Posts and Telecommunications Acts Amendment Act 101 of 1992
REPUBLIEK VAN SUID~AFRIKA
STAATSKOERANT
GOVERNMENT GAZETTE
FOR THE REPUBLIC OF. SOUTH AFRICA
As 'n Nuusblad by die Poskantoor Geregistreer Registered at the Post Office as a Newspaper
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KAAPSTAD, 24JUNIE 1992 . - ·: . ' . . ' . ··. • . .
· CAPE TOWN, 24 JUNE 1992 ·No. 14071
KANTOOR VAN DIESTAATSPRESIDENT .· STATE PRESIDENT'S OFFICE
No. 1764. '. : .· .
· . :· 24.Junie 1992 No .. l764. _, ,, :.
24June 1992 • ' · • . • l •
Hierby word bekerid gema'ak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepublis~er word:-
No. 101 van 1992: Wysi~ngswet op Pos-en Telekommuni~ · kastewette , 1992. .
' It is hereby notifiedthat the State President has assented to the following Act which is hereby published for general information:-
.' . No; 101 of 1992: Posts and Telecommunications Acts Amend-
ment Act, 1992.
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, 24 JUNE 1992 No. 14071 3
POSTS AND TELECOMMUNICATIONS ACTS AMENDMENT ACT, 1992 Act No. 101; 1992
GENERAL' EXPLANATORY NOTE:• .. ·
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] · Words in bold. type. in sqti~re brackets lttdicate omissions from existing enactments.
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·ACT i .
To amend the Radio Act, 1952, ·so as to provide for the licensing of radio frequencies; and ·to extend the powers of delegation of the Postmaster-General; to amend the Post Office Act, 1958, so as to emend certain definitions; to extend the powers of delegation of the Postmaster-General; to provide for the defrayal of operating losses of the postal company from the State Revenue Fund; to dispense with publication by the Minister of tariffs levied by successor companies; to make further provision concerning steps against an officer or employee in respect of misconduct; to provide for the deduction of certain amounts due, from pension benefits; to provide for the issuing of financial instruments by successor compa- nies; and to further: regulate the handling of balances in respect of inactive accounts in the Post Office Savings Bank; to amend the Post Office Service Act, 1974, so as to amend the definition of "Minister"; to further regulate the constitution of the Staff Management Board; and to make further provision in connection with the appointment of a· Postmaster-General; to amend the Post Office Amendment Act, 1991, in order to correct an erroneous reference; and to provide for matters connected therewith •
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(Afrikaans' text signed by the State President.) · · . (Assented !olB June 1992.)' · .
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BE IT ENACfED by the State President and the Parliament of the Republic . of South Africa, as follows:- · · . . · . · . • · . · ', '· Amendment of section 7 of Act 3 of 1952; as substituted by section 32 of Act 73
of 1976 and amended by section 4 of Act 2 of 1978 and section 23 of Act 61 of 1982
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1. Section 7 of the Radio Act, 1952, is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:
· ."(a) issue to any person approved by him ·a licence conferring upon such person the right to use, or cause any person in his employ or
· under his control to use, a station for any purpose prescribed by .regulation or to use any specified radio frequency for a purpose and iii-the manner so prescribed;".
-: ,; Amendment of section 16 of Act 3 of 1952, as substituted by section 12 of Act 93 of 1969 and amended by section 10 of Act 2 of 1978 and section 2 of Act 99 of 1991
.' ·-:·: ., ' . . ' . . · 2. Section 16 of the Radio Act; 1952, is hereby amended by the substitution
15 for the words preceding paragraph (a) of the following words:.
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POSTS AND TELECOMMUNICATIONS ACTS AMENDMENT ACT, 1992 Act No. 101, 1992
"Any person [in the service of the State] duly authorized thereto by the Postmaster-General may at all reasonable times-".
Amendment of section 1 of Act 44 of 1958, as amended by section 1 of Act 56 of 1973, section 1 of Acfl3 of 1974, section 1 of Act 113 of 1976, section 1 of Act 1
5 of 1978, seCtion 1 of Act 37 of 1984 and section 1 of Act 85 of 1991
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3. Section 1 of the Post Office Ac( 1958 (hereinafter referred to as the principal Act), is hereby amended_. . . . . .
(a) by the substitution in the definition of "Companies Act" for the expression ."11" ofth·e expression "61"; · , • . . · .
(b) by the substitution for paragraph (b) of the definition of "excluded commitments"· of the following paragraph and words:
"(b) loan and other financing and related agreements entered into by the department, but excluding those made by the State to the department in terms of the Exchequer Act, 1975 (Act No. 66 of 1975) [in respect of which the Minister With the approval of the Minister of Finance decides that the State will continue to be liable after the transfer date concerned], ·
in respect of which the Minister with the approval of the Minister of Finance decides that the State will continue to be liable after the
·'transfer date concerned;"; and (c) by the substitution for the definition of "Minister" of the following
definition: . . "Minister" means the Minister [of Mineral and Energy Affairs and Public Enterprises] entrusted with the administration of the· dec partment;".
Amendment of section 2Dof Act 44 of 1958, as inserted by seetion 3 of Act 113 of 1976 ' . ' "
4. Section 2D of the prinCipal Act is hereby amended by the substitution for subsection (1) of the following subsection: · . . .
30 "(1) The Postmaster-General may, on· such conditions as· he may deter- mine, delegate to an officer or to the holder of any post in the department any power conferred upon him by this Act or any other' law, except the power of ·delegation granted under this subsection and a power which he may exercise only with the· approval of 'the Minister, and may in his
35 discretion withdraw any such delegation.". ·
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Insertion of section 6 in 'Act 44 of l958 ·. ·
5. The following section is hereby inserted after section 5 ·of the principal Act:
"Defrayal of operating loss from State Revenue Fund . · · ·
6. 1 An o era tin loss suffered b the ostal com an durin an financial year, shall, subject to the provisions of subsections (2), (3) and (4), be a direct charge on the State Revenue Fund, which charge shall be defrayed from dividends and tax paid into such Fund by the telecommunications company. ,
(2) If the amounts of dividends and tax paid into the State . Revenue Fund by the telecommunications company in respect of any financial year is less than an operating loss suffered by the postal
. company during the financial year concerned and which is in terms of subsection (1) a charge on the State Revenue Fund, the telecommu-
. nications company shall furnish to the Treasury bridging finance to cover the difference between the said dividends and tax paid by the telecommunications company, and the operating loss suffered by the postal company. ·
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POSTS AND TELECOMMUNICATIONS ACTS AMENDMENT ACT,'1992 Act No. 101, 1992
(3) The terms and conditions of the bridging finance referred to in subsection (2) shall be determined by the·Minister with the concur- rence of the Minister of Finance. ·
(4)•The financing of operating losses in terms of subsections (1) • and (2) shall be for such period as the Minister with the concurrence of the Minister of State Expenditure may at his discretion determine,
· which period shall not exceed five years after the commencement of this section. ; ' ..
(5) For the purposes of this section:_ 'financial year' meansa financial year as defined in section 1 of the
Exchequer Act, 1975 (Act No. 66 of 1975); • 'operating loss' means·the amount ofa loss as determined by the
: .. Minister with the concurrence of the Minister of State Expenditure; 'tax' means any levy or tax leviable in terms of the Income Tax
15. Act, 1962 (Act No. 58 of1962).''.· · • . '·': • '~ . I . '
Amendment of section 7 of Act 44 of 1958, as substituted by section 6 of Act 85 'of 1991 ...
6. Section 7 of the principal Act is hereby amended by the deletion of subsection·(5). . ,
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20 Amendment of section 8 of Act 44 of 1958, as inserted by section 7 of Act 85 of 1991 .
· · .7. Section 8 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (5) of the following paragraph:,· ..
. ·~(b) ill any [disciplinary steps] enquiry or other action instituted or 25 contemplated [against such . officer. or. employee] .. in respect of
,, . alleged misconduct, [or.· improper conduct]. committed ; by such officer or employee prior to his employment by [the] that succes- sor company, shall be disposed of or instituted by such company and such company shall take steps against the officer or employee
30 ···concerned if he is found guilty of misconduct, in terms of the laws applicable to him before such employment; · · · ' · · · for the u oses of sub ara ra h i an reference in the laws contemplated in that subparagraph, to- (aa) the Minister, shall be construed as a reference to' the
35 chairman of the board of directors. of the company con- cerned; ' · ·•·· · · · · '· ' · · · '· '
1 . (bb) .. the Staff, Managen:tent .Bo.ard! s~all be constru~d: as. a · · · reference to the management board of such company; · (cc) the Postmaster-General, shall be construed as .a reference
40 to the managing director ofsuch co'mpany; . . (dd) the department, shall be construed as a reference to the
··company concerned;". ' · ·- .. '
, .. Amendment of section lOB of Act 44 of 1958, as inserted by section 7 of Act 85 of 1981 '' 0 0 \ I ! - ~ 1 ! :
. ·\. 45 8. (1) Section 10B.of the principal Act is hereby amended by the addition of
the following subsection; the existing section becoming subsection (1): · . " 2 :Notwithstandin the rovisions of subsection 1 the ens ion fund ·
concerned may on the date of a member's retirement or the date on which .. he ceases to be a member of the fund, deduct- · . · ·:'
50 (a)· any amount due to that fund in respect of a loan granted by that fund ·in terms of its statutes to a member or beneficiary, from any benefit to which the member or . beneficiary is entitled in terms of such statutes;
. (b)· · any amount due by a member to his employer in respect of- 55. : .. · . (i) · any loan· granted by the employer to such member at his
... · · request;
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POSTS AND TELECOMMUNICATIONS ACTS AMENDMENT ACf, 1992 Act No. 101, 1992
.·. (ii) any amount for which the 'employer is liable in terms of a guarantee furnished in respect cif a .loan granted by some .other person to the member for the purchase of land or a dwelling or the. erection: alteration, improvement, mainte- nance or repair of a dwelling for occupation by the member or a dependant of the member; . . .
(iii) compensation (including the legal costs recoverable from the member in a matter contemplated in subparagraph (ii)) in
.... , . respect of any damage caused to the employer, by reason of . any theft, dishonesty, fraud, misconduct or negligence by the : member; . : . . . . .· . . . .
· (iv) ariy other written agreement between 'the member and the employer in respect of a: study bursafy' training of the 'member or the military service obligations of the member,
from any benefit payable to the member or a beneficiary in terms of the, statutes of that fund, and pay such amount to the employer concerned; : . . . . .
' ,· (c/ any amount,which such fund'or the employer has paid or will pay by an arrangement with, or on behalf of; a member or beneficiary in respect of-,- , . .. · . . . . . . . ·
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. (i) ,such member's. or beneficiary's 'subscription to a medical scheme registered otherwise than provisionally in terms of the Medical Schemes Act, 1967.(Act No. 72of 1967);
(ii) any insurance premium payable by such member or benefi- ciary. to an insurer registered in .terms of the Insurance Act, 1943 (Acf No. 27 6(1943), .. ~ . ,.. . . . .. · ..
:. from any benefit to which 'the member or' beneficiary is entitled in . terms of the statu~es of that fund and pay such amount, if due, to
. . such employer, medical scheme or insurer, as the case may be.". . (2) Subsection (1) shall be deemed to .have come into operation on 1 October 1991. · · .•. r
Amendment of section 12U of Act 44 of 1958, as inserted by section 9 of Act 85 of 1991
9. Section 12U of the principal Act is hereby amended by the ·deletion· c:lf 35 subsection (5).
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Insertion of section 12W in Act 44 of 1958
10. The following section is hereby inserted iri the principal.Act'after section 12V: . r! ~ . ·.
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, :··"Financial instruments t • • ,:;, •. '.
·,·· 12W. 1 Sub'ect to the rovision ·of subsections 2 \nd a
successor company of which all the issued equity shares are held by the State, may, for.as long asthe said shares are being so held, and notwithstanding' anything to the. contrary contained in .. the Compa- nies Act, issue stock, securities, bills, promissory notes, debentures, debenture stock, obligations or other financial instruments as proof of 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 financial instruments issued by the State. · · · · · . (2) Financial instruments referred to in subsection (1) shall only be issued with the approval of the Minister with the concurrence ·of the Minister of Finance, and after a guarantee in terms of section 35 of the Exchequer Act, 1975 (Act No. 66of 1975), has been obtained in respect thereof. . :. · . . . , . ·. .. , . · · . ::. . (3) Any. financial instruments issued· by a successor. company
. before the commencement of this section and which purported to be public stock or bonds issued by the Postmaster-General in terms of
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POSTS AND TELECOMMUNICATIONS ACTS AMENDMENT ACT, 1992 Act No; 101, 1992
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