is not available to perform those functions. (l), the Minister may at any time designate an officer to perform the functions of Termination of membership 5. (1) A member of the Regulator 4(l)(b), whose term of office has expired, appointed by the Minister in terms of section is eligible for reappointment. (2) If there are sound reasons for doing so, the Minister may at any time terminate a to State in accordance with the procedures appointment applicable member’s employees. 5 10 15 20 _ Co-opting of persons - 6 Verify source ↗
The Regulator may co-opt any person with the relevant expertise
The Regulator may co-opt a person with relevant expertise to help consider a particular matter.
6. The Regulator may co-opt any person with the relevant expertise assist the Regulator ofa particular matter. in the consideration to or qualifications Staff - 7 Verify source ↗
The staff required for the proper performance of the functions of the Regulator and 25
The Director-General must designate certain staff from Department employees, and the Regulator has duties and powers for postal-service regulation, meetings, confidentiality, and notices.
7. The staff required for the proper performance of the functions of the Regulator and 25 administration who are or must become employees of the Department. of this Act, must be designated by the Director-General from persons General functions of Regulator 8. (1) The Regulator must- functions in respect of the reserved and unreserved postal the interests of users of postal services exercise regulatory services; ensure that the provisions of this Act and the terms and conditions in any licence are complied with; promote reserved services, ensure promote and encourage promote a universal postal service that will ensure equal access for all citizens to a basic letter service- (i) of postal services and the quality for postal services are satisfied; the expansion of postal services; in respect of the cost of that all reasonable in the country the continuity to all people accessible contained requests thereof; regardless of 40 30 35 that is reasonably physical location; at a uniform at an affordable price; and that offers a reliable service; rate of postage; (ii) (iii) (iv) regulate the issue of postage stamps including definitive, commemorative special (2) The Regulator may- issues of such stamps and any other philatelic items. and 45 14 No. 19540 GOVERNMENT GAZE’ITB, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 (a) to attend conferences send persons matters where appropriate, subject meetings, (b) carry on all such other activities performance of its functions and meetings relating and, in the case of international to postal services and conferences to approval by the Minister; and as may be necessary or expedient for the in terms of this Act. (3) No member of the Regulator or staff of the Department, in terms of section 27, may disclose any information appointed which may come to his or her knowledge this Act except in so far as such person may be required of a competent court. including an inspector regarding any matter in terms of to do so by law or by an order in the performance of any function Meetings of Regulator 5 10 9. ( 1) Meetings of the Regulator must be convened by the Chairperson at the time and time or venue to be determined by him and may be adjourned, whether for an indefinite until a particular so warrant. (2) Meetings of the Regulator must be convened time, if circumstances for the consideration of- 15 (a) (b) (c) (d) for any licence or registration applications reports submitted by the independent monitor reports submitted by an inspector representations made by any person who has been summoned the Regulator in terms of section 12; in terms of this Act; required in terms of this Act; in terms of this Act; ’ to appear before 20 (e) matters referred by the Minister fl (g) complaints representations by the hqlder of a licence; to the Regulator for consideration; against a licence holder where the customer’s complaints to the licence holder were not satisfactorily resolved; (h) other matters which the Regulator regards as necessary to consider in terms of 25 this Act. Attendance of meetings of Regulator 10. (1) Subject to subsection (2), the meetings of the Regulator must be open to the public. (2) Where confidential Regulator may- the Regulator nature of any evidence or matter or for any other that it is desirable is satisfied to do so by reason of the 30 lawful reason, the (a) direct that a hearing or part of a hearing shall take place in private and give (b) prohibit or restrict directions as to the persons who may be present; or the publication private, before the Regulator or documents provided of evidence given, whether in public or 35 to the Regulator. Minutes of meetings of Regulator 11. (1) Minutes of the proceedings of meetings of the Regulator must be kept. (2) Subject the minutes 10(2), any person may obtain (1) Or of any part thereof against payment of the prescribed to section in subsection copies of contemplated fee. Notice to appear at meeting of Regulator 12. (1) The Chairperson may, by way of written notice, cause any person who might of a particular matter, to be present at a meeting of the be affected by the investigation Regulator. (2) A person who has received a notice (I), must personally appear before the Regulator on the date and at the time and place set out in the notice. of the Regulator pay a witness who has (1) such reasonable expenses as may be incurred (3) The Department may on recommendation received a notice in terms of subsection by him or her for appearance at a meeting of the Regulator. in terms of subsection 40 45 50 16 No. 19540 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT. I998 Procedure at hearing - 13 Verify source ↗
The Regulator may determine
The Regulator may set the procedure for its hearings and meetings.
13. The Regulator may determine the procedure for hearings and meetings of the Regulator. Annual report by Regulator - 14 Verify source ↗
An annual report on the activities of the Regulator must be included
The Director-General must include an annual report on the Regulator’s activities in the Department’s annual report.
14. An annual report on the activities of the Regulator must be included on the activities of the Department prepared by the Director-General 120A of the Post Office Act, 1958 (Act No. 44 of 1958). CHAPTER III REGULATION OF POSTAL SERVICES Prohibition on operating reserved postal service without licence in the report in terms of section 15. (1) Subject to the provisions of this Act, no person may operate a reserved postal issued to that person in terms of service except under and in accordance with a licence this Chapter. (2) A licence confers on the holder the privileges and subjects him or her to the obligations referred to in this Act or specified in the licence. (3) The Minister may by notice as may be from time to time to the Schedules but may not, in so doing, cause any activity in the Guzetre make such amendments necessary falling under unreserved postal services to fall under reserved postal services. 5 10 15 Applications for licences 16. ( 1) Any person may, subject to the provisions of subsection (2). make application 20 to the Regulator for a licence in the manner prescribed. (2) Subject to subsections (3) and (S), no application may be entertained to provide a reserved postal service unless such application with an invitation issued by the Minister in the Gazette. is lodged pursuant to and in accordance (3) At the date of commencement as having applied application and issue such licence years from the date of commencement for a licence of this section the postal company must be regarded in terms of this Act and the Minister must grant the to the postal company with a period of validity of 25 25 of this section. (4) (n) A reserved postal service of the postal company contemplated in respect whereof excluding a courier service registered company, without such subsidiary being required if- separately, may be provided by a wholly-owned to hold a licence the postal company must be licensed or 30 in this section, subsidiary of the postal in terms of this Act (i) (ii) such subsidiary complies with the terms and conditions of the licence held by the postal company; such subsidiary is registered by the postal company with the Regulator. and (6) Any service of the postal company contemplated in this section may be provided to hold on an agency or franchise basis without such agent or franchisee being required a licence (i) in terms of this Act if- such agent or franchisee complies with the terms and conditions of the licence held by the postal company; and such agent or franchisee Regulator. (5) (a) Any person who, the postal company with the date of commencement is registered before (ii) by the immediately service of a type contemplated in Schedule of this 1, must be 45 section provided a courier regarded as being licensed to provide such a courier service, subject to paragraph (b). (a) if that through the Regulator for such a licence within of this section or within such extended period in terms of paragraph (b) A person may not be regarded as being licensed person has failed to apply to the Minister 90 days after the date of commencement as the Regulator may allow. 35 40 50 18 No. 19540 GOVERNMENT GAZE-I-l-E, 2 DECEMBER 1998 Act No. 124.1998 POSTAL SERVICES ACT, 1998 fc) After receipt of an application to paragraph fd). grant the application to the applicant. in terms of paragraph and thereafter fbJ the Minister must, subject the Regulator must issue a licence (til A person may not be licensed to provide a courier service in terms of this subsection unless that person undertakes- (i) (ii) (iii) (iv) (v) trace of any the whereabouts to receive, collect and deliver items contemplated to track and delivery by such person’s business undertaking; to deliver items within a definite international to deliver latest by l3:OO on the next working day; or to clear items through customs, where applicable. borders; items within time, in item I(a) of Schedule 1; for item received or collected in the case of deliveries across the Republic on the date of receipt thereof or at the (6) If it appears to the Regulator taking any action which has given or is likely that the postal company or any other holder of a to give an the Regulator in to be heard, direct the licensee the licensee an opportunity to themselves or any other person or category of persons, is taking or intends licence undue advantage may, after having given writing to cease or refrain from taking such action, as the case may be. (7) The postal company specified conditions in areas and to communities which are not served or adequately services, with a view to achieving universal postal service. and any other holder of a licence must comply with the to the provision of postal services served by postal in the licence in question relating (8) In the licence to be issued to the postal company (3), there must be specified in respect of reserved postal services rendered by the postal company a fixed period or from time to time any extended period, during which no person other than the postal company may be licensed that nothing contained the powers vested in the Minister by subsection (2) and that any such period must be reviewed every three years. in this subsection may be regarded as limiting in terms of subsection service: Piovided to pro;ide a.simila; (9) The licences contemplated (3) and (5) must be granted on terms and consistent with the objects of this Act to be determined by the Minister and in subsections conditions stated in the licence. (10) The Minister must make known the terms and conditions contemplated in subsection (8) by notice in the Gazette. Duration of licence - 17 Verify source ↗
Subject to section 16(7), a licence issued in terms of this Act is valid for the period
This section sets how long a licence lasts, allows renewal, and requires payment of application and licence fees.
17. Subject to section 16(7), a licence issued in terms of this Act is valid for the period in any prescribed or for such shorter period as may be determined particular case and stipulated in the licence at the time of issue thereof. by the Regulator . 5 10 15 20 7F 3.5 Renewal of licence 18. (1) A licencee may, during the prescribed period, apply for the renewal of his or 40 her licence. (2) If the requirements of subsection to be valid until such time as a decision has been made regarding renewal. (1) have been complied with, a licence continues the application for its Application and licence fees 19. (1) The prescribed application fee, if any, must accompany an application for a licence in terms of this Act. (2) Every holder of a licence must, at the prescribed licence fee specified licence fee. in the licence or where no such fee is so specified, time, pay to the Department the the prescribed 4.5 50 (3) A licence holder who fails to pay the licence fee contemplated amount, in the prescribed to pay a penalty the due date is liable licence fee. in subsection in addition (2) on to such Prohibition on operating unreserved postal service without registration certificate - 20 Verify source ↗
No person may operate an unreserved postal service contemplated
A person may not operate an unreserved postal service in Schedule 2 unless registered with the Regulator and holding a registration certificate issued by the Regulator.
20. No person may operate an unreserved postal service contemplated in Schedule 2, 55 20 No. 19540 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 unless such person possession of a registration certificate is registered with issued by the Regulator. the Regulator in terms of this Act and is in Application for registration - 21 Verify source ↗
An application
An application to register an unreserved postal service must follow the prescribed form and procedure and include the required fee.
21. An application for registration with the Regulator to operate an unreserved postal service must be in the format and in accordance with the procedure prescribed by the by the of the Regulator Minister on the recommendation registration prescribed and must be accompanied fee. Operators regarded as having been registered 22. (a) Any person who, immediately a postal service section provided including unreserved postal service or an unreserved to paragraph a courier (6). service, must be regarded in respect of items contemplated before the date of commencement of this in Schedule 2, an to provide registered courier service, as the case may be, subject as being (b) A person may not be regarded as being registered (a) if that to the Regulator within 90 days after the date of this section or within such extended period as the Regulator may in terms of paragraph person has failed to apply for registration of commencement allow. 5 10 15 (c) After receipt of an application in terms of paragraph (b) the Regulator must, subject to paragraph (d), register the applicant and issue a registration certificate. (n) A person may not be registered that person undertakes- unless to provide a courier service in terms of this section 20 items contemplated in item l(b) of Schedule 2; (i) (ii) to receive, collect and deliver or to render any service contemplated 16(.5)(d), in respect of items contemplated in subparagraphs (ii) to (v) of section in item I(b) of Schedule 2. 25 Production of licences and registration certificates - 23 Verify source ↗
Every person who is required
People required to hold a licence or registration certificate must show it when asked by police or an authorised Department officer.
23. Every person who is required to possess a licence or a registration certificate must produce such licence or registration certificate for inspection on demand by any member of the South African Police Service or by any officer of the Department duly authorised by the Regulator to make such demand. Suspension or cancellation of licence or registration certificate anything 24. (1) Notwithstanding in this Act, the Regulator may after written notice to the holder of a licence or registration certificate and after due enquiry, suspend or cancel any licence or registration issued under this Act, if certificate the holder has contravened the terms and conditions of the licence or certificate or the provisions of this Act. to the contrary contained (2) The holder of a licence or registration certificate cancellation of his or her licence or registration certificate entitled paid in respect of such licence or registration (3) A person whose licence or registration is not upon the suspension or to a refund of any fees certificate. certificate has been suspended be regarded, in terms of for the purposes of subsection this Act, as not being the holder of such licence or registration the period of suspension, (1) must, during certificate. (4) Any person who is aggrieved by the suspension of his or her licence or registration certificate to any right in terms of subsection to review by the court, the right to appeal to the Minister against such suspension or the suspension or cancellation or direct cancellation the Regulator to restore the licence or registration certificate or cancellation (1) has, in addition and the Minister may either confirm to the person concerned. Production of books and records - 25 Verify source ↗
The Regulator may by notice in writing direct a licensee or a registered unreserved
The Regulator may give written notice directing a licensee or registered unreserved postal service operator to produce specified accounts, records, documents, or information.
25. The Regulator may by notice in writing direct a licensee or a registered unreserved such accounts, in such notice as the Regulator may reasonably postal service operator information compliance with the provisions of this Act. records and other documents or to ensure to produce specified require 30 35 40 45 50 22 No. 19540 GOVERNMENT GAZE-l-l-E, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 Appointment of independent monitor 26. (1) The Director-General must independent monitor service operator, to report to the Regulator on its findings and to make recommendations to the Regulator on measures the quality of postal services to be taken to improve the quality of service. to monitor in consultation with the Regulator appoint an rendered by the postal (2) The independent monitor must by the in consultation with the Minister of Finance and must be paid out of money the remuneration determined receive Minister appropriated by Parliament for that purpose. (3) The Regulator may determine the type of postal services and operators of postal services to be monitored. Appointment of inspectors 27. (I) The Regulator may, in consultation with the Director-General, as an inspector. employee of the Department appoint any (2) An inspector must be provided with a certificate of appointment signed by or on in which it is stated that he or she has been behalf of the Chairperson of the Regulator appointed an inspector in terms of this Act. (3) When an inspector performs any function in terms of this Act, he or she must have in his or her possession and must produce it at the request such certificate of appointment of any person affected by the performance of that function. Powers of inspectors 5 10 15 20 28. (1) An inspector appointed in terms of section 27 may, in order to determine the provisions of this Act or the terms and conditions of any licence are being time and without prior notice, on the authority of a whether complied with, at any reasonable warrant, enter any premises and- (a) inspect documents; and make copies of or extracts from books, records or other 25 (b) demand the production of and inspect the relevant licence or registration (c) certificate; and inspect any facilities on the premises which are relevant (2) A warrant contemplated to the investigation. (1) must be issued by a judge or magistrate in question are situated, and may who has jurisdiction only be issued if it appears from information on oath that there are reasonable grounds for believing that the provisions of this Act or the terms and conditions of any licence are being contravened on those premises. in subsection in the area where the premises (3) No person may- (4 fb) Cc) fail to comply with a demand contemplated hinder or obstruct an inspector terms of this section; falsely hold himself or herself out as an inspector. in the performance in subsection (I)(b); of his or her functions in CHAPTER IV POSTAL COMPANY AND POSTAL SERVICES Subsidy to postal company 29. (I) The Minister may, in consultation with the Minister of Finance, out of money to the postal for the purpose, grant an annual by Parliament subsidy appropriated company in respect of normal expenditure. 30 35 40 45 (2) A request for a subsidy must be submitted by the postal company by a date determined process for inclusion expenditure proposals by the Minister in the annual compilation for appropriation purposes. in order for it to be subjected and exposition to the Minister to the evaluation of the Government’s (3) The payment of subsidies must be for such purposes and period and subject to 50 such conditions Finance. as the Minister may determine in consultation with the Minister of 24 No. 19540 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 Fees and charges for postal services 30. (1) Subject to the approval of the Minister, in consultation with the the fees and in respect of the provision of a postal service by the postal company or the Regulator, any other licensee, may determine postal company or, where applicable, charges payable where tipplicable, by such other licensee. (2) The manner of determining fees and charges in respect of reserved postal services must be prescribed. (3) In exercising to the a power under subsection in respect of different approval of the Minister, determine different services, or services or may determine special fees and charges which may be higher or lower than the normal fees and charges, in specific and may exempt circumstances in different areas or circumstances (1) the Regulator may, subject from any of the prescribed users or prospective users of services fees and charges. fees and charges particular rendered (4) Fees and charges determined Gazerte by the Regulator publication. and may not come into (5) This section does not apply to courier services. Postage in terms of this section must be published in the force until 60 days after such 31. (1) Subject by post. such postage and other sums as may be prescribed, or determined by the postal company. to section 30, there must be paid on every article for transmission (2) Sa\?e as is otherwise prescribed or determined by the postal company, the postage the issued for the Republic by the thereof in money upon every such postal article, at the time of or after delivery and any fees which may be payable Republic must be prepaid by means of postage stamps postal company and not previously used, obliterated or defaced, and in default there is payable thereof. an amount prescribed or so determined. in respect of any postal article posted within Letters to take precedence - 32 Verify source ↗
Whenever
A postal company may detain letters at a post office for later dispatch or delivery if sending them now would likely delay them because other postal articles are being handled at the same time, and this is subject to the regulations.
32. Whenever the dispatch or delivery of letters from a post office is likely to be delayed by the dispatch or delivery at the same time of other classes of postal articles. of the postal company, be the latter or any of them may, subject detained in such post office for subsequent dispatch or delivery. to the regulations When postal articles regarded as being in course of transmission posted or delivered or to have been - 33 Verify source ↗
For the purposes of this Act-
This section treats certain kinds of postal delivery as delivery to the addressee.
33. For the purposes of this Act- to be in the course of transmission to the person to whom it is addressed; to receive postal articles of that description by post to a post office to the time of its being in a pillar box or other for this purpose by or with the approval of the postal to a postman or other person for the post, must be a postal article shall be deemed from the time of its being delivered delivered the placing of a postal article of any description receptacle provided company, or the delivery of a postal article authorised regarded as being delivery the delivery of a postal article at the house or office of the person to whom the article is addressed, or to his or her servant or agent or other person considered to be authorised delivering article, must be regarded as being delivery is addressed; delivery respects equivalent to the usual manner of that person’s postal articles, or at the address specified on such to whom the article into a private box or private bag must be regarded as being the article according to personal delivery to the addressee. to a post office; to the person to receive in all 50 5 10 15 20 25 30 35 40 45 26 No. 19540 GOVERNMENT GAZE-J-l-E. 2 DECEMBER 1998 Act No. 124,199s POSTAL SERVICES ACT, 1998 Articles regarded as having been posted in contravention of Act - 34 Verify source ↗
A postal article received
Postal articles with defective stamps, missing or illegible addresses, refused acceptance, or suspected unlawful posting must be sent to the returned letter office; some may be destroyed, disposed of, or returned to the sender.
34. A postal article received in a post o&ice must be regarded as having been posted in contravention (n) of this Act- stamps if the postage defaced; or if it is posted or contains anything this Act or any other law. (b) thereon have been previously used, obliterated or 5 in fraud of or contrary to the provisions of Postal articles to be sent to returned letter office for disposal 35. (1) Subject (a) which to subsection is without or (2). any postal article- address or bears an illegible address or is otherwise 10 undeliverable; acceptance of which is refused by the person to whom it is addressed; or to have been posted (b) (c) which has been posted or is reasonably suspected in contravention of this Act or any other law, must be sent to the office known as the returned determined by the postal company. letter office and dealt with as may be 15 (2) Any postal article contemplated in subsection (I)(a) or (b)-- (n) is of little value or importance; other than a letter or parcel, and which- (i) does not bear on the outside (ii) (iii) does not contain any money, documents or valuable articles; and (iv) has not been posted by a government department; any postal article contemplated in subsection (l)(c), and thereof the name and address of the sender; to the postal company’s direction, be destroyed or disposed of in some (b) may, according other manner; (3) Any postal article contemplated in subsection thereof the name and address of the sender, may be returned outside delivered to him or her direct. (I)(n) or (b) which bears on the to him or her or Articles subject to customs duty - 36 Verify source ↗
Any postal article containing or suspected of containing
Postal articles that contain or may contain dutiable enclosures must be handled as the postal company determines, subject to customs law. Non-letter articles may be examined.
36. Any postal article containing or suspected of containing an enclosure upon which customs duty is payable must be dealt with as determined by the postal company, subject to any law relating to customs. Articles other than letters may be examined - 37 Verify source ↗
Any postal article, other than a letter, may, without opening, be examined by
Postal articles other than letters may be examined without opening them using detection devices to determine whether they may be transmitted or were posted contrary to the Act.
37. Any postal article, other than a letter, may, without opening, be examined by means of detection devices at the rate of postage pre-paid this Act. in order to ascertain whether that article may be transmitted thereon or whether it has been posted in contravention of Treatment of unclaimed letters in returned letter office to subsection 38. (1) Subject (2), any postal article originally Republic and which is sent to the returned opened by an oficer designated contains any valuable or saleable enclosure or has been posted in contravention Act or any other law or with intent to evade payment of the postage chargeable it must be returned may, if the sender refuses to receive be destroyed or disposed of as determined by the postal company. the letter office in terms of section 35, may be it of this thereon, to the sender thereof if his or her name and address are known, and it or if his or her name and address are not known for that purpose by the postal company and unless posted within (2) Any postal article referred to in subsection ( I ) the name and address of the sender of which are known but which is of little value or importance, which does not contain any documents, has not been transmitted by registered post and has not been posted by for the period determined by a government department, may, after it has been retained the postal company, be destroyed or disposed of in any other manner determined by the postal company. 20 25 30 35 40 45 50 28 No. 19540 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,199s POSTAL SERVICES ACT. 1998 Unclaimed articles of value and articles posted in contravention of Act 39. (I) Every postal article opened under this Act which contains any valuable or saleable enclosure, must be safely kept and a record thereof and of its contents must be made and preserved. (2) The postal company must, unless any such postal anicle or the contents has been posted in contravention payment of the postage chargeable possession the article is addressed or, if he or she cannot be found, that article and stating the contents thereof to evade that it has in its thereof to be sent to the person to whom to the sender thereof. of this Act or any other law or with intent thereon, cause a notice declaring (3) Upon application by the person to whom company must cause such postal article and its contents person upon payment of all charges due thereon. the notice has been sent, the postal to any such to be delivered is made within (4) If no application (2), or if the postal article in question or the contents terms of subsection been posted in contravention of any charge payable liability sold or otherwise disposed of as the postal company may determine. (5) The proceeds of the sale of any postal article or the contents three months after the sending of any notice in thereof have of this Act or any other law or with intent to evade payment the to which the sender may be subject) be destroyed, thereon, such article and its contents must (without affecting to any penalty or punishment as well as any such contents consisting of money or any order or security must be paid into and form part of the postal revenue. thereof as aforesaid, for money, (6) Any such order or security for money must, for the purpose of procuring payment, be regarded as being the property of the postal company. Delay in transmission, addressee of article prohibited in return to sender or delivery to any person other than - 40 Verify source ↗
Save as expressly provided
A postal company must not delay or deliver a postal article except as the Act allows or with the required consent.
40. Save as expressly provided or returned transmission address authority of the postal company. thereof, except with the consent to the sender or be delivered in this Act, no postal article may be delayed in in the in writing of the addressee or on the special to any person not named Articles addressed to insolvent persons w - 41 Verify source ↗
Whenever any person has been declared
A company must deliver postal articles addressed to a declared insolvent person if a competent court orders it.
41. Whenever any person has been declared company must, if that court so orders, and for so long as may be specified cause all postal articles addressed the order. to such person to be delivered insolvent by a competent court the postal in the order, to the person named in Articles addressed to deceased persons - 42 Verify source ↗
Postal articles addressed
Postal articles addressed to deceased persons may be delivered to the estate’s administrator or executor when the required authority is produced; a court may also order detention of postal articles.
42. Postal articles addressed to deceased persons may be delivered administrators administration, of the estates of those deceased persons on production thereon. at the address indicated to the executors or of letters of Detention of post$ articles on order of court - 43 Verify source ↗
On the order of a competent
On a competent court’s order, the postal company may hold, delay, open, return, or dispose of certain postal articles.
43. On the order of a competent postal articles addressed or assumed name) or his or her agent or representative, person, agent or representative without all such postal articles may be opened and returned disposed of in the manner provided court, the postal company may detain or delay all to a person (whether under his or her own or under a fictitious or to any address of any such thereon, and thereof or otherwise the name of any person appearing for in the court order. to the senders Arrangements and agreement to convey postal articles - 44 Verify source ↗
The postal company may make arrangements
The postal company may arrange for a person to convey postal articles by land, air, or sea, and may enter into agreements with persons.
44. The postal company may make arrangements . _ person to convey postal articles either by land, air or sea. _ _ _ . and enter into agreements with any 5 10 I5 20 25 30 35 40 45 30 No. 19540 GOVERNMENT GAZE7-l-E. 2 DECEMBER 1998 Act No. 124,198 POSTAL SERVICES ACT, I998 Compensation person obtains payment of any deposit by fraudulent (n) 45. (1) The postal company may- if any unauthorised means, make good the loss or any portion subject the loss of or damage conveyed by the postal company or by any mail carrier. the postal company has by virtue of subsection to any prescribed requirements (2) Where to any postal article or the contents thereof; (b) and limitations, pay compensation for thereof whether in respect of loss caused by the commission it must, for purposes of section 300 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), be regarded as having suffered, as the result of the commission to it to the extent of the amount so paid. of such offence, loss of property belonging (1) paid any amount of an offence, (3) (a) Any mail carrier must on demand pay to the postal company an amount equal in respect of thereof lost while in the possession of such carrier to any amount paid by the postal company by virtue of subsection any postal article or of the contents or such lesser amount as the postal company may determine. (l)(b) (b) Any amount paid in terms of paragraph (a) is recoverable by action in any competent court. Jurisdiction 46. (1) South African law applies in the case of outgoing postal articles- by ship, until the postal articles touches down in the country of destination or of transit of conveyed by air, until the aircraft conveying on the runway at the first airport the postal articles; conveyed territorial waters of the country of destination articles; the postal articles passes the vehicle conveying conveyed through the first border post along the route to the country of destination of the postal articles. the or of transit of the postal the postal articles enters the ship conveying by road, until (2) South African law applies to incoming postal articles- (cr) conveyed by air, from the moment the aircraft conveying the postal articles touches down on the runway of the first airport of arrival in South Africa; (b) conveyed by ship, from the moment the ship conveying the postal articles 5 10 15 20 25 30 (c) enters South African conveyed by road, from the moment enters South Africa through a border post. territorial waters; the vehicle conveying the postal articles 35 CHAPTER V MONEY TRANSFER SERVICES Remittance of money through postal company
Part
CHAPTER VII
- 59 Verify source ↗
Subject
The Regulator and the Minister may delegate certain functions or powers, but specific decisions and powers cannot be delegated.
59. Subject to the Telecommunications Company may carry electronic mail, addresses. Delegation of functions Act, 1996 (Act No. 103 of 1996), the Postal and provide electronic the Internet, including 60. (1) The Regulator may in writing delegate any of its functions to any person in the service of the Department wlio is designated in terms of this Act in terms of section 7. (2) The Regulator is not divested of any functions delegated in terms of subsection (l), and may amend or rescind any decision made ip terms of such delegation, except where any licensee or any registered unreserved postal service operator will be affected adversely thereby. (3) The Regulator may not delegate- 30 35 40 45 50 38 No. 19540 GOVERNMENT GAZE37-E. 2 DECEMBER 1998 Act No. 124.1998 POSTAL SERVICES ACT, 1998 (a) any decision regarding the issuing, cancellation or suspension of a licence or (b) registration certificate; the power to give advice or any recommendation to the Minister in terms of this Act. (4) The Minister may, subject to such conditions as he may determine, delegate any power conferred on him or her under this Act, other than a power to be exercised by notice in the Guzerre, to the Director-General, the Regulator or any other person in the service of the Department, but is not divested of any Rower so delegated and may rescind or amend any decision made in the exercise of such a Rower except where any licensee or registered unreserved postal service operator will be affected adversely 10 thereby. 5 (5) The Minister may not delegate a Rower conferred on him or her by section 16(3). Regulations - 61 Verify source ↗
The Minister may, upon the advice of the Regulator, make regulations
The Minister may make regulations, but only after advice from the Regulator.
61. The Minister may, upon the advice of the Regulator, make regulations regarding- the carrying out of any international postal agreement or international postal arrangement entered into under this Act or by the Government; any matter which must or may be prescribed in terms of this Act; in general any matter which is necessary or expedient in order to achieve the objects of this Act; and the conveyance of postal articles, the general powers and duties of conveyers, legal possession or ownership of postal articles for purposes of contravention of this Act, mail fraud, theft and matters incidental thereto. CHAPTER VIII OFFENCES 15 20 25 Failure to produce licence or registration certificate
Part
CHAPTER VIII
- 62 Verify source ↗
Any postal service operator who refuses or fails to produce a licence or
A postal service operator must produce a licence or registration certificate for inspection when required under the Act, or face an offence and possible conviction penalties.
62. Any postal service operator who refuses or fails to produce a licence or registration certificate for inspection when required to do so in terms of this Act is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment. 30 Failure to produce books and records - 63 Verify source ↗
Any person who fails to comply with a notice in terms of section 25 is guilty of an
A person who does not comply with a notice under section 25 commits an offence and may be fined, imprisoned for up to two years, or both.
63. Any person who fails to comply with a notice in terms of section 25 is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment. Failure to appear at meeting of Regulator - 64 Verify source ↗
Any person who, without any reasonable excuse, fails to appear at a meeting of the
A person who gets written notice must appear at a Regulator meeting unless they have a reasonable excuse; otherwise they commit an offence.
64. Any person who, without any reasonable excuse, fails to appear at a meeting of the Regulator after receiving written notice to appear at the meeting is guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment. Obstructing officer in performance of functions 35 40 - 65 Verify source ↗
Any person who obstructs an inspector or any officer in the performance of his or
A person must not obstruct an inspector or officer doing their functions, or they commit an offence.
65. Any person who obstructs an inspector or any officer in the performance of his or to a fine in terms of this Act is guilty of an offence and liable on conviction two years or to both a fine and such for a period not exceeding her functions or to imprisonment imprisonment. 40 No. 19540 GOVERNMENT GAZETTE. 2 DECEhlBER 1998 Act No. 124, 1998 POSTAL SERVICES ACT. I998 Forgery of stamps, dies and other articles 66. ( I ) Any person who- imitates through company of money the postal the payment in imitation of or resembling in making or has in his or her custody or possession any plate or material so engraved or made; any thereon any words. letters, figures, having to paper provided, used or made for any of the postal imitating or or imports or assists in making, altering, makes. alters, any postage stamp, date stamp, card, envelope, wrapper. cover or importing any money order, postal order or savings bank warrant or any other warrant or order or for of deposit or any form or paper similar to that used or made acknowledgement for the purposes of the functions of the postal company or by any postal authority, or uses, issues, offers, exposes for sale, sells, deals in, sends by post or disposes of or has in his or her custody or possession any such stamp, date stamp, card, envelope, wrapper, cover, money order, postal order, savings of deposit, bank warrant, or any other warrant or order, acknowledgement form or paper, knowing it to have been made or altered or to be an imitation contrary to this section; engraves or in any matter makes upon any plate or material any stamp or mark any stamp or mark or figure or figure or device or device used or made for the purposes of the functions of the postal company or by any postal authority, or sells, disposes of, purchases, receives, or has in his or her custody or possession makes or assists mould, frame or other instrument lines or devices peculiar marks, postage stamps or for any other purposes of the functions company or by any postal authority; makes or assists in making or has in his or her custody or possession any paper in the substance of which appear any words. letters, figures, marks, lines or devices peculiar to paper provided, used or made for any postage stamps or for any other purposes of the functions of the postal company or by any postal authority, or makes, purchases, sells, disposes of or receives or has in his or her custody or possession any paper provided or made for the purpose of being used for any postage stamps or for any other purposes of the functions of the postal company or by any postal authority before the same has been issued for public use; makes use of any stamp, die, plate or paper engraved or made for the purposes of the functions of the postal company or by any postal authority, or sells, disposes of, purchases, receives or has in his or her custody or possession any such paper or material whatever, bearing an impression or mark of any such stamp, die or plate; or makes on an envelope, wrapper, card, form or paper any mark in imitation of or similar to or purportin g to be any official stamp or mark used for the purposes of the functions of the postal company or by any postal authority or any words, letters, devices or marks which signify or imply or may reasonably that any article bearing such words, be regarded as signifying to be sent through the post, letters, device or marks has been in or is entitled to a fine or to seven years or to both a fine and such found in the possession to the State. (1) to prove on a balance of that the accused had due authority or lawful excuse to act as he or she did. for a period not exceeding and any stamp, die, plate, instrument or material in contravention (2), guilty of an offence and liable on conviction of this section may be seized and forfeited to any charge in terms of subsection or implying is. subject to subsection imprisonment imprisonment of any person (2) It is a defence probabilities .5 10 15 20 25 30 35 40 45 50 Illegal practices in connection with postal articles and premises - 67 Verify source ↗
Any person who-
This section makes it an offence to damage, tamper with, or nuisance post office property, interfere with mail or postal articles, or send dangerous or harmful matter through the post. It also lets the postal company remove, examine, destroy, or render harmless dangerous items, and exempt certain public-health-related noxious matter.
67. Any person who- (a) without due authority places or paints anything whatsoever upon or wilfully injures, disfigures or tampers with any post office or any card, notice or other 42 No. 19540 GOVERNMENT GAZEITE, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 property of or used by or on behalf of the postal company or commits a nuisance on or against any post office or against or upon any such card, notice or property; detains, secretes or keeps any mail or postal article which ought to have been delivered to another person or which has been found by himself or herself or by any other person; or by false pretence or misstatement or to any other person any postal article not addressed of them, to him or her to or intended for either induces any officer to deliver W (4 two years or to both a fine and such imprisonment, without prejudice is guilty of an offence and liable on conviction not exceeding any right convicted under paragraph caused by him or her. (a) for compensation the postal company may have of proceeding to a fine or to imprisonment for a period to against any person for such damage as may have been civilly Damage to post office or mail 5 IO 15 68. (1) Any person who sends in or with any postal article or puts into or against any post office any fire, match or light or any explosive or dangerous, filthy, noxious or deleterious matter or thing or any matter or thing which is likely to injure or damage any post office, person or mail is guilty of an offence and liable on conviction to a fine or to imprisonment imprisonment. for a period not exceeding seven years or to both a fine and such 20 anything to the contrary (2) Notwithstanding law, the postal company may cause any article referred (1) or any other postal article to be removed at any time by a police official or any person designated by a police official or to be handed over for examination a police official may destroy or render harmless or cause to be destroyed or rendered harmless any such article or postal article which he or she considers to be dangerous or may otherwise dispose to in subsection to a police official or such other person and 25 contained thereof. in any (3) The postal company may, subject to special precautions determined by it, exempt from the provisions of this section noxious or deleterious matter sent in the interest of 30 public health. Irregular opening of or tampering with mail - 69 Verify source ↗
Any person who otherwise
A person must not, outside the course of duty, open, tamper with, destroy, remove, hide, or allow the opening or tampering of any mail or postal article.
69. Any person who otherwise than in pursuance of his or her duty opens or tampers with or wilfully destroys, makes away with or secretes any mail or postal article or allows any mail or postal article to be opened or tampered with, destroyed, made away with or secreted to a fine or to seven years or to both a fine and such imprisonment imprisonment. is guilty of an offence and for a period not exceeding liable on conviction Wilfully obstructing or delaying mail - 70 Verify source ↗
Any person who wilfully
A person who wilfully interferes with mail delivery commits an offence and may be fined or imprisoned.
70. Any person who wilfully interferes with the conveyance of any mail or through whose act or neglect the conveyance of any mail is interfered with, is guilty of an offence and liable on conviction for a period not exceeding one month for each hour or part of an hour during which the delivery of the mail is deiayed in consequence of any such interference or to both a fine and such imprisonment. to a fine or to imprisonment Wilful opening or delay of postal article or telegram 71. (1) Any person who wilfully opens any postal article or telegram which he or she to another person or does any act or thing whereby to such other person is prevented, obstructed to a fine or to imprisonment knows ought to have been delivered the due debvery of that article or telegram or delayed, for a period not exceeding two years or to both a fine and such imprisonment. is guilty of an offence and liable on conviction (2) This section does not apply to any person who is the parent or in the position of is a person under sixteen years of if the addressee parent or guardian of the addressee age. 35 40 45 50 5 10 I5 20 25 44 No. 19540 GOVERNMENT GAZE-I% - 2 Verify source ↗
DECEMBER 1998
Section heading for a provision about impersonating an officer under the Postal Services Act, 1998.
2 DECEMBER 1998 Act No. 124, 1998 POSTAL SERVICES AC-I-, 1998 Impersonating officer - 72 Verify source ↗
Any person who impersonates or represents himself or herself to be an officer is
A person who pretends to be an officer commits an offence and is liable on conviction to a fine, imprisonment exceeding two years, or both.
72. Any person who impersonates or represents himself or herself to be an officer is for a period not to a fine or to imprisonment guilty of an offence and liable on conviction exceeding two years or to both a fine and such imprisonment. False declarations - 73 Verify source ↗
Any person who, in appearing before a Regulator or in applying
A person who knowingly makes a false statement to a Regulator or when applying for a licence commits an offence.
73. Any person who, in appearing before a Regulator or in applying for a licence it to be false, is guilty of an offence and liable on two years or to both for a period not exceeding makes a false statement knowing conviction a fine and such imprisonment. to a fine or to imprisonment Offences regarding telegrams - 74 Verify source ↗
Any person who knowingly
A person must not knowingly send, deliver, alter, sign, issue, or deliver a telegram-related message in the prohibited way; doing so is an offence.
74. Any person who knowingly sends, delivers or causes to be sent or delivered to any officer for the purpose of being transmitted as a telegram any message or communication which has been wilfully and without due authority altered or which purports to be signed or sent by any other person without signs any telegram with the name of another person without that person’s consent or with the name of some fictitious person or who wilfully and without the consent of the sender alters any telegram or writes, issues or delivers any message or communication which purports to be a telegram received is guilty of an offence and liable on conviction for a period not exceeding through a telegraph office but which was not so received, two years or to both a fine and such imprisonment. that person’s consent, or who wrongfully to a fine or to imprisonment Divulging contents of telegrams than by delivering to deliver the contents or substance of any telegram or discloses in a court of law, without the consent of the - 75 Verify source ↗
Any person who, not being a witness
A person who is not acting as a witness in the course of duty must not interfere with telegrams or use their contents for personal purposes.
75. Any person who, not being a witness than in pursuance of his or her duties, opens sender or addressee or receiver or otherwise its or tampers with or divulges it or giving a copy thereof to the person to whom existence otherwise or tiilfully he or she is authorised time on , secretes, intercepts, destroys, makes away with, misdelivers, puts the incorrect alters or omits to transmit or deliver or presents or delays the delivery or transmission of any telegram or makes use for his or her own purposes of any knowledge he or she may acquire of the contents or to imprisonment imprisonment. thereof, is guilty of an offence and liable on conviction it or to give such copy or who maliciously two years or to both a fine and such for a period not exceeding to a fine 30 Attempting to commit or procuring commission of offences - 76 Verify source ↗
Any person who attempts
Anyone who tries to commit, helps, encourages, or arranges an offence under the Act commits an offence and gets the same punishment as the offence itself.
76. Any person who attempts to commit any offence in terms of this Act or solicits or authorises or endeavours person to commit an offence in terms of this Act, is guilty of an offence and liable to the same punishment to employ, cause, procure, aid, abet, incite or counsel any other 35 as for the actual commission of the offence. Penalty for offences for which no special penalty provided - 77 Verify source ↗
Any person who contravenes or fails to comply with any provision of this Act for
A person who breaches any part of the Act that has no special penalty commits an offence and may be fined, imprisoned for up to two years, or both.
77. Any person who contravenes or fails to comply with any provision of this Act for which no special or other penalty conviction a fine and such imprisonment. to a fine or to imprisonment is provided, is guilty of an offence and liable on 40 for a period not exceeding two years or to both Evidence in criminal proceedings - 78 Verify source ↗
In any information
In proceedings involving the postal company, certain allegations are enough without proving value or giving full particulars.
78. In any information or complaint as to or any prosecution for any crime or any in respect of the postal company or of any mail, telegram or any 45 offence committed to be used for property, money, money order, postal order or other document authorised the purpose of remitting, the postal company, as the case may be or with respect to any act, deed, matter or thing which has paying or depositing money through or with 46 No. 19540 GOVERNMENT GAZE-II-E, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT. 1998 been done or committed with any malicious, concerning order or other document, to or the postal company, mail, telegram, property. money. money order, postal injurious or fraudulent it is sufficient- intent relating to allege that any such mail, telegram, property, money, money order, postal to or is in the lawful possession of the postal order or other document belongs company and to put in the same as an exhibit and it is not necessary to allege or prove the same to be of any value; to allege that any such act, deed, matter or thing was done or committed with intent to injure or defraud the postal company, without setting forth its or any other name, addition or description whatsoever; and if the offender was an officer, to allege that the offender was an o5cer at the time of committing of the offence without stating the nature or particulars of his or her employment. 5 10 Acceptance of ofEcia1 marks - 79 Verify source ↗
In any proceedings
This section treats unlicensed postal service operation as an offence, lets the court impose penalties, and requires the Regulator to investigate complaints and refer offences to the Attorney-General.
79. In any proceedings respect of a postal article- for the recovery of any sum payable in terms of this Act in 15 (a) (b) thereupon denoting the official stamp or mark evidence of the liability of that postal article to the charge specified the production of such postal article having mark denoting same is addressed fact so denoted. the sum due is prima facie thereon; stamp or that the article has been refused or that the person to whom the is dead or could not be found, is prima facie evidence of the thereon a post o5ce Operating of postal services without licence or registration certificate 80. (I) Any person who operates a postal service except in terms of this Act or in terms issued to that person in terms of this Act is guilty for a period not to a fine or to imprisonment of a licence or registration of an offence and liable on conviction exceeding two years or to both a fine and such imprisonment. certificate (2) The court convicting such person may, in addition to any penalty that it may impose, order- (a) (bl (c) collected. letter received, tendered or delivered; to the State of any device, apparatus or machine a fine not exceeding RlOO in respect of every dispatched, conveyed, confiscation with or by means of which the offence was committed unless in question does not belong the apparatus, device or machine convicted to prevent person so convicted; the cancellation of any licence or registration certificate held under this Act by the person so convicted and prohibit him or her from holding any licence or registration in connection it is proved that to the person so its unlawful use by the and that its owner was unable certificate under this Act for a specific period. and adjudicate- (3) The Regulator must investigate la) any alleged contravention postal service operator of or failure by a licensee or registered unreserved to comply with this Act; (b) any failure by a licensee to comply with the relevant terms and conditions of for provision of postal services as contemplated the licence or any agreement in this Act; any failure by the licensee such customer has, after complaint (c) (4) Where the Regulator after investigation, unreserved postal service operator has been responsible contemplated (3), the Regulator may- in subsection to provide a postal service to any customer where to the licensee, not obtained satisfaction. finds that the licensee or the registered for a failure or contravention (a) direct the licensee or registered unreserved postal service operator to desist (b) from any further failure or contravention; direct the licensee or registered unreserved postal service operator prescribed fine; to pay the 20 25 30 3.5 40 45 50 48 No. 19540 GOVERNMENTGAZE'l'l-E.2 DECEMBER1998 Act No. 124,1998 POSTALSERVICFiSACT.1998 (c) direct the licensee or registered unreserved postal service operator to take such (d) remedial and other steps as may be determined by the Regulator; revoke licensee registered unreserved postal service operator. or the registration licence of the the certificate of the (5) The provisions of section 24(4) apply to any person affected by an order 5 contemplated (6) Where in subsection the Regulator (4) of this section. is satisfied that the failure or contravention constitutes General concerned. an offence, it must refer the record of the investigation in question to the Attomey- CHAPTER IX 10 REPEAL AND AMENDMENT OF LAWS Amendment of section 1 of Act 44 of 1958, as amended by section 1 of Act 56 of 1973, section 1 of Act 13 of 1974, section 1 of Act 113 of 1976, section 1 of Act 37 of 1984, section 1 of Act 85 of 1991 and section 3 of Act 101 of 1992 - 81 Verify source ↗
Section 1 of the Post Office Act, 1958, is hereby amended-
This section amends the Post Office Act, 1958 by deleting many definitions and replacing the definition of “postal service.”
81. Section 1 of the Post Office Act, 1958, is hereby amended- by the deletion of the following definitions:- “mail” “mailbag” “Master” “master of any vessel” “money order” “National Savings Certificate” “port” “postage” “ ‘postage stamp’ or ‘stamp’ ” “postal article” “postal authority” “postal order” “postmaster” “post office” “ ‘Savings Bank’ or ‘Post Office Savings Bank’ ” “sender” “telegram” “vessel” by the substitution “postal service” means quent to the postal Services Act, 1998, entitled including conveying services. - (b) for “postal service” of the following definition: transfer date] the postal company the affairs which [the Director-General or, subse- is, subject to the Postal III, IV and VI, to conduct [in terms of Chapters the [exclusive dispatching, ofJ receiving, privilege and delivering of letters and [of] the performing of all incidental collecting, of section 3 of Act 44 of 1958, as amended by section 2 of Act 56 of Amendment 1973, section 4 of Act 113 of 1976, section 5 of Act 85 of 1991, section 1 of Act 11 of 1997 and section 1 of Act 53 of 1997 - 82 Verify source ↗
Section 3 of the Post Office Act, 1958, is hereby amended-
This section amends the Post Office Act so the postal company must have articles of association with board-managed governance, and it may have fewer than seven members.
82. Section 3 of the Post Office Act, 1958, is hereby amended- (a) by the substitution in subsection (4) for paragraph (c) of the following paragraph: “[cl must have articles of association providing, amongst other things in the that the affairs of the company must be in terms of the articles of case of the postal company, managed by a board of directors appointed association.“; (b) by the substitution and for subsection (5) of the following subsection: of the Companies Act, the postal “(5) Notwithstanding the provisions 15 20 25 30 35 40 45 50 company tions company may have fewer than seven members.“. [shall not have more than one member] and the telecommunica- 55 50 No. 19540 GOVERNMENT GAiXl-l-JZ. 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 Amendment of section 4 of Act 44 of 1958, as amended by section 1 of Act 80 of 1965, section 4 of Act 113 of 1976, section 5 of Act 85 of 1991 and section 12 of Act 129 of 1993 - 83 Verify source ↗
Section 4 of the Post Office Act, 1958, is hereby amended by the substitution
The postal enterprise is to be transferred, and the postal company gets exclusive power to conduct the postal service, subject to other laws.
83. Section 4 of the Post Office Act, 1958, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: 5 “(a) The postal enterprise shall be transferred from which date the postal company shall, subject to the provisions of any other law, have the [exclusive] power to conduct to the postal company, the postal service;“. Amendment of section 5 of Act 44 of 1958. as amended bv section 35 ofAct 94 of 1974, section 4 of Act 113 of 1976, section 5bf Act 85 of 1991 and section 2 of Act 11 of 1997 10 - 84 Verify source ↗
Section 5 of the Post Office Act, 1958, is hereby amended by the deletion of
This section amends section 5 of the Post Office Act, 1958 by deleting subsection (7).
84. Section 5 of the Post Office Act, 1958, is hereby amended by the deletion of subsection (7). Amendment of section 12W of Act 44 of 1958, as inserted by section 10 of Act 101 of 1992 and amended by section 3 of Act 35 of 1995 and section 3 of Act 53 of 1997 15 - 85 Verify source ↗
Section 12W of the Post Office Act, 1958, is hereby amended by the substitution
The postal company may issue certain financial instruments while the State holds the majority of its issued equity shares.
85. Section 12W of the Post Office Act, 1958, is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Subject to the provisions to the contrary contained of subsections in the Companies Act, the postal company (2) and (3) and notwithstanding company may, for as long as the majority of [its] thei%ued anything [may, for so long as all its issued equity shares are held by the State, or] and the telecommunications equity shares are held by the State, issue stock, securities, bills, promissory notes. as proof of stock, obligations or other financial debentures, debenture a loan of money and may negotiate or have them listed in the same manner and on the same financial markets or on the same stock exchange as is customary in the case of similar issued by the State.“. instruments instruments financial Amendment 1965, section 65 of Act 85 of 1991 and section 22 of Act 88 of 1996 of section 115 of Act 44 of 1958, as substituted by section 8 of Act 80 of - 86 Verify source ↗
The following
This section substitutes section 115 of the Post Office Act, 1958 with a provision about non-liability of a postal company and telecommunications company, but the supplied text is incomplete.
86. The following section is hereby substituted for section 115 of the Post Office Act, 1958: “Non-liability of postal company and telecommunications company company, to convey, or telecommunications - 115 Verify source ↗
Save as is otherwise provided
This section largely protects the postal company, officers, mail carriers, and their employees from liability for certain errors, delays, losses, damages, and related payment issues, subject to other law and a proviso in the text.
115. Save as is otherwise provided in this Act or any other law, the postal company as the case may be, or any officer or any person conveying postal articles in pursuance of any contract into or arrangements made in terms of this Act or conveying mail entered which he or she is obliged in terms of this Act [(in this section and in section 115bi.s referred to as a mail carrier)] or any other law or any employee of a mail carrier shall not be liable by reason of any error, default, delay, omission, damage, destruction, non-delivery, sion or loss, whether negligent or otherwise, or telegram or by reason of anything payment of any sum of money under the provisions other law, and bomjde of this Act or any other law shall, to whomsoever made, discharge the postal company or telecommunications as the case may be, and the officer by whom any such payment was made, from all liability whatsoever fraud, in respect of any such payment, loss or delay which may have been committed or have mistake, neglect, in this section occurred or contained telecommunications for damage or loss caused to any person by reason of fraud on the part of an in respect of any postal article lawfully done under this Act, or any as exempting as the case may be, from shall be construed company, therewith: Provided company liability notwithstanding in connection non-transmis- that nothing the postal company, forgery, any 20 25 30 35 40 45 50 - 52 Verify source ↗
No. 19540
This section appears to repeal certain sections of Act 44 of 1958.
52 No. 19540 GOVERNMENT GAZE-I-l-E, 2 DECEMBER 1998 Act No. 124,1998 POSTAL SERVICES ACT, 1998 to his or her official duties or as exempting officer in relation carrier from liability fraud on the part of such carrier or of any employee of such carrier relation any mail for damage or loss caused to any person by reason of in to his or her duties.“. Repeal of certain sections of Act 44 of 1958 5 - 87 Verify source ↗
Sections 6,7, 11, 12, 13, 19,22,24
This section repeals listed sections of the Post Office Act, 1958.
87. Sections 6,7, 11, 12, 13, 19,22,24 77A, 77B, 77C, 77F, 90A, 91 to 98, 101, 104, 113, 115bis and 118 of the Post Office Act, 1958, are hereby repealed. to 3 1,33 to 47,5 1,52,54,65,70,76A, CHAPTER X SAVINGS, SHORT TITLE AND COMMENCEMENT 10 Savings
Part
CHAPTER X
- 88 Verify source ↗
Any convention
Conventions, agreements, and related acts taken under the Act continue in force until repealed.
88. Any convention or agreement entered approval, authority, return, certificate or document granted and any other action regarded as having been entered taken under the corresponding into, taken under any provision issued, made, promulgated, given, granted or 15 provision of this Act and remains in force until repealed. into or in force or any regulation, notice, issued, made, promulgated, given or repealed by this Act, must be Short title and commencement - 89 Verify source ↗
This is the Postal Services Act, 1998, which takes effect .on the date fixed by the
The Act starts on the date set by the President by proclamation.
89. This is the Postal Services Act, 1998, which takes effect .on the date fixed by the President by proclamation in the Guzettd. 54 No. 19540 GOVERNMENT GAZEITE, 2 DECEMBER 1998 Act No. 124,199s POSTAL SERVICES ACT, 1998 SCHEDULE 1 RESERVED POSTAL SERVICES 1. The reserved postal services include- (a) all letters, postcards, printed matter, small parcels and other postal articles to the mass and size limitations of paragraph 3; subject issuing of postage stamps; and the provision of roadside collection this Schedule, of (b) (c) form of written - 2 Verify source ↗
For
This section appears to define what counts as certain communication items, including articles or objects sent to a specific person or address and not conveyed electronically, as well as letters and other documents subject to stated mass and size limits.
2. For communication article or object that is directed to a specific person or persons or specific address and is to be conveyed other than by electronic means and or article includes a parcel, package or wrapper containing conforming and address boxes. letter means a to the mass and size limitations any such communication set out in paragraph 3. or other document, the purposes any include all items described - 3 Verify source ↗
The reserved postal services
This section describes reserved postal services for items up to 1 kilogram and certain dimensions, and says cylinders up to 1 kilogram are treated as letters.
3. The reserved postal services in paragraphs 1 (a) and 2 of a mass up to and including one kilogram as well as dimensions which enable it to fit into a rectangular box with the following dimensions: length 458 mm width 324 mm thickness 100 mm Cylinders having a maximum to one kilogram are regarded as letters. length of 458 mm and 100 mm thickness and a mass of up - 4 Verify source ↗
The following exemptions
This section lists categories of letter mail that are exempt from licensing under the Act.
4. The following exemptions from letter mail apply and are not subject to licensing in terms of this Act: (4 . V4 fc) (4 (e) ul fd for the private affairs of the Delivery by an employee of the sender exclusively sender; unaddressed mail; the exchange or service of legal process, proceedings, pleadings, affidavits or depositions; letters exceeding occasional letters; trade announcements, tisements which are not addressed newspapers letters delivered by an individual not in the business of delivering circulars, printed extracts from newspapers, or adver- the stipulated dimensions or mass; and periodicals. to any person; 5 10 15 20 25 30 56 No. 19540 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 124,199s POSTAL SERVICES ACT, 1998 SCHEDULE 2 UNRESERVED POSTAL SERVICES
Part
SCHEDULE 2
- 1 Verify source ↗
Unreserved postal services
This section defines “unreserved postal services” to include certain mail items, courier services, and other postal services outside the reserved services list.
1. Unreserved postal services include- (4 Cb) (4 all letters, postcards, printed matter, small parcels and other postal articles larger or heavier than the dimensions set out in item 3 of Schedule 1 up to and including thirty kilograms; courier services any other postal service that falls outside the ambit of the reserved services as set out in Schedule 1. following exemptions apply to unreserved postal services and are not subject in respect of items mentioned in paragraph (a); and 5 10 - 2 Verify source ↗
The
This fragmented section appears to list kinds of mail or printed material covered by an exception or exclusion, including unaddressed mail, legal process papers, occasional letters, trade announcements, newspapers, periodicals, and some items delivered by people not in the business of delivering circulars.
2. The to registration (4 in terms of the Act: for the private affairs of the Delivery by an employee of the sender exclusively sender; unaddressed mail; the exchange or service of legal process, proceedings, pleadings, affidavits or 15 depositions; occasional letters; trade announcements, tisements which are not addressed newspapers and periodicals. letters delivered by an individual not in the business of delivering circulars, printed extracts from newspapers, or adver- to any person; 20 W (4 (4 (4 If,
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