Postal Services Amendment Act [No. 33 of 2001]


Government Gazette

REPUBLIC OF SOUTH AFRICA
Vol. 438 Cape Town 7 December 2001 No. 22910
THE PRESIDENCY
No. 1311 7 December 2001
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 33 of 2001: Postal Services Amendment Act, 2001


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