Postal Services Amendment Act [No. 33 of 2003]
REPUBLIC OF SOUTH AFRICA
Vol. 469 Cape Town 14 July 2004 No. 26569
THE PRESIDENCY No. 841 14 July 2004
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 33 of 2003: Postal Services Amendment Act, 2004.
2 No. 26569 GOVERNMENT GAZETTE, 14 JULY 2004
Act No. 33,2003 POSTAL SERVICES AMENDMENT ACT. 2003 -~
GENERAL EXPLANATORY NOTE:
] Words in bold type in square brackets inaicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 9 July 2004.)
ACT To amend the Postal Services Act, 1998, so as to provide anew for the application for and the issue of a licence to provide reserved postal services; and to provide anew for the requirements to provide a courier service in respect of unreserved postal services; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, as fo1lonJs:- Amendment of section 16 of Act 124 of 1998
1. Section 16 of the Postal Services Act, 1998 (hereinafter referred to as the principal Act): is hereby amended by- 5
(a) the substitution for subsection (2) of the following subsection: “(2) Subject to [subsections (3) and (5)] subsection (3), no application may be entertained to provide a reserved postal service unless such application is lodged pursuant to and in accordance with an invitation issued by the Minister in the Gazette.”; 10
(b) the substitution in subsection (4) for the words in paragraph (a ) preceding
“A reserved postal service of the postal company contemplated in this section[, excluding a courier service in respect whereof the postal company must be licensed or registered separately,] may be provided 15 by a wholly-owned subsidiary of the postal company, without such subsidiary being required to hold a licence in terms of this Act, if-”:
subparagraph (i) of the following words:
(c) the deletion of subsection (5 ) ; and (d) the substitution for subsections (9) and (10) of the following subsections,
respectively: 20 “(9) The licences contemplated in subsections (1) and (3 ) [and (511 must be granted on terms and conditions consistent with the objects of this Act to be determined by the Minister and stated in the licence. (10) [The] After a licence contemplated in subsection (1) or (3) has been issued. the Minister must make known the terms and .conditions 25 [contemplated in subsection (8)] applicable to such licence by notice in the Gazette.”.
4 No. 26569 GOVERNMENT GAZETTE, 14 KTLY 2004
Act No. 33,2003 POSTAL SERVICES AMENDMENT ACT, 2003
Amendment of section 22 of Act 124 of 1998
2. Section 22 of the principal Act is hereby amended by the substitution for paragraph
“ (d) A person may not be registered to provide a courier service in terms of this section unless that person undertakes- 5 ii) to receive, collect and deliver items contemplated in iteln l(0) of
(d) of the following paragraph:
Schedule 2; [or]
section 16(5)(d),in respect of items contemplated in item l(b) of Schedule 21 to track and trace the‘whereabouts of any item received or 10 collected for delivery by such person’s business undertaking;
working day after receipt thereof: and
- (ii) [to render any service contemplated in subparagraphs (ii) to (v) of
(iii) to deliver items within a definite time, in the case of deliveries across
(iv) to deliver items within the Republic at the latest by 13:OO on the first
(v) to clear items through customs. where applicable.”.
3. ‘This Act is called the Postal Services Amendment L k t , 2003.