South African Post Office SOC Ltd Act 22 of 2011
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 558 Cape Town 19 December 2011 No 34879
THE PRESIDENCY No. 1079 19 December 2011
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 22 of 2011: South African Post Office SOC Ltd Act, 2011.

2 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of2011 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011,2011
GENERAL EXPLANATORY NOTE:
[ Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President) (Assented to 14 December 2011)
ACT To provide for the continued corporate existence of the South African Post Oftice and its subsidiaries; to provide for its governance and staff; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- ARRANGEMENT OF SECTIONS
1. Definitions 2. Objects of Act 5 3. Continued existence of Post Office 4. Duties of Post Office 5. Powers of Post Office 6. Performance agreement of Post Office and subsidiaries 7. Government support to Post Office and loans by Post Office and subsidiaries 10 8. Board of Post Office 9. Functions of Board 10. Disqualification from membership of Board, and disclosure 11. Appointment of non-executive members of Board 12. Resignation, removal from office and vacancies 15 13. Fiduciary duties of Board members 14. Procedures at meetings, and committees of Board 15. Delegation and assignment of functions by Board 16. Appointment of chief executive officer, chief financial officer and chief
operating officer 20 17. Conditions of appointment of chief executive officer, chief financial officer and
chief operating officer 18. Termination of employment of chief executive officer, chief financial officer
and chief operating officer 19. Acting chief executive officer, chief financial officer and chief operating officer 25 20. Delegation by chief executive officer, chief financial officer and chief operating
officer 21. Personnel of Post Office 22. Subsidiaries and accountability 23. Application of Public Finance Management Act 30 24. Investigation of Post Office 25. Intervention by Minister
4 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of 20ll SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 20ll
26. Limitation of liability 27. Application of Companies Act to Post Office 28. Certain provisions of Companies Act may be declared inapplicable to Post
Office 29. Regulations and policy 5 30. Offences and penalties 31. Repeal and amendment of laws 32. Short title and commencement
Definitions
1. In this Act, unless the context indicates otherwise- 10 "Board" means the Board contemplated in section 8; "Companies Act" means the Companies Act, 2008 (Act No. 71 of 2008); "Department" means the Department of Communications; "executive member" means the chief executive officer, the chief financial officer or the chief operating officer of the Board appointed in terms of section 16; 15 "family member", in relation to any person, means his or her parent, sibling, child, including an adopted child or a step-child, or spouse (whether by statutory, customary or religious law), and including a life partner who is a person living with that person as if they were married to each other; "financial statements" means statements consisting of at least a balance sheet, an 20 income statement, a cash-flow statement and other statements that may be prescribed, and includes any notes to these statements; "member" means an executive or non-executive member of the Board; "Minister" means the Minister charged with the administration of the Depart- ment; 25 "Postal Services Act" means the Postal Services Act, 1998 (Act No. 124 of 1998); "Postbank" means the South African Postbank Limited, the public company referred to in the Postbank Act; "Postbank Act" means the South African Postbank Limited Act, 2010 (Act No.9 of2010); 30 "Post Office" means the South African Post Office SOC Ltd established in terms of the Post Office Act; "Post Office Act" means the Post Office Act, 1958 (Act No. 44 of 1958); "Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. I of 1999); 35 "subsidiary" means- ( a) Courier and Freight Group (Pty) Ltd; (b) The Document Exchange (Pty) Ltd; (c) the Postbank; (d) any other company or juristic person which exists when this Act commences, 40
but which is dormant and not deregistered in terms of the Companies Act, and of which the Post Office is the holding company or owner; and
(e) any other subsidiary of the Post Office established under section 22( 1 ).
Objects of Act
~~~~~~~are~ ~ (a) provide for the continued existence of the South African Post Office SOC Ltd; (b) provide for the governance of the Post Office; (c) ensure the provision of universal, accessible, reliable and affordable postal
services; (d) ensure the provision of a wide range of postal services in the interest of the 50
economic growth and the development of the Republic; and (e) encourage the development of human resources and capacity-building within
the postal industry, especially among historically disadvantaged groups.
6 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 20ll
Act No. 22 of20JI SOUTH AFRICAN POST OFFICE SOC LTD ACT, 20ll, 2011
Continued existence of Post Omce
3. (1) The South African Post Office SOC Ltd, the postal company contemplated in section 3 of the Post Office Act, continues to exist as a public company, notwithstanding the repeal by this Act of provisions in the Post Office Act relating to the postal company.
(2) The repeal referred to in subsection (l) does not affect- 5 (a) the shareholding of the State in the Post Office; (b) any rights, assets, liabilities or obligations acquired or incurred by the Post
Office before the commencement of this Act; (c) the continued existence of the Board of the Post Office that managed the
affairs of the Post Office immediately prior to the commencement of this Act; 10 (d) the terms and conditions of service and accrued benefits of Post Office
employees; (e) the validity of any act lawfully performed by or on behalf of the Post Office
prior to the repeal referred to in subsection (1); or (f) the continued existence of any subsidiary of the Post Office. 15
(3) The powers and duties of the State as a member and shareholder of the Post Office must be exercised and performed by the Minister.
(4) (a) Notwithstanding the Companies Act, the Minister exercises the power to add to or alter the memorandum of incorporation of the Post Office.
(b) Any such addition or alteration- 20 (i) may not be in conflict with this Act; and
(ii) must be aimed at giving effect to the main object of the Post Office, namely to provide a postal service;
(iii) must take into account the- ( aa) developmental role of the Post Office; and 25 (bb) promotion of universal access to, and the provision of, an affordable
postal service, taking into account the cost of postal services, financial sustainability and the competitiveness of the Post Office.
(5) The memorandum of incorporation of the Post Office must inter alia provide that the Post Office- 30
(a) shall have as its main object and main business to conduct the postal services; (b) shall not have the power to perform the following acts without the approval of
the Minister granted after consultation with the Minister of Finance: (i) The alienation or encumbrance by the Post Office, otherwise than in the
normal course of its business, of assets of the Post Office with a market 35 value of more than 1 0 per cent of the market value of all the assets of the Post Office;
(ii) the cessation or alteration of the main object or main business of the Post Office;
(iii) the alienation of shares held by the Post Office in any subsidiary thereof 40 so that the Post Office retains 50 per cent or less of the voting shares of the subsidiary;
(iv) the merger of the Post Office with another company or the entering into of a partnership or joint venture by the Post Office; and
(c) shall not issue any shares except as approved by the Minister after 45 consultation with the Minister of Finance.
Duties of Post omce
4. (1) Subject to the Postal Services Act and the licence issued to the Post Office in terms of the said Act, the Post Office must take reasonable measures, within its available resources, to achieve the progressive realisation of the following duties: 50
(a) Ensure the universal and affordable provision of postal services; (b) ensure the provision of a wide range of affordable postal services in the
interest of the economic growth and development of the Republic; (c) be innovative in the provision of postal services; (d) develop postal services that are responsive to the needs of users and 55
consumers; (e) ensure the achievement of universal access to postal services by providing an
acceptable level of effective, reliable and regular postal services to all areas, including rural areas and small towns where post offices are not sustainable;
8 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of2011 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 20ll
(/) ensure greater equity in respect of the distribution of services, particularly within the areas of the historically disadvantaged communities, including rural areas;
(g) ensure that the needs of disabled persons are taken into account in the provision of postal services; 5
(h) ensure the development of human resources and capacity-building within the postal industry, especially amongst historically disadvantaged groups;
(i) act in the best interest of postal users and other clients; (j) maintain an effective and efficient system of collecting, sorting and delivering
mail nationwide in a manner responsive to the needs of all categories of mail 10 users;
(k) actively provide and develop a citizens' post office that contributes to community and rural development and education, thereby serving as an interface between government and the community; and
(l) ensure compliance with international commitments relevant to the postal 1 5 industry.
(2) (a) The Post Office and any subsidiary must comply with policy made by the Minister in terms of section 29(2).
(b) Any decision taken by the Board of the Post Office or by the Board of a subsidiary which is in conflict with a policy contemplated in paragraph (a) is of no force and effect. 20
Powers of Post Oftice
5. Without derogating from its powers as a company in terms of the Companies Act, but subject to any applicable provisions of the Public Finance Management Act and this Act, the Post Office may-
( a) purchase or otherwise acquire immovable property and encumber or dispose 25 of such property;
(b) purchase, erect, or cause to be erected, any buildings, installations or plants; (c) utilise buildings or facilities for the benefit of the Post Office; (d) purchase, hire or otherwise acquire or hold movable property, and let, pledge,
encumber or dispose of such property of which it is the owner; 30 (e) hire services or let its own services or make them otherwise available; (/) sell or in any other manner make available to any person for use any patent,
licence, concession or right of manufacture or any other right conferring the power to use any information, expertise, process or technology which has been developed by the Post Office and which is the property of the Post Office 35 or which has been acquired by the Post Office from a third party;
(g) acquire patents, licences, concessions, rights of manufacture or other similar rights conferring the power to use any technology, process, expertise or information and use, exercise, develop or grant licences in respect of such rights, concessions, technology, processes, expertise or information, or 40 otherwise exploit it beneficially;
(h) establish subsidiaries under section 22.
Performance agreement of Post Oftice and subsidiaries
6. ( 1) The Post Office must annually by a date determined by the Minister conclude a performance agreement with the Minister in terms of which the performance of the 45 functions of the Post Office will be measured for the following year.
(2) (a) The Post Office must, after concluding the agreement contemplated in subsection (1), conclude a performance agreement with its subsidiaries in terms of which the performance of the subsidiaries will be measured for the following year.
(b) The Post Office must provide the Minister with copies of such performance 50 agreements.
(3) Subsidiaries must on a quarterly basis submit performance reports to the Post Office.
(4) The Post Office must on a quarterly basis submit a performance report to the Minister, which must include the performance reports contemplated in subsection (3). 55
10 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of20ll SOUTH AFRICAN POST OFFICE SOC LfD ACT, 2011, 2011
Government support to Post Office and loans by Post Office and subsidiaries
7. ( l) Parliament may fund the normal expenditure of the Post Office out of money appropriated for the purpose.
(2) A request for financial support must be prepared by the Post Office by a date determined by the Minister in order for it to be subjected to the evaluation process for 5 inclusion in the annual compilation and exposition of the government's expenditure proposal for appropriation purposes.
(3) The payment of financial support is subject to the appropriation made by Parliament and must be for such purposes and periods and subject to such conditions as the Minister may determine, after consultation with the Minister of Finance. 10
(4) (a) The Post Office and its subsidiaries may not borrow money without the prior written approval of the Minister, granted after consultation with the Minister of Finance.
(b) Any decision to borrow money taken without such approval is of no force and effect.
Board of Post Office 15
8. ( 1) The Board of the Post Office is responsible for managing the affairs of the Post Office.
(2) The Board consists of- ( a) not more than 11 non-executive members appointed in terms of section 11,
one of whom must be the managing director of the Postbank by virtue of his 20 or her office; and
(b) three executive members appointed in terms of section 16. (3) The Chairperson and Deputy Chairperson must be appointed by the Minister from
the non-executive members of the Board. (4) The Board may designate any other non-executive member to act as chairperson 25
if both the Chairperson and Deputy Chairperson are absent or unable to perform their functions.
(5) The Board must upon invitation by the Minister nominate non-executive members of the Board for appointment to the Board of the Postbank, as contemplated in section I4(1)(b) of the Postbank Act. 30
(6) The non-executive members of the Board appointed to the Board of the Postbank are accountable to the Board of the Post Office in respect of their functions performed as Board members of the Postbank.
Functions of Board
9. The Board- 35 (a) must give effect to the corporate plan of the Post Office contemplated in
section 52 of the Public Finance Management Act in order to achieve the objectives of the Post Office;
(b) is the accounting authority of the Post Office; (c) takes decisions on behalf of the Post Office and gives effect to those decisions; 40 (d) provides guidance and gives instructions to the chief executive officer
concerning the exercise of the functions of the Post Office; (e) must notify the Minister immediately of any matter that may prevent or
materially affect the achievement of the objects or financial targets of the Post Office; and 45
(f) generally, must refer to the Minister any matter that may adversely affect the functioning of the Post Office.
Disqualification from membership of Board, and disclosure
10. (I) A person may not be appointed as a Board member or remain a member of the Board if he or she- 50
(a) is a member of Parliament, any provincial legislature or any municipal council;
(b) is an unrehabilitated insolvent; (c) lias been declared by a court to be mentally ill or disordered; (d) has at any time been convicted, whether in the Republic or elsewhere, of- 55
12 No. 34879 GOVERNMENT GAZEITE, 19 DECEMBER 2011
Act No. 22 of2011 SOUTil AFRICAN POST OFFICE SOC LTD ACT, 20ll, 20ll
(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any other offence involving dishonesty; or
(ii) an offence under this Act; (e) has been sentenced, after the commencement of the Constitution of the 5
Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not Jess than one year without the option of a fine;
(f) has at any time been removed from an office of trust on account of misconduct;
(g) has any direct or indirect interest in conflict with the business of the Post 10 Office; or
(h) is not a South African citizen. (2) A person who is subject to a disqualification contemplated in subsection (l)(a), (b)
or (g) may be nominated for appointment as a Board member, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification. 15
(3) (a) A person nominated for appointment as a member of the Board must, before appointment and upon a request from the Minister, submit to the Minister a written statement containing-
(i) a full disclosure of all his or her financial interests; and (ii) a declaration that he or she has no direct or indirect interests that are in conflict 20
with the business of the Post Office as contemplated in subsection (l)(g) or section 13.
(b) If, after appointment, a member of the Board acquires any- (i) further financial interest contemplated in paragraph ( a)(i), the member must
immediately in writing disclose that fact to the Minister and the Board; or 25 (ii) direct or indirect interest contemplated in subsection (1 )(g) or section 13, the
member must immediately declare that fact to the Minister and the Board. (4) (a) Any member of the Board of the Post Office referred to in section 3(2)( c) must
as soon as possible after the commencement of this Act, but not later than three months thereafter, submit to the Minister and the Board a written statement containing the 30 disclosure and declaration referred to in subsection (3)( a).
(b) If a member of the Board of the Post Office, referred to in paragraph (a), has any direct or indirect interest in conflict with the business of the Post Office as contemplated in subsection (l)(g) or section 13, when this Act commences, the member must as soon as possible after making the statement contemplated in paragraph (a), but not later than 35 six months after the commencement of this Act, divest himself or herself of that interest.
(c) Subsection (3)(b) also applies to a Board member referred to in paragraph (a).
Appointment of non-executive members of Board
11. (1) For the purposes of appointing the non-executive members of the Board, the Minister must- 40
(a) by notice in at least two newspapers and in the Gazette invite interested persons; and
(b) in writing invite trade unions recognised by the Post Office, to submit, within the period and in the manner mentioned in the notice, the names of persons fit to be appointed as members of the Board, with due regard to section 8(5). 45
(2) The Minister may appoint a nomination committee to make recommendations to the Minister for the appointment of the non-executive members of the Board contemplated in subsection (l)(a).
(3) If a nomination committee is established, the Minister must- (a) ensure that the committee is broadly representative of the various racial 50
groups and geographic areas of the Republic and that both males and females are represented; and
(b) ensure that the committee members have the necessary skills, knowledge, qualifications and experience to serve on the committee.
(4) The Minister and, if applicable, the nomination committee in making a 55 recommendation to the Minister, must consider-
(a) the proven ski1ls, knowledge, qualifications and experience of a candidate in areas of- (i) financial management;
14 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of20U SOUTH AFRlCAN POST OFFICE SOC I.;ID ACT, 2011, 2011
(ii) project management; (iii) governance compliance; (iv) risk management; (v) transformation and diversity equity;
(vi) banking business; 5 (vii) postal services and postal service management; or
(viii) any other field of expertise relevant to the Post Office; (b) the need for representation of historically disadvantaged persons; (c) the requirement that some members of the Board must be fit and proper
persons to hold the office of a member of the Board of a banking institution, 10 as contemplated in the Banks Act, 1990 (Act No. 94 of 1990), for purposes of section 8(5); and
(d) whether a candidate has any direct or indirect interest in conflict with the business of the Post Office as contemplated in section 10(1 )(g).
(5) The Minister must ensure that the non-executive members of the Board represent 15 a sufficient spread of skills, knowledge, qualifications and experience to enable the Post Office to function efficiently and effectively.
(6) (a) Nominations of suitable persons as contemplated in subsection (4) must include at least one and a half times the number of Board members to be appointed.
(b) If a suitable person or the required number of suitable persons are not nominated 20 as contemplated in subsection (l)(b) and (4), the Minister may call for further nominations in the manner set out in subsection (1).
(7) (a) The Minister must appoint- (i) two non-executive members of the Board from suitable persons nominated by
trade unions contemplated in subsection (l)(b); and 25 (ii) the other non-executive members of the Board from suitable persons as
contemplated in subsection (4). (b) The Minister must, within 30 days after appointing the members, by notice in the
Gazette publish the names of the members so appointed and the date of commencement of their terms of office. 30
(8) (a) Any vacancy occurring in the Board in terms of section 12, must be filled in the manner provided for in this section.
(b) Any member appointed under this subsection holds office for the rest of the period ofthe predecessor's term of office, unless the Minister directs that such member holds office for a longer period, which may not exceed one subsequent term of up to three 35 years.
(9) A non-executive member of the Board- ( a) holds office for a period not exceeding three years; (b) may be reappointed, but may not serve for more than two terms consecutively,
unless otherwise determined by the Minister; 40 (c) is appointed according to the terms and conditions determined by the
Minister; (d) must be paid from the revenue of the Post Office such remuneration and
allowances as may be determined by the Minister, taking into consideration prescriptions and guidelines issued by the Minister for the Public Service and 45 Administration and the National Treasury;
(e) is appointed on a part-time basis.
Resignation, removal from office and vacancies
12. ( 1) A non-executive member of the Board may resign by giving to the Minister- (a) one month's written notice; or 50 (b) less than one month's written notice, with the approval of the Minister.
(2) The Minister may, after having afforded the member of the Board concerned a reasonable opportunity to be heard, remove the member from office if that member-
( a) acted in conflict with this Act or the memorandum of incorpomtion of the Post Office; 55
(b) refuses or fails to make a disclosure or declaration contemplated in section 10(3)(b);
(c) after having been appointed, acquires any direct or indirect interest contemplated in section 10(3)(b)(ii). read with section JO(l)(g);
16 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 20 ll Act No. 22 o£2011 SOUTH AFRICAN POST OFFICE SOC I.:rD ACT, 20ll, 20ll
(d) is a member of the Board of the Post Office referred to in section 3(2)( c) and- (i) refuses or fails to submit to the Minister and the Board the written
statement contemplated in section 10(4)(a); or (ii) refuses or fails to divest himself or herself of the interest contemplated in
section l0(4)(b); 5 (e) neglected to properly perform the functions of his or her office; (f) is a member of the Board appointed to the Board of the Postbank, and the
Registrar of Banks has informed the Minister in accordance with the Banks Act, 1990 (Act No. 94 of 1990), that the member is no longer a fit and proper person to hold that appointment; or 10
(g) is absent from three consecutive Board meetings without prior leave of the Chairperson.
(3) Any member of the Board must vacate the office if he or she becomes disqualified from membership of the Board in terms of section lO.
Fiduciary duties of Board members 15
13. In addition to any other applicable legislation, the following shall apply to members of the Board:
(a) A member of the Board may not be present, or take part in, the discussion of or the taking of a decision on any matter before the Board in which that member or his or her family member, business partner or associate has a direct 20 or indirect interest
(b) A member of the Board or his or her family member, business partner or associate, or an organisation or enterprise in which a member of the Board or his or her family member, business partner or associate has a direct or indirect interest, may not- 25 (i) offer goods or services to the Post Office or conclude any business with
the Post Office; or (ii) make improper use, in any manner whatsoever, of the position of a Board
member or of any information acquired by a Board member by virtue of his or her position as a Board member. 30
(c) A member of the Board must perform his or her functions at all times with the utmost good faith, honesty and integrity, care and diligence and, in furtherance of his or her functions, without limiting their scope, must- (i) take reasonable steps to inform himself or herself about the Post Office,
its business and activities and the circumstances in which it operates; 35 (ii) take reasonable steps, through the processes of the Board, to obtain
sufficient information and advice about all matters to be decided by the Board to enable him or her to make conscientious and informed decisions;
(iii) regularly attend Board meetings; 40 (iv) exercise an active and independent discretion with respect to all matters
to he decided by the Board; (v) exercise due diligence in the performance of his or her functions as a
member; (vi) comply with any internal code of conduct that the Post Office may 45
establish for Board members; (vii) not engage in any activity that may undermine the integrity of the Post
Office; (viii) not make improper use of his or her position as a member or of
information acquired by virtue of his or her position as a member; 50 (ix) treat any confidential matters relating to the Post Office, obtained in his
or her capacity as a Board member, as strictly confidential and not divulge them to anyone without the authority of the Post Office or as required as part of that person's official functions as a member of the Board. 55
Procedures at meetings, and committees of Board
14. (1) (a) The Board determines its procedures at meetings.
18 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of20l1 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 20ll, 2011
(b) Seventy per cent of serving members constitutes a quorum at any meeting of the Board.
(c) A decision taken by the Board or an act performed under that decision is not invalid merely by reason of-
(i) any irregularity in the appointment of a member; 5 (ii) a vacancy in the Board; or
(iii) the fact that any person not entitled to sit as a member sat as such at the time when the decision was taken,
provided such decision was taken by a majority of the members present at the time and entitled so to sit, and those members at the time constituted a quorum. 10
(2) (a) The Board may appoint one or more committees with the concurrence of the Minister, but must appoint the following committees:
(i) Remuneration and Performance Committee; (ii) Human Resources and Transformation Committee; and
(iii) Audit Committee. 15 (b) Committees that exist when this Act takes effect, continue to exist for a period of
six months after the commencement. (3) The Board must-
( a) assign members of the Board to serve on a committee, based on their knowledge and skiJls; 20
(b) determine the- (i) terms of reference of a committee;
(ii) composition of a committee; (iii) tenure of members of a committee; (iv) reporting mechanisms of a committee; and 25 (v) method and reasons for removal of a member from a committee.
(4) Non-executive members of the Board must make up the majority of the members of a committee.
(5) The Board may appoint any person with particular knowledge, expertise or qualifications to assist a committee in the performance of its functions. 30
(6) Unless specially delegated by the Board, a committee has no decision-making powers, and can only make recommendations to the Board.
(7) A committee must meet as often as is necessary in order to carry out its functions and may determine its own procedures.
(8) Each committee must be chaired by a non-executive member of the Board. 35
Delegation and assignment of functions by Board
15. {1) The Board may, by resolution passed by 75 per cent of its members- ( a) delegate any of its powers and assign any of its duties to any member of the
Board or any committee established in terms of section 14, the chief executive officer, the chief financial officer, the chief operating officer or any employee 40 of the Post Office; and
(b) amend or revoke such delegation or assignment. (2) Notwithstanding a delegation or assignment contemplated in subsection (l ), the
Board is not divested of any power or duty so delegated or assigned. (3) (a) Any delegation or assignment contemplated in subsection (1)- 45
(i) may be made subject to such conditions as the Board may determine; and (ii) must be communicated to the delegatee or assignee in writing.
(b) The written communication contemplated in paragraph (a)(ii) must contain full particulars of the matters being delegated or assigned and of the conditions subject to which the power may be exercised or the duty must he performed. 50
(4) The Board may not delegate- ( a) the power to appoint the chief executive officer, chief financial officer or chief
operating officer; and (b) its role in deciding on-
(i) the appointment of the chief executive officer, chief financial officer or 55 chief operating officer;
(ii) the mandate and strategic plan of the Post Office.
20 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of20U SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 2011
Appointment of chief executive omcer, chief financial omcer and chief operating omcer
16. (1) 1be Board must, with the approval of the Minister, appoint a chief executive officer, chief financial officer and chief operating officer to ensure that the Post Otlice meets its objects. 5
(2) The Board must invite applications for the posts of chief executive officer, chief financial officer and chief operating otlicer by publishing advertisements in the media.
(3) A person appointed as chief executive officer, chief financial officer or chief operating officer must-
( a) have the qualifications or experience relevant to the functions of the Post 10 Office; and
(b) not be disqualified as contemplated in section 10.
Conditions of appointment of chief executive omcer, chief fiuancial omcer and chief operating omcer
17. (I) The appointment of the chief executive officer, chief financial officer and chief 15 operating officer is subject to the conclusion of an annual performance agreement with the Post Otlice.
(2) The chief executive officer, chief financial officer and chief operating officer are appointed for a term not exceeding five years and may, subject to the approval of the Minister, be reappointed for one additional term not exceeding five years. 20
(3) The chief executive officer, chief financial officer and chief operating otlicer hold office on terms and conditions determined by the Board, with the concurrence of the Minister.
(4) The chief executive officer, chief financial otlicer and chief operating officer are members of the Board by virtue of their office. 25
(5) The chief executive officer, chief financial officer and chief operating otlicer are entitled to a remuneration package determined by the Board with the concurrence of the Minister, the Minister acting after consultation with the Minister of Finance.
(6) The chief executive officer, chief financial officer and chief operating officer are accountable to the Board. 30
Termination of employment of chief executive omcer, chief financial omcer and chief operating omcer
18. (1) The Board must, with the approval of the Minister and subject to compliance with the Labour Relations Act, 1995 (Act No. 66 of 1995), terminate the employment of the chief executive officer, chief financial officer and chief operating officer- 35
(a) for misconduct, which includes any act or failure to act contemplated in section 12(2); or
(b) for failing to perform the duties connected with that otlice diligently. (2) The Board may suspend the services of the chief executive officer, chief financial
officer or chief operating officer pending the finding of any misconduct proceedings 40 against him or her, during which period the chief executive officer, chief financial officer or chief operating otlicer is also suspended as an executive member of the Board.
(3) The chief executive otlicer, chief financial officer or chief operating officer must vacate the office if he or she becomes disqualified from membership of the Board in terms of section 10. 45
(4) The chief executive officer, chief financial officer and chief operating officer may resign by written notice of at least 30 days to the Chairperson of the Board.
Acting chief execntive omcer, chief financial omcer and chief operating omcer
19. (l)The Board may in writing appoint any senior employee of the Post Office to act as chief executive officer, chief financial officer or chief operating officer when the 50 holder of that office-
( a) is temporarily unable to perform the duties connected with that office;
22 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Ad No. 22 of2011 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 2011
(b) has been suspended from office; or (c) has vacated or has been removed from that office and a new chief executive
officer, chief financial officer or chief operating officer, as the case may be, has not yet been appointed.
(2) An acting chief executive officer, acting chief financial officer or acting chief 5 operating officer may exercise all the powers and must perform all the duties of the chief executive officer, chief financial officer or chief operating officer, as the case may be.
Delegation by chief executive officer, chief financial officer and chief operating officer
20. (1) The chief executive officer, chief financial officer and chief operating officer 10 may delegate to an employee of the Post Office any of his or her powers and assign any of his or her duties.
(2) Any delegation or assignment contemplated in subsection (l)- (a) may be made subject to such conditions as the Board may determine; (b) must be communicated to the delegatee or assignee in writing; 15 (c) may be amended or withdrawn in writing by the chief executive officer, chief
financial officer or chief operating officer, as the case may be; and (d) does not prohibit the holder of the office that made the delegation or
assignment from exercising that power or performing that duty. (3) Notwithstanding a delegation or assignment contemplated in subsection (I), the 20
chief executive officer, chief financial officer or chief operating officer, as the case may be, is not divested of any power or duty so delegated or assigned.
Personnel of Post Office
21. (I) (a) The Board must determine the structure or organogram of the Post Office and the conditions of service, remuneration and service benefits of the personnel of the 25 Post Office after consultation with the chief executive officer and with the concurrence of the Minister, the Minister acting after consultation with the Minister of Finance.
(b) The conditions of service contemplated in paragraph (a) must include- (i) in respect of all members of staff, obligations comparable with sections
10(I)(g) and 10(3); and 30 (ii) in respect of members of staff in employment at the date of commencement of
this Act, obligations comparable with section 10(4). (2) The work relating to the functions of the Post Office is performed by such persons
as the chief executive officer may appoint. (3) The chief executive officer must determine and supply each employee with a copy 35
of the code of conduct, applicable to all members of staff of the Post Office and justiciable for purposes of disciplinary proceedings, to ensure-
(a) compliance with applicable laws; (b) the effective, efficient and economical use of the Post Office's resources; and (c) the promotion and maintenance of a high standard of professional ethics. 40
(4) Personnel may be transferred or seconded to the Post Office from the public service subject to the provisions of the Public Service Act, 1994 (Proclamation No. 103 of I994).
(5) Every employee required by the Post Office to do so must, before performing the functions of his or her post, take an oath or make an affirmation before a justice of the 45 peace in the form set out in Schedule 1.
Subsidiaries and accountability
22. (I) The Post Office may establish subsidiary companies. (2) Sections 10, I3, 21(I), (2) and (3), 23, 24, 25, 27,28 and 30 apply with the changes
required by the context to any subsidiary of the Post Office. 50
24 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of201l SOUTH AFRICAN POST OFFICE SOC LTD ACT, 20Jl, 20ll
(3) (a) The Post Office must, before it establishes a subsidiary or revives a dormant subsidiary, submit a feasibility study and business plan of the proposed subsidiary to the Minister for consideration.
(b) The Minister may, subject to section 51(1)(g) of the Public Finance Management Act, after consideration of the feasibility study and business plan and after consultation 5 with the Minister of Finance, approve the establishment of the subsidiary or revival of the dormant subsidiary, as the case may be.
(c) The Minister must, before the approval contemplated in paragraph (b), table the feasibility study and business plan in the National Assembly for consideration.
(4) The Board of any subsidiary is accountable to the Post Office in respect of the 10 performance of its functions.
Application of Public Finance Management Act
23. (1) The Post Office is subject to the Public Finance Management Act. (2) The Board must ensure that the provisions ofthe Public Finance Management Act,
in particular sections 52 (submission of annual budget and corporate plan) and 55 15 (annual reporting on financial affairs), are duly complied with.
(3) (a) The Minister must table in Parliament the annual report and financial statements of the Post Office and its subsidiaries, contemplated in section 55 of the Public Finance Management Act-
(i) within 14 days after receiving the report, if Parliament is in session; or 20 (ii) if Parliament is not in session, within 14 days after the commencement of the
next Parliamentary session. (b) The annual report and financial statements must clearly differentiate between the
annual report and financial statements of the Post Office and those of its subsidiaries. (4) The Board must submit such other accounts, reports and statements as the Minister 25
or the Minister of Finance, or both, may require.
Investigation of Post Office
24. (1) The Minister may appoint a person to investigate the affairs or financial position of the Post Office and compliance by the Post Office with this Act and may recover from the Post Office the fees and disbursements incurred by that person during 30 the investigation.
(2) The Post Office or an employee of the Post Office must, for the purposes of subsection (I), provide the Minister or a person authorised by the Minister with such data, information, books, accounts, document'> and assets of the Post Office as the Minister or the authorised person may require. 35
Intervention by Minister
25. (1) The Minister may direct the Post Office to take any action specified by the Minister if the Post Office-
( a) is in financial difficulty or is being mismanaged; (b) fails to perform its functions effectively or efficiently; 40 (c) has acted unfairly or in a discriminatory or inequitable way towards a person
to whom it owes a duty under this Act or the Postal Services Act; or (d) has failed to comply with any law or any policy envisaged in this Act.
(2) A directive contemplated in subsection (1) must state- ( a) the reason for issuing the directive; 45 (b) the steps which must be taken to remedy the situation; and (c) a reasonable period within which the steps contemplated in paragraph (b)
must be taken. (3) If the Post Office fails to comply with the directive contemplated in subsection (1)
within the stated period, the Minister may- 50 (a) after having given the Post Office a reasonable opportunity to be heard; and
26 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of lOll SOUTH AFRICAN POST OFFICE SOC LTDACT,20Jl, 2011
(b) after having afforded the Post Office a hearing on any submissions received, replace the members of the Board in the same manner as the departing members have been appointed or, where circumstances so require, appoint a person as an administrator to take over the relevant function of the Post Office.
(4) If the Minister appoints an administrator in terms of subsection (3)- 5 (a) the administrator may do anything which the Post Office might otherwise be
empowered or required to do by or under this Act, to the exclusion of the Post Office;
(b) the Board may not, while the administrator is responsible for the relevant function, exercise any of its powers or perform any of its duties relating to that 10 function;
(c) an employee or a contractor of the Post Office must comply with a directive given by the administrator.
(5) The Minister must- ( a) review the performance of the Post Office regularly whilst it is under 1 5
administration; and (b) within six months of appointing the administrator, table a report on his or her
findings in the National Assembly. (6) Once the Minister is satisfied that the Post Office is able to perform its functions
effectively, the Minister must terminate the appointment of the administrator. 20 (7) (a) Notwithstanding subsection (3), the Minister may dissolve the Board if the
Minister, on good cause shown, loses confidence in the ability of the Board to perform its functions effectively and efficiently.
(b) The Minister may dissolve the Board only- (i) after having given the Board a reasonable opportunity to be heard; and 25
(ii) after having afforded the Board a hearing on any submissions received. (c) If the Minister dissolves the Board, the Minister-
(i) may appoint an administrator to take over the functions of the Board and to do anything which the Board might otherwise be empowered or required to do by or under this Act, subject to such conditions as the Minister may determine; 30 and
(ii) must, as soon as it is feasible but not later than three months after the dissolution of the Board, replace the members of the Board in the same way as the way in which they were appointed.
(8) (a) The costs associated with the appointment of an administrator shall be for the 35 account of the Post Office.
(b) The appointment of the administrator terminates when the Board members have been replaced in terms of subsection (7)( c)(ii).
(9) Notwithstanding this section, the Minister retains the right at any time to approach a competent court for relief in any matter he or she considers appropriate in furtherance 40 of this Act.
Limitation of liability
26. Neither the Post Office nor any employee of the Post Office is liable for any damage or loss caused by-
( a) the exercise of a power or the performance of a duty under this Act or the 45 Postal Services Act; or
(b) the failure to exercise a power or perform a duty under this Act or the Postal Services Act,
unless the exercise of or failure to exercise the power, or performance of or failure to perform the duty, was unlawful, grossly negligent or in bad faith. 50
Application of Companies Act to Post Office
27. (1) The provisions of the Companies Act apply to the Post Office, subject to subsection (2).
(2) Notwithstanding sections 5(4) and 9 of the Companies Act, a provision of the Companies Act does not apply to the Post Office in circumstances where- 55
28 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of201l SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011,2011
(a) because of any special or contrary arrangement made by this Act, such a provision is clearly inappropriate or inapplicable; or
(b) the Minister of Trade and Industry has issued a declaration under section 28 with regard to the provision.
Certain provisions of Companies Act may be declared inapplicable to Post Otlice 5
28. (I) (a) Notwithstanding section 9 of the Companies Act, the Minister may request the Minister of Trade and Industry to dec1are any provision of the Companies Act to be inapplicable to the Post Office.
(b) The request must be fully motivated by the Post Office. (2) (a) The Companies and Intellectual Property Commission must publish 10
particulars about the request and the motivation contemplated in subsection (l) by notice in the Gazette.
(b) In such notice, the Commission must invite interested persons to submit representations to a person named in the notice within the period stipulated in that notice. 15
(3) (a) After having considered the representations contemplated in subsection (2), if any, the Minister of Trade and Industry may, by notice in the Gazette, declare the whole or any part of the provision concerned to be inapplicable to the Post Office with effect from the date stipulated in that notice.
(b) The Minister of Trade and Industry may only issue the declaration if satisfied on 20 reasonable grounds that the inapplicability of that provision to the Post Office-
(i) will contribute to the efficiency of the Post Office; (ii) will not reduce or limit the accountability of the Post Office as a public entity
or reduce the transparency of its functioning and operations; and (iii) will not be prejudicial to the rights, interests or claims of the creditors or 25
employees of the Post Office or to the rights or interests of any other person.
Regulations and policy
29. (I) The Minister may make regulations regarding- ( a) any matter relating to the functioning of the Board that is necessary to ensure
efficiency and effectiveness in the performance of its functions; and 30 (b) any ancillary or incidental administrative or procedural matter that is
necessary to prescribe for the proper implementation or administration of this Act.
(2) The Minister may make policies on matters of national policy applicable to the Post Office and its subsidiaries, consistent with the objects of this Act, and may at any 35 time thereafter amend any such policies made.
(3) When making or amending a policy under subsection (2) the Minister must- ( a) obtain Cabinet approval; (b) table the policy in the National Assembly at least 30 days before publishing
the final version of the policy in terms of paragraph (c); and 40 (c) publish the final version of the policy in the Gazette.
Offences and penalties
30. (1) A person commits an offence if he or she- ( a) fails to provide access to any books, accounts, documents or assets when
required to do so in terms of section 24 or when required by the administrator 45 contemplated in section 25(3);
(b) fails to give data or information, or give false or misleading data or information when required to do so in terms of section 24 or when required by the administrator contemplated in section 25(3);
30 No. 34879 GOVERNME'NT GAZETTE, 19 DECEMBER 2011
Act No. 22 of20ll SOUTH AFRICAN POST OFFrCE SOC LTD ACT, 2011, 2011
(c) fails to comply with a directive issued under section 25(4)(c); (d) intentionally refuses to perform a duty or obstructs any person in the exercise
of a power or performance of a duty in terms of this Act; (e) accepts any unauthorised fees or reward, either directly or indirectly as a result
of a person's position with the Post Office; 5 (f) uses the name, logo or design of the Post Office without the authorisation of
the Post Office; or (g) places or maintains or permits to be placed or maintained in, on or near any
house, premise, wall, door, window, box, post, pillar or other place belonging to a person or under a person's control the words "Post Office" or any other 10 word or a mark which may imply or may give reasonable cause for believing that house, premises, wall, door, window, box, post, pillar or other place to be a post office.
(2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both 15 a fine and such imprisonment.
(3) Where a person is again convicted for an offence contemplated in subsection (1), he or she is liable to a fine or imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment.
(4) Any member of the Board who fails to comply with section 10(3)(b)(i) or (ii) or 20 10(4)(b) or who contravenes section 13(c)(vii) or (viii), or any former member who failed to comply with or contravened any of those sections while being a member, commits an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment.
(5) Any person referred to in section 13(b) who contravenes that section, or any 25 former member of the Board who contravened that section while being a member, or any person, other than a member of the Board, referred to in section l3(b) who contravened that section during the tenure of a former member, commits an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment. 30
Repeal and amendment of laws
31. The laws mentioned in Schedule 2 are hereby repealed or amended to the extent set out in the third column of that Schedule.
Short title and commencement
32. This Act is called the South African Post Office SOC Ltd Act, 2011, and takes 35 effect on a date determined by the President by proclamation in the Gazette.
32 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of 2011 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011,2011
Schedule 1
(Section 21(5)}
OATH TO BE TAKEN OR AFFIRMATION TO BE MADE BY EMPLOYEES I (name in full) .......................................................................................................... , do solemnly swear/affirm* faithfully in my position as an employee of the Post Office to be S honest, trustworthy and fair without respect of persons according to the law and to the best of my knowledge, that I will not contrary to the law or to my duty communicate or divulge the contents of any letter, telegram or official paper of any description or, nor open or detain or cause or suffer to be opened or detained any letter or other postal article or any telegram nor on any account whatever destroy or make away with any letter, 10 telegram or official paper entrusted to my care, that I will give account of any responsibility entrusted to me whenever and wherever such may be required of me.
Signature 15
Sworn/Affirmed* before me at ............................. . on the ................................ day of .................... 20 .... ..
Justice of the Peace 20
*delete which is not applicable
34 No. 34879 GOVERNMENT GAZETTE, 19 DECEMBER 2011
Act No. 22 of 2011 SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 2011
Schedule 2
(Section 31)
LAWS REPEALED OR AMENDED
Act No. and Year Short Title Extent of amendment or repeal 5
Act No. 44 of 1958 Post Office Act, 1. Amendment of section 1- 1958 (a) by the substitution for the defini-
tion of "postal company" of the following definition: 10
" ·~ostal com~an!' means the South African Post Office SOC Ltd, referred to in section 3{1} of the South African Post Office SOC Ltd Act, 2011;"; 15
(b) by the deletion of the definition of "postal enterprise";
(c) by the deletion of the definition of "railway";
(d) by the substitution for the defini- 20 tion of "successor company" of the following definition:
" 'successor company' means [a] the telecommunications company incorporated as con- 25 templated in section 3(1), and for the Qurposes of the defini- tion of "officer", and section 5, Cha~ter IB and sections 12U and 12W includes the QOStal 30 com~any.".
2. Amendment of Chapter I by the dele- tion of the heading "POWERS AND RIGHTS OF THE DIRECTOR-GEN- 35 ERAL".
3. Repeal of section 2.
4. Amendment of Chapter lA by the 40 substitution for the heading of the following heading: "SUCCESSOR [COMPANIES] COMPANY".
45 5. Substitution for section 3 of the fol-
lowing section:
"Incorporation of successor [com- panies] com~any 50
3. (1) On a date or dates preced- ing the [postal transfer date or the] telecommunications transfer date[, as the case may be], the Minister shall effect the incorporation in 55 terms of the Companies Act of [two]
36 No. 34879
Act No. 22 of2011
Act No. and Year Short Title
•
GOVERNMENT GAZETTE, 19 DECEMBER 2011
SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011,2011
Extent of amendment or repeal !! public [companies] company namely, [a postal company to con- duct a postal service and] a tele- communications company to con- duct a telecommunications service, 5 which [companies] company shall bear [names] the name approved by the Minister, and the issue to [each] the company of a certificate to commence business. 10
[(2) The Minister shall on be- half of the State sign all docu- ments that are required to be signed by the promoters of the companies. 15
(3) The Director-General- ( a) shall be appointed as the first
director of each successor company and shall in that capacity in respect of each 20 company sign the documents which are required to be signed by a director of the company for the purpose of incorporation of the com- 25 pany and the issue to the company of a certificate to commence business;
(b) shall occupy the post of direc- tor of a successor company 30 until the date immediately preceding the transfer date concerned.]
( 4) [Each successor] The tele- communications company- 35 (a) shall upon incorporation issue
one share with a nominal value of one rand to the State;
(b) shall in it.'l memorandum of [association] incorporation in- 40 ter alia provide that [that suc- cessor] the telecommunications company and its subsidiaries-
(i) shall have as its main ob- ject and main business [in 45 the case of the postal company to conduct the postal service and in the case of the telecommuni- cations company] to con- 50 duct the telecommunica- tions service;
38 No. 34879
Act No. 22 of lOll
Act No. and Year Short Title
GOVERNMENT GAZETTE, 19 DECEMBER 2011
SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 20ll
tor repeal [(ii) shall not have the power to
perform the following acts without the approval of the Minister granted with the concurrence of the 5 Minister of Finance, namely- (aa) the alienation or en-
cumbrance by the . company otherwise • 10 than in the normal cause of its business of assets of the com- pany with a market value of more than 10 15 per cent of the mar- ket value of all the assets of the com- pany;
(bb) the cessation or alter- 20 ation of the main ob- ject or main business of the company;
(cc) the alienation of shares held by the 25 company in any sub- sidiary thereof so that the company retains 50 per cent or less of the voting shares of 30 the subsidiary;
(dd) the merger of the company with an- other company or the entering into of a 35 partnership or joint venture by the com- pany;
(c) must have articles of associa- tion providing, amongst other 40 things in the case of the postal company, that the aft'airs of the company must be man· aged by a board of directors appointed in terms of the ar- 45 ticles of association;
(d) shall, apart from the shares referred to in subsection (4)(a) and sections 5(1) and 12U(4)(a), not issue any 50 shares:
Provided that paragraphs (b)(ii), (c) and (d) shall not apply to the tele- communications company.
40 No. 34879
Act No. 22 of20ll
Act No. and Year Short Title
GOVERNMENT GAZETTE, I9 DECEMBER 20 II
SOUTH AFRICAN POST OFFICE SOC LTD ACT, 201I, 20II
Extent of amendment or repeal
(5) Notwithstanding the provisions of the Companies Act, the postal company and the telecommunica- tions company may have fewer than seven members.] 5
( 6) The powers and duties of the State as a member and shareholder of [each] the successor company shall be exer- cised and performed by the Minister.
[(7) A successor company shall not 10 conduct any business and shall not acquire any assets, liabilities, rights 01 obligations prior to the transfer dab: concerned.]".
15 6. Amendment of section 4-
(a) by the substitution for the heading of the following heading:
"Transfer of telecommunica- tions enterprise to successor 20 company"; and
(b) by the substitution for subsections 1, 2 and 3 of the following subsec- tions, respectively:
"(1) On a date determined by 25 the Minister by notice in the Ga- zette- [(a) The postal enterprise shall
be transferred to the postal company, from which date 30 the postal company shall, subject to the provisions of any other law, have the power to conduct the postal service;] 35
(b) the telecommunications enter- prise shall be transferred to the telecommunications company, from which date the telecom- munications company shall, 40 subject to the provisions of any other law, have the ex- clusive power to conduct the telecommunications service.
(2) (a) The value of the assets 45 and liabilities of the [enterprises] enterprise transferred in terms of subsection (1) shall be determined by the Minister with the concur- rence of tbe Minister of Finance, 50 and the net asset value of [those enterprises] the enterprise shall likewise be determined, regard be- ing had to the obligations imposed upon the [postal company and 55 the] telecommunications company by section 12U.
42 No. 34879 Act No. 22 of 2011
Act No. and Year Short Title
GOVERNMENT GAZETIE, 19 DECEMBER 2011
SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 2011
Extent of amendment or repeal (b) For the purposes of the
Income Tax Act, 1962 (Act No. 58 of 1962), or any other law in terms of which a tax or levy may be imposed, it shall be deemed that 5 expenses were actually incurred by [a] the successor company in acquiring the assets transferred to it in terms of subsection (I) and that, notwithstanding the provi- 10 sions of any other law, the ex- penses concerned, including the cost of the assets, are equal to the value determined in terms of sub- section (2)( a). 15
(3) (a) In so far as the [postal enterprise and the] telecommu- nications enterprise have the use of State land immediately prior to the date referred to in subsection 20 (1), such land shall on the said date pass to the [postal £ompany or the] telecommunications com- pany, [as the £ase may be,] and it shall be deemed that such land 25 was on the said date sold by the State President in terms of the provisions of the State Land Dis- posal Act, 1961 (Act No. 48 of 1961), to the company [£on- 30 £emed].
(b) Notwithstanding the provi- sions of section 5 of the State Land Disposal Act, 1961, and section 18 of the Deeds Registries 35 Act, 1937 (Act No. 47 of 1937), a registrar as defined in section 102 of the Deeds Registries Act, 1937, shall, on submission to him or her of a certificate by the Ministers of 40 Public Works and Land Affairs that State land has passed in terms of paragraph (a), free of charge make such entries and endorse- ments as he or she may deem 45 necessary in or on any relevant register, title deed or other docu- ment in his office or laid before him or her, in order to effect the transfer in the name of the 50 company [£oncemed].
44 No. 34879
Act No. 22 of2011
Act No. and Year Short Tide
GOVERNMENT GAZETTE, 19 DECEMBER 2011
SOUTH AFRICAN POST OFFICE SOC LTD ACT, 2011, 2011
Extent of amendment or repeal [(c) If a particular piece of
State land was used joindy by the postal enterprise and the telecommunications enterprise immediately prior to the date 5 mentioned in subsection (1), and the successor companies after that date agree to divide that piece of land between them without the payment of com pen- 10 sation by one party to the other or without giving anything in exchange therefor, the subdivi- sion of the land concerned shall be exempted from the payment 15 of transfer duty, stamp duty or other fees if, upon the registra- tion of the subdivision, a certifi- cate signed by the secretaries of both successor companies is 20 submitted in which it is certified that an agreement as contem- plated in this paragraph has been concluded.]";
(c) by the substitution in subsection 25 (4) for paragraph (a) of the follow- ing paragraph:
"(a) Any servitude, other real right or lease existing immedi- ately before the date referred to 30 in subsection ( 1) in favour of the State, the department or the Director-General and which is exercised in favour of [the postal enterprise or] the tele- 35 communications enterprise shall on the said date pass to [the postal company or] the telecommunications company[, as the case may be]."; 40
(d) by the substitution in subsection (4)(b) for subparagraph (i) of the following subparagraph: "(i) register the passing of the
servitude, other real right or 45 lease to the company [con- cerned] in terms of para- graph (a); or";
. (e) by the substitution in subsection (4A) for the words "a successor 50 company" of the words "the suc- cessor company", wherever they occur;
46 No. 34879
Act No. 22 of 2011
Act No. and Year Short Title