ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
POSTAL
3. Exclusive privilege of Corporation.
4. Exemptions from postal charges.
5. Articles posted by mistake.
6. Underpaid postage.
7. Postage stamps.
8. Sale of stationery at post offices.
9. Opening of postal articles.
10. Restricted articles.
11. Prohibited articles.
12. Collection and delivery of postal articles.
13. Precedence of letters.
14. Postal articles sent in contravention of this Act.
15. Detention for customs purposes, etc.
16. Opening of suspected articles or where requested by Minister.
17. Insufficiently stamped postal articles.
18. Registration of postal articles.
19. Insurance of postal articles.
20. Parcel post.
21. Cash on delivery system.
22. Delivery of mail from outside Zimbabwe.
23. Conveyance of mail by transport operators.
24. Money orders and postal orders.
25. Lotteries and obscene matters.
PART III
TELECOMMUNICATION SERVICES
26. Establishment, maintenance and working of telecommunication services.
27. Telegram service.
28. Control of licensees, approved suppliers and persons referred to in section 26 (6).
29. Acquisition of private telecommunication lines.
30. Acquisition of land for telecommunication purposes.
31. Entry upon land.
32. Removal of telecommunication lines.
33. Erection of gates for access to telecommunication lines.
34. Trees obstructing telecommunication lines.
35. Laying of telecommunication lines under streets, etc.
36. Powers to be exercised with care and compensation for damage.
37. Height and depth of telecommunication lines.
38. Notice of construction of railways and electricity works and control of other works.
39. Precedence of telegrams.
40. Rejection of telegrams and communications.
41. Officer not liable for transmission of defamatory matter.
PART IV
OFFENCES
42. Authority required for institution of certain criminal proceedings.
43. Contravention of exclusive privilege of Corporation.
44. Offences in relation to insufficiently stamped postal articles.
45. Forgery of stamps and money orders, etc.
46. Offences in relation to postage stamps and post marks.
47. Offences in relation to mails or postal articles.
48. Theft of and tampering with mail.
49. Transmission or use of dangerous substances.
50. Offence of unauthorized notice as to reception of letters, etc.
51. Trespass in or upon post offices or telephone exchanges.
52. False entries relating to mail and fraudulent use of official mark.
53. Offences relating to money orders, etc.
54. Offences relating to telegrams.
55. Offensive or false telephone messages.
56. Unauthorized construction or use of telecommunication line.
57. Wilful damage to or interference with telecommunication line.
58. Interception of communications.
59. Impersonation of officer.
60. False declarations.
61. General penalties.
62. Sufficiency of allegations in indictment.
63. Extra-territorial application of sections 10, 11 and 49.
PART V
GENERAL
64. Corporation to comply with directions.
65. Reference to Postmaster-General to include reference to authorized officer.
66. Acquisition of Tribal Trust Land or interest therein.
67. Forfeiture of apparatus or equipment.
68. Evidence in proceedings for recovery of fees due.
69. Evidence of telegrams.
70. Non-liability of Corporation, officers and carriers of mail.
71. Exemption from duty.
72. Detention or surrender of postal articles or telegrams in connection with criminal proceedings.
73. Powers of President to give directions.
74. Regulatory powers of Corporation.
AN ACT to confer privileges on the Posts and Telecommunications Corporation in connection with postal and telecommunication services; to regulate and control the provision of postal and telecommunication services within, into and from Zimbabwe; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st April, 1973.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Postal and Telecommunication Services Act [Chapter 12:02].
2 Interpretation
(1) In this Act-
"approved supplier" means a person who is authorized as a supplier in terms of subsection (5) of section twenty-six;
"Board" means the Posts and Telecommunications Board established by section 4 of the Corporation Act;
"broadcasting service" bears the meaning assigned thereto in section 2 of the Corporation Act;
"Corporation" means the Posts and Telecommunications Corporation established by section 3 of the Corporation Act;
"Corporation Act" means the Posts and Telecommunications Corporation Act
[Chapter 12:03];
"diffusion service" means the dissemination-
(a) by means of any conducting medium of the whole or any part of writing, signs, signals, pictures, impulses or sounds broadcast by a broadcasting service; or
(b) of music, speech or pictures for information, education or entertainment purposes by means of any conducting medium connected to two or more items of apparatus specifically designed for the reproduction of sound or pictures;
"licensee" means a person to whom a licence or special licence has been issued in terms of paragraph (a) of subsection (4) of section twenty-six;
"local authority" means a city council, municipal council, town council or rural district council;
"mail" means any article deposited in a post box for collection and conveyance by post or which is being conveyed by post;
"mail bag" means any bag, box, basket, parcel, hamper or other container or covering in which a postal article is conveyed, whether it does or does not contain a postal article;
"Minister" means the Minister of Information, Posts and Telecommunications or any other Minister to whom the President may, from time to time, assign the administration of this Act;
"money order" means a money order issued-
(a) under this Act; or
(b) by any postal authority for payment under this Act;
"officer" means a person who is employed by the Corporation and includes any person appointed by the Corporation as its agent in connection with the provision of postal or telecommunication services; "person in charge of a vessel", in relation to-
(a) a vessel, means any person other than a pilot, having command or charge of the vessel;
(b) an aircraft, means any person in command or in charge of the aircraft; "postage" means the duty payable for the transmission of articles by post;
"postage stamp" means any piece of paper or other substance or material whatsoever having thereon the stamp, mark or impression of any die, plate or other instrument made or used under this Act or by any postal authority for the purpose of denoting any postage, which has not been withdrawn;
"postal article" includes-
(a) any letter, postcard, printed paper, small packet, newspaper, literature for the blind, parcel or other article whatsoever in the course of transmission by post; and
(b) a telegram when conveyed by post;
"postal authority" means-
(a) in the case of Zimbabwe, the Corporation;
(b) in the case of any country or territory other than Zimbabwe, the duly constituted postal authority of that country or territory;
"postal order" means a postal order issued-
(a) under this Act; or
(b) by any postal authority for payment under this Act;
"Postmaster-General" means the person appointed in terms of section 22 of the Corporation Act;
"post box" means any letter box, mail box or other receptacle provided by or with the approval of the Corporation for the reception of postal articles for transmission by post;
"post office" includes-
(a) any house, building, room, place or structure or any vehicle used by the Corporation for the handling or transmission of postal articles or telegrams;
(b) any post box;
"private automatic branch exchange" means an automatic telephone system connected to a telephone exchange by one or more exchange lines supplied by the Corporation, which system serves the person to whom such exchange line or lines are so supplied;
"radiocommunication service" bears the meaning assigned thereto in section 2 of the
Corporation Act;
"sender" means the person from whom any parcel, article or telegram purports to have come, unless that person proves that he is not the sender thereof;
"telecommunication authority" means-
(a) in the case of Zimbabwe, the Corporation;
(b) in the case of any country or territory other than Zimbabwe, the duly constituted telecommunication authority of that country or territory;
"telecommunication line" includes any apparatus, instrument, pole, mast, standard, wire, pipe, tunnel, pneumatic or other tube, thing or means whatever that is or may be used in connection with or for the purpose of sending, transmitting, conveying or receiving signs, signals, sounds, pictures or communications which are conveyed by means of a telecommunication service;
"telecommunication service" means any service by means of which signs, signals, sounds, pictures or communications are conveyed by the agency of electricity, magnetism or electromagnetism or by any agency of a like nature, whether with or without the aid of wires, and includes telephony and telegraphy and any improvements and developments thereof, including a radiocommunication service and a diffusion service;
"telegram" means any communication transmitted or intended to be transmitted by telegraph service or delivered or intended to be delivered from any post office or telegraph office as a communication transmitted either wholly or partly by telegraph service, and includes a communication transmitted or intended to be transmitted by means of a radiocommunication service that is reduced to writing;
"telegraph office" means any place used by the Corporation for the handling of telegrams;
"telegraph officer" means any person authorized under this Act to accept, transmit or deliver telegrams;
"telegraph service" means a telecommunication service provided by the Corporation by means of which a person using the service may communicate by means of a telegram with another person;
"telephone service" means a telecommunication service provided by the Corporation by means of which a person using the service may speak to another person using the service;
"telex service" means a telecommunication service provided by the Corporation by means of which a person using the service may communicate by means of printed letters and figures through the medium of a teleprinter with another person using the service;
"transmission", in relation to-
(a) a telegram, includes the reception as well as the sending thereof; (b) a postal article, includes the depositing by the sender of the article in a post box.
(2) For the purposes of this Act-
(a) a postal article shall be deemed to be in course of transmission by post from the time of its delivery to a post office and until it is delivered to the person to whom it is addressed or returned to the sender or otherwise disposed of under this Act;
(b) the placing of an article in any post box or the delivery of an article to an officer in the course of his duties shall be deemed to be delivery to a post office; (c) the delivery of a postal article in terms of this Act shall be deemed to be delivery to the person to whom the postal article is addressed;
(d) in the case of a building which consists of a number of self-contained residences commonly known as flats, each such flat shall be regarded as a single building.
PART II
POSTAL
3 Exclusive privilege of Corporation
(1) Subject to this section, the Corporation shall have the exclusive privilege of receiving, collecting, dispatching, conveying by any means whatsoever and delivering letters and of performing all the services incidental thereto.
(2) Subject to subsection (3), nothing contained in subsection (1) shall make unlawful-
(a) the conveyance and delivery of a letter personally by the sender of the letter;
(b) the conveyance and delivery of a letter to the person to whom it is addressed by a friend of such person or of the sender of the letter, without hire, reward or other profit or advantage for receiving, carrying or delivering it;
(c) the conveyance of a letter solely concerning goods or property which is sent by water, land or air, to be delivered with the goods or property to which the letter relates, without hire, reward or other profit or advantage for receiving, carrying or delivering the letter if the letter is open to inspection and has superscribed thereon the words "Consignee's letter" or other words of similar import;
(d) the conveyance and delivery without charge of a letter concerning the affairs of-
(i) the sender or his agent, client or customer; or
(ii) the person to whom it is addressed or the agent, client or customer of that person; by the means of a messenger sent for that purpose; (e) the conveyance and delivery of a letter which exceeds- (i) the prescribed dimensions; or
(ii) the prescribed mass; for a letter;
( f ) the conveyance and delivery of a letter containing process or other proceedings or pleadings in any court or affidavits or depositions.
(3) Nothing contained in subsection (2) shall authorize any person to make a collection of letters for the purpose of their being sent or conveyed in any manner authorized by paragraphs (b) to ( f ) of subsection (2).
(4) Save as otherwise provided by or under this Act, the following persons shall not carry, receive, collect or deliver a letter although they do not receive any hire, reward or other advantage for doing so, that is to say-
(a) a common carrier, his agent or servant:
Provided that this paragraph shall not apply to a letter concerning goods in the train, aircraft, vessel, vehicle or other conveyance of the common carrier; (b) any other person on a train, aircraft, vessel, vehicle or other conveyance.
4 Exemption from postal charges
Any-
(a) petition or address to the President which is clearly marked as such; or (b) postal article of a class specified by the Minister, by statutory instrument, for the purposes of this section; shall be exempt from postage.
5 Articles posted by mistake
If-
(a) any article is delivered to a post office and has thereby become liable to postage; and
(b) evidence is adduced to the satisfaction of the Postmaster-General that such article has been so delivered by mistake;
the Postmaster-General may cause that article to be opened in the presence of an officer and returned without charge to the sender:
Provided that if the article contains any letter or manuscript liable to postage, the Postmaster-General may retain the article until the postage has been paid.
6 Underpaid postage
(1) If the postage payable on a postal article has not been paid, the person to whom the postal article is addressed shall pay the postage or other sum due on the postal article on his accepting delivery unless he forthwith returns the postal article unopened:
Provided that if any such postal article appears to the satisfaction of the PostmasterGeneral to have been sent for the purpose of annoying the person to whom it is addressed, the Postmaster-General may remit the postage or other sum due thereon.
(2) If, in the case of a postal article referred to in subsection (1), the person to whom the postal article is addressed-
(a) refuses to accept delivery or forthwith returns the postal article unopened; or
(b) has died or cannot be found;
the Postmaster-General may return the article to the sender on payment by the sender of the postage or other sum due thereon or otherwise dispose of the postal article in such manner as he thinks fit.
7 Postage stamps
(1) The Corporation, with the approval of the Minister, may-
(a) provide such postage stamps as the Board considers necessary for the purposes of this Act; and
(b) withdraw any issue of postage stamps provided in terms of paragraph
(a); and notification of any such withdrawal shall be published in the Gazette.
(2) The Corporation, with the approval of the Minister, may, by notice published in the Gazette, fix a date which shall be not less than three months after the date of the publication of such notice when any postage stamp provided in terms of subsection (1) shall cease to be a postage stamp for the purposes of this Act, and no claim shall lie against the Corporation in respect of any postage stamp to which that notice relates.
8 Sale of stationery at post offices
The Corporation may provide for sale at any post office packing material, stamped envelopes, air-letter forms and such other stationery as the Board thinks fit.
9 Opening of postal articles
(1) Save as otherwise provided in this Act, no person shall, after any postal article has been delivered to a post office-
(a) open that postal article; or
(b) return that postal article to any person or persons; unless he is authorized to do so in writing by the Postmaster-General.
(2) The Postmaster-General may, in such individual circumstances as appear to him to justify such a course, grant written authority for opening or returning a postal article referred to in subsection (1).
10 Restricted articles
(1) Save as otherwise prescribed and subject to such conditions as may be prescribed, no person shall send by post-
(a) any drug-
(i) to which Part II, IV or VI of the Dangerous Drugs Act [Chapter 15:02] applies; or
(ii) which is specified in a statutory instrument in terms of subsection (1) of section 4l of the Drugs and Allied Substances Control Act [Chapter 15:03]; or
(b) any substance which is declared to be a Group I hazardous substance in terms of subsection (1) of section 15 of the Hazardous Substances and Articles Act
[Chapter 15:05];
or
(c) any explosive, inflammable, dangerous, filthy, noxious or deleterious substance; or
(d) any sharp instrument which is not adequately protected; or
(e) any noxious living creature; or
( f ) any creature, article or thing whatsoever that is likely to injure postal articles or an officer.
(2) Any postal article sent in contravention of subsection (1) may, under the authority of the Postmaster-General, be opened and, save as otherwise provided in this Act, be destroyed.
11 Prohibited articles
(1) No person shall send by post-
(a) any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film, book, card, tape recording or written communication or any other indecent or obscene article, whether similar to the aforementioned or not; or
(b) any postal article having thereon, therein or on the cover thereof any thing, word, mark or design of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character; or
(c) any postal article bearing a fictitious postage stamp or purporting to be prepaid with a postage stamp that has been previously used; or
(d) correspondence dealing with a fraudulent or immoral business or undertaking or which purports to foretell future events; or
(e) any aphrodisiac or correspondence relating thereto or any article claimed or purporting to be an aphrodisiac or correspondence relating thereto: Provided that nothing in this paragraph shall apply to an aphrodisiac or correspondence relating thereto or to an article claimed or purporting to be an aphrodisiac or correspondence relating thereto which is sent for the purposes of analysis or in connection therewith or by or in accordance with the directions of a registered medical practitioner.
(2) Save as otherwise provided in this Act. any postal article which-
(a) is sent in contravention of paragraph (a), (b), (d) or (e) of subsection (1); or
(b) contains any correspondence or literature relating to venereal disease that is, in the opinion of the Minister, undesirable;
shall be disposed of in accordance with the directions of the Postmaster-General.
12 Collection and delivery of postal articles
Subject to this Act, postal articles shall be collected and delivered at such times and in such manner as the Corporation may direct.
13 Precedence of letters
(1) Where the dispatch or delivery from a post office of letters would be delayed by the dispatch or delivery at the same time of other classes of postal articles, the latter or any of them may, subject to such conditions as may be prescribed, be detained in the post office for subsequent dispatch or delivery.
(2) Where a separate parcel post is established in terms of section twenty, parcels may be forwarded and conveyed by parcel post and may, if necessary, be detained in a post office for that purpose.
14 Postal articles sent in contravention of this Act
(1) If the Postmaster-General suspects that any postal article is being sent in contravention of this Act-
(a) he may detain and open that postal article; and
(b) unless dealt with under subsection (2) of section ten, subsection (2) of section eleven or section fifteen, sixteen, seventeen or seventy-two, he shall thereafter cause that postal article to be returned to the sender or forwarded to its destination and charged with such additional postage, if any, as may be prescribed.
(2) If the Postmaster-General suspects that any postal article contains any correspondence or literature relating to venereal disease, he may detain and open such postal article and, if he considers that such correspondence or literature might, in the opinion of the Minister, be undesirable, he shall forward the postal article to the Minister for his opinion in the matter, and, unless dealt with under subsection (2) of section eleven, the postal article shall thereafter be returned to the sender or forwarded to its destination and charged with such additional postage, if any, as may be prescribed.
15 Detention for customs purposes, etc.
(1) The Postmaster-General may-
(a) detain any postal article which he suspects contains goods liable to customs or excise or any other duty or tax imposed under any enactment; and
(b) open and examine that postal article or deliver that postal article to the nearest customs office or customs officer for examination.
(2) If, on examination in terms of subsection (1)-
(a) any goods liable to duty or tax are discovered in the postal article, that postal article may be detained for the purposes of prosecution or may be delivered to the person to whom it is addressed or to his representative on payment of the duty or tax and the postage, if any, payable thereon;
(b) no goods liable to duty or tax are discovered in the postal article, that postal article shall be delivered to the person to whom it is addressed or to his representative on payment of the postage, if any, payable thereon. 16 Opening of suspected articles or where requested by Minister
(1) Save as otherwise provided in this Act, if the Postmaster-General-
(a) suspects that a postal article contains goods in respect of which an
offence is being committed or is being attempted to be committed; or
(b) is requested to do so by the Minister;
he shall, by notice in writing, request the person to whom the postal article is addressed or the sender thereof or the agent of any such person appointed in writing to attend at a post office and at a time specified in such notice and open the postal article in the presence of an officer authorized by the Postmaster-General for this purpose.
(2) If the person to whom the postal article is addressed or the sender thereof or the agent fails to attend in pursuance of the written notice in terms of subsection (1) or refuses to open the postal article, it shall be opened by the officer referred to in subsection (1).
(3) Any postal article opened under this section shall thereafter be delivered or forwarded to the person to whom it is addressed, unless it is required for the purpose of any criminal proceedings.
17 Insufficiently stamped postal articles
(1) Where a postal article is received by post from any place beyond the boundaries of Zimbabwe or is posted within Zimbabwe-
(a) bearing a fictitious stamp; or
(b) purporting to be prepaid with a postage stamp that has been previously used;
the officer in charge at the post office at which the postal article is received shall send a notice to the person to whom the postal article is addressed requesting him to attend, either in person or by an agent appointed by him in writing, within a specified time at the post office to receive delivery of the postal article.
(2) If, after notice has been sent in terms of subsection (1), the person or his agent- (a) attends at the post office within the time specified in the notice and pays the charge due and consents to make known to such officer the name and address of the sender of the postal article and to redeliver to such officer that portion of the postal article that bears the address of such person and the fictitious or previously used stamp or, if the postal article is inseparable from the stamp, the entire postal article, the postal article shall then be delivered to that person or his agent, as the case may be;
(b) fails to attend at the post office within the time specified in the notice or, having attended within that time, refuses to pay the charge due or to make known the name and address of the sender or to redeliver the postal article or portion thereof in terms of paragraph (a), the postal article shall not be delivered to him but shall be disposed of in such manner as the Postmaster-General directs. 18 Registration of postal articles
(1) Subject to this Act and on payment, in addition to the ordinary postage, of such charge as may be prescribed, the sender of a postal article may have the postal article registered at the post office at which it is posted.
(2) The conditions as to acceptance and delivery of a postal article that is to be registered or is registered and the amount of compensation, if any, that may be paid in respect of the loss of any postal article or the contents or part of the contents of any postal article that is registered shall be as prescribed.
19 Insurance of postal articles
(1) Subject to this Act and on payment, in addition to the ordinary postage, of such charge as may be prescribed, the sender of a postal article may have the postal article insured.
(2) The conditions as to acceptance and delivery of any postal article that is to be insured or is insured and the amount of compensation, if any, that may be paid in respect of the loss of or damage to any postal article that is insured shall be as prescribed.
20 Parcel post
The Corporation may establish a parcel post and for that purpose may prescribe- (a) the conditions under which parcels may be received, transmitted, delivered, returned to the sender or otherwise disposed of;
(b) subject to any law relating to customs and excise, the arrangements for the collection of any customs or excise duties.
21 Cash on delivery system
(1) Subject to this Act and on payment, in addition to the ordinary postage, of such charge as may be prescribed, the Corporation may arrange that an amount equal to the value of the contents of a postal article at the time of posting as specified in writing by the sender of the postal article shall be collected by a post office on delivery of the postal article to the person to whom it is addressed and remitted to the sender of the postal article.
(2) No liability shall attach to the Corporation or any officer in respect of any amount referred to in subsection (1) unless and until such amount has been collected from the person to whom the postal article is addressed.
(3) Subject to subsection (2), the conditions as to acceptance and delivery of a postal article in respect of which the specified value is to be collected from the addressee and remitted to the sender shall be as prescribed. 22 Delivery of mail from outside Zimbabwe
(1) The person in charge of an aircraft, train or vessel entering Zimbabwe which is carrying any postal article or mail bag that is within the exclusive privilege conferred on the Corporation by section three shall, without delay after entry into Zimbabwe, cause every such postal article or mail bag to be delivered at such place or to such officer as may be authorized by the Postmaster-General to receive such postal article or mail bag.
(2) If the person in charge of an aircraft, train or vessel referred to in subsection (1)- (a) has failed to deliver any postal article or mail bag in terms of subsection (1); or
(b) when making such delivery as is referred to in subsection (1) , discovers that he is conveying a postal article or mail bag that is not on the route of his aircraft, vehicle, train or vessel;
he shall, as soon as possible after becoming aware of such failure or making such discovery, report the matter to the officer in charge of a post office and shall comply with any directions he may receive from such officer.
(3) Any receipt issued to a person referred to in subsection (2) by an officer referred to in subsection (2) for a postal article or mail bag shall discharge the former from any further responsibility in respect thereof. 23 Conveyance of mail by transport operators
(1) Subject to this section, the Corporation may require any transport operator to convey mail, subject to such terms and conditions and for such definite or indefinite period as the Corporation shall specify, between stopping-places of any train or vehicle that is used by such transport operator for the carriage of passengers or goods. (2) A transport operator who has been required in terms of subsection (1) to convey mail shall comply with the requirement and shall-
(a) be responsible for the safe custody of such mail whilst it is in his charge; and
(b) observe all reasonable requirements of the Corporation regarding the taking-up and delivery of such mail; and
(c) provide and afford free access to officers and all such reasonable facilities as may be required by the Corporation for receiving and delivering such mail without delay at all the stopping-places concerned; and
(d) if it is practicable to convey an officer on the train or vehicle concerned, convey free of charge any officer in whose custody such mail has been placed during its conveyance, in such manner as will interfere as little as possible with his custody of such mail.
(3) In the event of any dispute arising between the Corporation and a transport operator as to what constitute reasonable requirements and reasonable facilities for the purposes of paragraph (b) or (c) of subsection (2), or as to whether or not it is practicable to convey an officer in terms of paragraph (d) of that subsection, the matter shall be referred to the Minister, whose decision shall be final.
(4) In the event of any dispute arising between the Corporation and a transport operator as to the adequacy of the remuneration offered by the Corporation for the conveyance of mail in terms of this section, the transport operator may refer the matter to the Administrative Court.
(5) Where a dispute has been referred to it in terms of subsection (4), the
Administrative Court shall determine the amount of remuneration which the Corporation shall pay in respect of the conveyance of the mail concerned.
(6) In this section-
"transport operator" means-
(a) the National Railways of Zimbabwe; or
(b) the holder of a road service permit issued in terms of the Road Motor Transportation Act [Chapter 13:10] and authorizing the holder to operate a public service vehicle as defined in that Act, other than a taxi-cab or hire-car.
24 Money orders and postal orders
(1) The Corporation may-
(a) arrange for the remittance of moneys to, from or within Zimbabwe through post offices by means of money orders;
(b) authorize the issue of money orders in the special form of postal orders.
(2) The conditions under which money orders or postal orders shall be issued and paid shall be as prescribed.
(3) Any money paid to the Corporation in respect of the issue of a money order shall form part of the income of the Corporation, and if a money order is not claimed and the remitter of that money order cannot be found within three years of the date of the issue of the money order, no liability shall attach to the Corporation in respect of the amount of that money order. 25 Lotteries and obscene matters
(1) If the Postmaster-General is of the opinion that any person is-
(a) conducting or assisting as agent or otherwise in conducting a lottery, other than a lottery promoted and conducted under the authority of a law; or
(b) dealing in indecent or obscene matter;
he may refuse to issue or pay any money order, postal order or other document authorized to be used for the purpose of remitting money through post offices in favour of any such person.
(2) Any money order, postal order or other document authorized to be used for the purpose of remitting money through post offices, the payment of which is refused in terms of subsection (1)-
(a) if issued within Zimbabwe, shall be returned to the person to whom it was originally issued or, if that person cannot be ascertained or found, shall form part of the income of the Corporation;
(b) if issued outside Zimbabwe, shall be returned to the postal authority of the country in which it was issued.
PART III
TELECOMMUNICATION SERVICES
26 Establishment, maintenance and working of telecommunication services (1) Subject to this section and the Radiocommunication Services Act [Chapter 12:04], the Corporation shall have the exclusive privilege of establishing, maintaining and working telecommunication services within, into and from Zimbabwe:
Provided that the Corporation shall not establish, maintain or work a private automatic branch exchange on behalf of any person, other than for itself or for the President, the State or the Parliament of Zimbabwe, unless the Minister has, in the public interest, directed the Corporation to establish, maintain or work that exchange. [The Supreme Court has declared that this subsection, in so far as it vests in the Corporation the exclusive privilege of establishing, maintaining and working a public mobile cellular telephone service within, into and from Zimbabwe, is inconsistent with s. 20(1) of the Constitution and, accordingly, invalid. Judgment No. S.C. 238/95 delivered on 18th December, 1995.]
(2) The National Railways of Zimbabwe may, for the purposes of operating the railway system, maintain and work to the extent authorized by this Part or the Railways Act [Chapter 13:09] a telecommunication service established in pursuance of rights conferred by that Act.
(3) A person may, subject to this Act-
(a) establish, maintain and work solely for his own use a private telecommunication service that is contained within a single building and is not connected with a telecommunication service established, maintained or worked by the Corporation; or
(b) establish and maintain a private telecommunication service such as is referred to in paragraph (a) on behalf of a person who is entitled in terms of that paragraph to establish, maintain and work such service.
(4) A person may, subject to this Act-
(a) establish, maintain and work a private telecommunication service that extends beyond a single building or is connected with a telecommunication service established, maintained or worked by the Corporation-
(i) in accordance with the prescribed conditions of a licence issued by the Corporation and on payment of the prescribed fees; or
(ii) if, in the opinion of the Corporation, it would, by reason of the circumstances governing the establishment, maintenance or working of the private telecommunication service, be impracticable or inexpedient to establish, maintain or work the private telecommunication service in accordance with the conditions of a licence such as is referred to in subparagraph (i), in accordance with the conditions fixed by the Corporation of a special licence issued by the Corporation and on payment of such fees as the Corporation, with the consent of the Minister, may fix: Provided that a licensee shall not establish or maintain a private automatic branch exchange that is connected with a telecommunication service established, maintained or worked by the Corporation unless he is an approved supplier; or
(b) establish and maintain, on behalf of a licensee, a private telecommunication service that extends beyond a single building and is not connected with a telecommunication service established, maintained or worked by the Corporation.
(5) A person who is authorized by the Corporation as an approved supplier may establish and maintain a private automatic branch exchange on behalf of a licensee.
(6) A person may work a telecommunication service of the Corporation and any apparatus or equipment necessary for working the telecommunication service that is supplied by the Corporation for his exclusive use or the exclusive use of a group of persons of which he is a member-
(a) in accordance with conditions prescribed and on payment by him or the group of persons, as the case may be, of fees, charges, deposits and costs prescribed; or
(b) if, in the opinion of the Corporation, it would by reason of the circumstances governing the working of the telecommunication service, apparatus or equipment be impracticable or inexpedient to work the telecommunication service, apparatus or equipment in accordance with conditions prescribed, in accordance with the conditions of a special agreement and on payment by him or the group of persons, as the case may be, of such fees, charges, deposits and costs as the Corporation, with the consent of the Minister, may fix.
27 Telegram service
(1) No person shall work a telecommunication service for the purpose of transmitting or delivering telegrams for members of the public except on the authority of the Minister and in accordance with such conditions relating to the transmission and delivery of such telegrams as the Minister, on the recommendation of the Corporation, may fix:
Provided that this subsection shall not apply in relation to a telecommunication service maintained and worked by the Corporation.
(2) An officer may inspect an office at or from which telegrams are accepted, transmitted or delivered by or on behalf of a person authorized to work a telecommunication service in terms of subsection (1).
28 Control of licensees, approved suppliers and persons referred to in section 26 (6)
(1) The Corporation may at any time, if it is satisfied after due inquiry-
(a) that a licensee has contravened or failed to comply with the conditions of the licence or of any of the provisions of this Act relating to telecommunication services, suspend for a period specified by the Corporation or cancel the licence issued to that licensee; or
(b) that an approved supplier is not satisfactorily establishing or maintaining private automatic branch exchanges which he has contracted to establish or maintain-
(i) impose for such period as may be specified by the Corporation conditions subject to which that person may continue to install or maintain such exchanges and that approved supplier shall comply with the conditions imposed by the Corporation; or
(ii) withdraw the approval of that person; or
(c) that a person working a telecommunication service of the Corporation referred to in subsection (6) of section twenty-six has contravened any of the provisions of this Act relating to telecommunication services-
(i) cancel the agreement, if any, under which the apparatus or equipment was supplied to that person; and
(ii) forthwith require that person to return to the Corporation its apparatus or equipment and that person shall immediately comply with that request.
(2) Any person who is aggrieved by a decision of the Corporation acting in terms of subsection (1) may appeal to the Minister in writing, giving reasons for his appeal.
(3) Before making any decision on an appeal in terms of subsection (2) the Minister shall give to all parties concerned an opportunity of making representations, either in person or in writing.
(4) On receipt of an appeal in terms of subsection (2), after considering any representations in terms of subsection (3), the Minister may confirm the decision of the Corporation or direct the Corporation to vary its decision in such manner as the Minister may specify and the Corporation shall forthwith comply with such direction.
29 Acquisition of private telecommunication lines
(1) Subject to subsection (2), the Corporation, with the consent of the President, may acquire by expropriation the whole or any part of the apparatus or equipment used in connection with a private telecommunication service maintained and worked in accordance with section twenty-six if-
(a) the licensee concerned has been convicted of contravening or failing to comply with the conditions of the licence issued by the Corporation in relation to that private telecommunication service; and
(b) in the opinion of the President it is necessary or desirable in the public interest that the Corporation should so acquire the whole or part, as the case may be, of that private telecommunication service.
(2) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the exercise by the Corporation of its powers in terms of subsection (1).
30 Acquisition of land for telecommunication purposes
(1) Subject to subsection (3), the Corporation may, with the approval of the Minister and subject to such conditions as the Minister may impose, acquire by expropriation-
(a) any land or interest in or right over land required for the purposes of constructing or maintaining a telecommunication line and the buildings and exchanges and other apparatus connected therewith;
(b) any land or interest in or right over land required for an access road to a site referred to in paragraph (a) or for the construction and use of such road and any interest in or right over land for the erection of power lines and for the maintenance and inspection of such lines.
(2) The Minister shall not grant approval in terms of subsection (1) unless he is satisfied, after consideration of a report by the Board, that-
(a) the Corporation is unable to acquire such land, interest or right upon reasonable terms by agreement with the owner; and
(b) it is necessary that such land, interest or right be acquired by the Corporation for or in connection with the construction or maintenance of the telecommunication line, buildings, apparatus or power lines, as the case may be.
(3) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the exercise by the Corporation of its powers in terms of subsection (1).
31 Entry upon land
(1) Notwithstanding section thirty, the Corporation may, subject to this section, place any telecommunication line or any structure required in connection with a telecommunication line, whether above or below ground, into, out of or across any land, including State land and land reserved for railway purposes.
(2) In the exercise of the powers conferred by subsection (1) the Corporation may, on notice to the owner or occupier of the building or structure and subject to subsection (3), attach wires, stays or any other kind of support to any building or other structure.
(3) If the owner or occupier of any land objects to the exercise of the powers referred to in subsection (1), he may lodge written notice of his objection and his reasons therefor with the Corporation and on receipt of such objection the Corporation shall refer the matter to the Minister whose decision shall be final:
Provided that an objection by a person referred to in subsection (2) shall be lodged within one month of receipt of the notice given in terms of that subsection.
(4) Before carrying out any work under, over or along any land reserved for railway purposes, other than maintenance and repair work, the Corporation shall give notice in writing to the National Railways of Zimbabwe of the work it intends to carry out.
(5) Before making any decision or order in terms of subsection (3) the Minister shall give to all parties concerned an opportunity of making representations, either in person or in writing.
(6) When, in accordance with this Act, the Corporation has been permitted to use any land or has placed a telecommunication line in position, it shall be entitled to reasonable access to such land or line for the purpose of carrying on its operations on the land or of maintaining, removing, repairing or replacing the telecommunication line.
32 Removal of telecommunication lines
(1) If, in the opinion of the Corporation, it is necessary subsequent to the construction of any telecommunication line or any pipe, tunnel or tube upon, in, over, along, across or under any land, railway, street, road, footpath or waterway, to alter or remove such telecommunication line, pipe, tunnel or tube owing to any alteration of alignment or level or any other work or operations on the part of the State or a local authority or other person, the cost of the alteration shall be borne by the State, local authority or other person, as the case may be, concerned.
(2) If the Corporation is satisfied that a building is about to be erected on any land and that any telecommunication line passing over such land will interfere with building operations, the Corporation shall, within one month of being required in writing to do so, undertake such alteration or deviation of the telecommunication line as may be necessary to remove such interference.
(3) If the Corporation is satisfied that any alteration or deviation of a telecommunication line that is desired for any reason, other than that mentioned in subsection (2), is possible, necessary or expedient, the Corporation shall, within one month of being required in writing to do so, undertake the alteration or deviation, and the cost of carrying out any such alteration or deviation shall be borne by the State, local authority or other person at whose request it is made.
(4) If by reason of-
(a) any excavation, blasting, mining or quarrying operations; or
(b) deposits of mining debris or the making of drains, railways or other cuttings or any other operations; or
(c) fumes or effluent from any fertilizer factory, cement factory, power station or other such premises; or
(d) the construction of any dam;
any telecommunication line is damaged or the safety or stability of any telecommunication line is, in the opinion of the Corporation, endangered or likely to be adversely affected, the Corporation may repair, deviate or alter such telecommunication line and the cost of such repair, deviation or alteration shall be borne by the State, local authority or other person by whom or on whose behalf the operations referred to in paragraph (a) or (b) were conducted, the premises referred to in paragraph (c) were operated or the dam was constructed, as the case may be:
Provided that, where the alterations or deviations which are necessary or expedient are, in the opinion of the Corporation, extensive, the Corporation may charge the State, local authority or other person concerned such proportion of the cost of the alteration or deviation as the Corporation, with the consent of the Minister, may deem fair or reasonable.
33 Erection of gates for access to telecommunication lines
(1) If a fence erected or to be erected on land, including State land, over which a telecommunication line is constructed or is to be constructed by the Corporation renders or would render it impossible or inconvenient for the Corporation to obtain access to that land for any of the purposes of this Act, the Corporation may, at its own expense, erect and maintain a gate in that fence.
(2) A lock shall be provided for any gate erected in terms of subsection (1) and a key for the lock shall be supplied by the Corporation to the owner or occupier of the land on which the gate is erected.
(3) Any person intending to erect a fence that would render it impossible or inconvenient for the Corporation to obtain access to any telecommunication line shall give one month's notice in writing to the Corporation of such intention.
34 Trees obstructing telecommunication lines
(1) Trees or undergrowth that, in the opinion of the Corporation, obstruct or interfere with or are likely to interfere with the working or maintenance of any telecommunication line shall, on reasonable notice by the Corporation and to such extent as the Corporation may deem necessary, be cut down or trimmed by-
(a) if the trees or undergrowth are growing on State land, other than State land which has been leased, Communal Land or a road or street, the authority responsible for the care and management of that land, road or street, as the case may be;
(b) if the trees or undergrowth are growing on land not referred to in paragraph (a), the owner or occupier of that land.
(2) The reasonable expenses incurred in cutting down or trimming trees or undergrowth in terms of subsection (1) shall be borne by the Corporation.
(3) If the authority, owner or occupier referred to in subsection (1) fails to comply with a notice given by the Corporation in terms of that subsection, the Corporation may enter upon the land, road or street, as the case may be, in question and cut down or trim the trees or undergrowth to the extent deemed necessary by the Corporation.
(4) Notwithstanding subsection (1), if the working of any telecommunication line is actually interfered with or endangered by any such trees or undergrowth, the Corporation may remove the interference or danger without giving the notice required by subsection (1).
35 Laying of telecommunication lines under streets, etc.
(1) The Corporation may, after giving reasonable notice in writing to the State or to a local authority or other person owning or having the care and management of any street, road or footpath, construct and maintain in the manner specified in the notice any telecommunication lines, pipes, tunnels or tubes required for telecommunication purposes under a street, road or footpath, and may alter or remove such telecommunication lines, pipes, tunnels or tubes.
(2) In the exercise of the powers conferred by subsection (1), the Corporation may break or open up any street, road or footpath and alter the position thereunder of any pipe, other than a main sewer or drain or gas main, and of any electric cable other than an electric main:
Provided that no alteration in the position of any such pipe or cable shall be made except under the supervision of a person appointed by the State, local authority or other person, as the case may be, to whom the pipe or cable belongs or by whom it is used, unless no such person is appointed or the person so appointed fails to supervise at the time specified in the notice for the commencement of the work or discontinues supervision during the work.
(3) The Corporation shall pay all reasonable expenses to which the State, local authority or other person may be put in connection with any alteration or removal of a pipe or cable in terms of this section or on account of any supervision thereof.
36 Powers to be exercised with care and compensation for damage
(1) In the exercise of the powers conferred by this Part, the Corporation shall cause as little detriment and inconvenience and do as little damage as possible, and shall pay compensation to any person who suffers loss or deprivation of rights by reason or in consequence of the exercise of the powers conferred by this Part.
(2) Parts V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the payment of compensation in terms of subsection (1):
Provided that any reference in Part VIII of that Act to the date of the publication of a preliminary notice in the Gazette shall be read and construed as a reference to the date of the exercise by the Corporation of the powers referred to in subsection (1).
(3) On completion of any work in connection with the construction, maintenance or repair of a telecommunication line, the Corporation shall promptly restore the surface of any street, road, footpath, land or railway affected thereby as nearly as reasonably possible to the same condition as that in which it was before such work was commenced.
(4) While any street, road or footpath is opened, broken up or otherwise obstructed by the exercise of the powers conferred by this Part, the Corporation shall cause the obstruction to be fenced or guarded and during the night lighted.
37 Height and depth of telecommunication lines
(1) Aerial telecommunication wires and cables shall be carried over land at such height from the surface of the ground as may be prescribed.
(2) An underground telecommunication line that is not carried in a pipe or trough shall be placed such distance below the surface of the ground as may be prescribed.
(3) If the owner of any land proves to the satisfaction of the Corporation that he is obstructed in the use of the land by reason of the insufficient height or depth of any telecommunication line, the Corporation shall, subject to sections thirty-two and thirty-four, take such steps as it considers necessary for the removal of such obstruction.
38 Notice of construction of railways and electricity works and control of other works
(1) Any person who desires to construct or extend any railway or any works for the supply or transmission of light, heat or power by means of electricity shall- (a) give one month's notice in writing to the Corporation of his intention to commence such construction or extension; and
(b) furnish the Corporation with a plan of the proposed railway or works, together with particulars showing the manner and position in which the railway or works are intended to be constructed or extended and carried on and such further information as the Corporation may require:
Provided that this subsection shall not apply to the construction or extension of works or lines for the supply or transmission of electricity of a voltage specified by the Minister by statutory instrument.
(2) If it appears to the Corporation that-
(a) the operation of or the equipment to be used in connection with a railway or works referred to in subsection (1) is likely to affect injuriously or interfere with the work or maintenance of a telecommunication line or the carrying on by the Corporation of a telecommunication service; or
(b) any telecommunication line is being affected injuriously or interfered with by the construction or operation of or the equipment used in connection with- (i) a railway or work referred to in subsection (1); or
(ii) any railway works or other operations whatsoever;
the Corporation shall notify in writing the person constructing or operating the railway or works of the action which that person is required to take in order to remedy or prevent the injury or interference.
(3) A person referred to in subsection (2) who, after receipt of notice in terms of that subsection, proceeds with such construction or equipment or continues to operate the railway or works without complying with the terms of that notice shall be liable- (a) to a penalty of ten dollars for each day on which such failure to comply with the terms of that notice continues; and
(b) for all loss and damage caused to the Corporation by his failure to comply with the terms of that notice.
(4) Any penalty payable in terms of subsection (3) shall be payable to the Corporation and may be recovered by the Corporation by action in a court of competent jurisdiction.
39 Precedence of telegrams
(1) Subject to subsections (3) and (4), telegrams shall, as far as practicable, be transmitted in the order in which they are received by the Corporation.
(2) Telegrams-
(a) relating to-
(i) the preservation of the peace in Zimbabwe or any other country; or (ii) the arrest of criminals, the discovery or prevention of crime or any other matter connected with the administration of justice; or
(b) which are sent by or on behalf of the State and which are required to take precedence; shall have precedence over all other telegrams.
(3) Nothing in subsection (1) shall be deemed to prevent precedence being given to any class of telegrams under such conditions and upon payment of such special rates as may be prescribed.
(4) No person shall be permitted to occupy a telecommunication line in such a manner as unreasonably to impede the transmission of other telegrams.
40 Rejection of telegrams and communications
Any telegram or communication that, in the opinion of the Postmaster-General, contains anything which is-
(a) of a blasphemous, indecent, obscene, offensive or defamatory nature; or
(b) repugnant to law or decency; shall be refused transmission.
41 Officer not liable for transmission of defamatory matter
No liability shall attach to any officer or the Corporation by reason of the officer having, in the course of duty, transmitted or conveyed or taken part in transmitting or conveying a communication or telegram that contains any defamatory matter.
PART IV
OFFENCES
42 Authority required for institution of certain criminal proceedings
Where any person is brought before a court on a charge of- (a) committing an offence in terms of this Act; or
(b) attempting to commit or inciting another person or conspiring with another person to commit an offence in terms of this Act; or
(c) being an accessory after the fact to the commission of the crime of committing an offence in terms of this Act;
in respect of which offence the only penalty provided is imprisonment without the option of a fine, no further proceedings in respect thereof shall be taken against him without the authority of the Attorney-General or the Director of Public Prosecutions except such as the court may think necessary by remand to secure the due appearance of the person charged.
43 Contravention of exclusive privilege of Corporation
Any person who-
(a) save as otherwise provided by or under this Act, performs in relation to any letter any act within the exclusive privilege conferred upon the Corporation by subsection (1) of section three; or
(b) sends, tenders or delivers any letter to be dealt with otherwise than in accordance with section three;
shall be guilty of an offence and liable to a fine not exceeding fifty dollars or, in default of payment, to imprisonment for a period not exceeding one month for every such letter in respect of which the offence was committed. 44 Offences in relation to insufficiently stamped postal articles
If a person mentioned in subsection (2) of section seventeen or his agent, after delivery of the postal article to him in terms of subsection (2) of section seventeen, fails to pay the charge due, to make known the name and address of the sender or to redeliver the postal article or portion thereof, he shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or, in default of payment, to imprisonment for a period not exceeding twelve months.
45 Forgery of stamps and money orders, etc.
(1) Any person who, without due authority or lawful excuse- (a) makes, alters or reproduces-
(i) any postage stamp, date stamp, card, envelope, wrapper, cover, money order or postal order or any other warrant or order for the payment of money through the Corporation; or
(ii) any form similar to that used or made under the authority or for the purposes of this Act or by any postal authority; or
(b) uses, issues, offers, exposes for sale, sells, deals in, sends by post or otherwise disposes of or has in his custody or possession any postage stamp, date stamp, card, envelope, wrapper, cover, money order or postal order or any other warrant or order for the payment of money through the Corporation, form or paper, knowing it to have been made, altered or reproduced in contravention of paragraph
(a); or
(c) engraves or in any other way reproduces upon any plate or material whatever any stamp, mark, figure or device in imitation of or resembling any stamp, mark, figure or device used or made for the purposes of this Act or by any postal authority; or
(d) sells or otherwise disposes of, purchases, receives or has in his custody or possession any plate or material whatever engraved or upon which any reproduction has been made in contravention of paragraph (c); or
(e) makes or has in his custody or possession any mould, frame or other instrument capable of being used to make a postage stamp; or
( f ) sells or otherwise disposes of, or has in his custody or possession any paper provided or made for the purpose of being used for postage stamps or for any other purposes of this Act or the repealed Act or by any postal authority before such paper has been issued for public use; or
(g) makes use of any stamp, die or plate engraved or made or paper made for the purposes of this Act or the repealed Act or by any postal authority; or
(h) sells or otherwise disposes of, purchases, receives or has in his custody or possession any paper or material whatever bearing any impression or mark of any such stamp, die or plate as is referred to in paragraph (g) or paper engraved or made for the purposes of this Act or by any postal authority; or
(i) makes on any envelope, wrapper, card, form or paper any mark in imitation of or similar to or purporting to be any stamp or mark used for the purposes of this Act or by any postal authority; or
( j) writes or reproduces in any other manner whatsoever upon any article any word, letter, device or mark that signifies or implies or is likely to signify or
imply that such article has been or is entitled to be sent through the post; shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.
(2) A court convicting a person of an offence in terms of subsection (1) shall declare any stamp, die, plate, instrument or material found in the possession of that person or in respect of which the offence was committed to be forfeited to the State.
46 Offences in relation to postage stamps and post marks
(1) Any person who-
(a) with intent to defraud-
(i) removes any postage stamp from any article sent by post or any telegram or from any document used for the purposes of this Act; or
(ii) removes from any postage stamp that has previously been used any mark or impression that has been made thereon at any post office for the purposes of this Act; or
(iii) uses, utters or puts off any postage stamp that has previously been used; or
(iv) erases, cuts, scrapes, defaces, obliterates, adds to or alters any mark or impression upon any postal article, money order, postal order or other warrant, order, paper or material whatsoever provided, used or made for the purposes of this Act or by any postal authority; or
(v) sends or causes to be sent by post any article that falsely purports to be exempt from postage in terms of this Act; or
(b) sells any postage stamp from which any mark or impression put thereon at any post office for the purposes of this Act has been removed; shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
(2) For the purposes of subsection (1), the sender of a postal article to which a postage stamp is affixed shall, until the contrary is proved, be deemed to have affixed that postage stamp to that postal article.
47 Offences in relation to mails or postal articles
(1) Any person authorized to receive or in any way handle any mail or postal article who-
(a) negligently loses or wilfully detains, delays, misdelivers or omits to dispatch any mail or postal article; or
(b) unlawfully communicates or divulges the contents of any postal article; or
(c) while in charge of any mail or postal article-
(i) permits any unauthorized person to have access to such mail or postal article; or
(ii) loiters or wilfully mis-spends time and thereby delays the arrival of such mail or postal article at its proper destination; or
(d) through negligence or misconduct, endangers the safety of any mail or postal article; or
(e) gives false information of an assault upon him or of theft or attempted theft from him at a time when he was in charge of mail or a postal article; or ( f ) without due authority, collects, receives, removes, intercepts or delivers any postal article otherwise than in the ordinary course of his duties; or (g) without due authority or otherwise than in the course of his duties, date-stamps or otherwise marks any letter, postcard, printed paper, newspaper, pattern, sample, parcel or other article so as to indicate that such article is in the course of transmission by post or has been received by a post office for transmission; shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
(2) Subject to subsection (3), any person who-
(a) makes any false statement as to the contents of any postal article; or
(b) sends or knowingly causes to be sent by post-
(i) any article in or upon which there is any indecent or obscene matter or anything of a profane, defamatory or grossly offensive character; or
(ii) correspondence dealing with a fraudulent or immoral business or undertaking or
(iii) aphrodisiacs or correspondence relating thereto; or
(c) without due authority, places any placard in or against or paints anything upon any post office; or
(d) wilfully injures, disfigures or tampers with any post office or any card, notice or other property of or which is being used by or on behalf of the Corporation; or
(e) wilfully detains or keeps any mail or postal article that ought to have been delivered to another person; or
( f ) by any false representation, induces any officer to deliver to him or to any other person any postal article not addressed to or intended for him or such other person;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
(3) Subsection (2) shall not apply in relation to any aphrodisiac or correspondence relating thereto which is sent by post in accordance with the proviso to paragraph (e) of subsection (1) of section eleven. 48 Theft of and tampering with mail
Any person who-
(a) steals any mail; or
(b) steals from any post office or from the custody or possession of any officer or person conveying mail any postal article or any of the contents of a postal article; or
(c) unlawfully destroys any postal article or any of the contents of a postal article; or
(d) receives any mail or postal article or any of the contents of a postal article knowing it to have been stolen; or
(e) stops any vehicle, train or vessel with intent to steal or unlawfully to search the mail; or
( f ) unlawfully opens or tampers with or secretes any postal article;
shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.
49 Transmission or use of dangerous substances (1) Subject to subsection (2), any person who-
(a) sends in or with any postal article; or (b) puts into or against any post office;
any fire, match or light or any explosive, dangerous, noxious or deleterious substance or fluid shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years:
Provided that, in the case of a person who sends in or with any postal article any device, substance or fluid which is designed to cause injury to any person, he shall be liable to imprisonment for a period not exceeding twenty years.
(2) Subsection (1) shall not apply to any noxious or deleterious substance or fluid sent in the interests of public health in accordance with prescribed conditions.
50 Offence of unauthorized notice as to reception of letters, etc.
Any person who, without the authority of the Corporation, places or maintains in or on any house, wall, door, window, box, pillar or other place-
(a) the words "Post Office" or "Post and Telegraph Office"; or
(b) the words "Letter Box" accompanied with a word, letter or mark that signifies or implies or is likely to signify or imply that it is a post box; or
(c) any word or letter that signifies or implies or is likely to signify or imply that any house or place is a post office or that any box is a post box; shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
51 Trespass in or upon post offices or telephone exchanges
(1) Any person, other than an officer, who-
(a) without the permission of the Corporation or of an officer having authority to give such permission, enters-
(i) any part of a post office that is not open to the public; or
(ii) any premises on which there is a telephone exchange worked by the
Corporation;
or
(b) behaves in a disorderly manner- (i) in a post office; or
(ii) in any premises on which there is a telephone exchange worked by the
Corporation;
or
(c) wilfully obstructs, hinders or delays any officer in the execution of his duty;
shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(2) Any person contravening paragraph (a) or (b) of subsection (1) who, on being required so to do by an officer, fails to leave the post office or telephone exchange immediately may be removed by an officer and any police officer shall, on being so requested by an officer, remove or assist in removing any such person. 52 False entries relating to mail and fraudulent use of official mark
(1) Any officer who is required to keep a record relating to mail and who fails to keep such record or makes a false entry in such record or erases or alters any entry in such record shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(2) Any officer who, with intent to defraud, puts any incorrect official mark on a postal article shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
53 Offences relating to money orders, etc.
Any person who, with intent to defraud-
(a) issues, reissues, utters or puts off or presents to any other person or at any post office any money order, postal order or other warrant, order or document for the remittance, collection or deposit of money through or with the Corporation; or (b) sends by post or otherwise any letter, telegram or other communication or message concerning any money order, postal order or other warrant, order or document for the remittance, payment, collection or deposit of money through or with the Corporation;
shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.
54 Offences relating to telegrams
(1) Any person who-
(a) with intent to defraud, takes any telegram from the possession of an officer or other person having the custody thereof for the Corporation or from a post office or telegraph office; or
(b) steals, secretes or destroys a telegram or any part thereof; or
(c) receives a telegram or any part thereof knowing it to have been stolen; or
(d) forges a telegram or utters a telegram knowing it to be forged or the information contained therein to be false; or
(e) transmits by telegraph service as a telegram any message or communication that he knows to be forged or false;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2) Any officer who-
(a) except as a witness in any court or in pursuance of his duty, without the consent of the sender or receiver, opens or tampers with or reproduces or divulges the contents or substance of a telegram or discloses its existence to a person other than the sender or otherwise than by delivering the telegram or giving a copy of it to the person to whom he is authorized to deliver the telegram or give such copy; or (b) makes use for his own purposes of any knowledge he may acquire of the contents of a telegram; or
(c) wilfully misdelivers a telegram; or
(d) wilfully mistimes, intercepts or prevents the delivery or transmission of a telegram; or
(e) wilfully or negligently omits to transmit or deliver or impedes or delays the delivery or transmission of a telegram;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(3) Any person, knowing or having reason to believe that a telegraph service has been established or is maintained or worked in contravention of this Act, who transmits or receives any message by such telegraph service or performs any service incidental thereto or delivers any message for transmission by such telegraph service shall be guilty of an offence and liable to a fine not exceeding fifty dollars or, in default of payment, to imprisonment for a period not exceeding one month.
55 Offensive or false telephone messages
Any person who-
(a) sends by telephone any message that is grossly offensive or is of an indecent, obscene or threatening character; or
(b) sends by telephone any message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or
(c) makes any telephone call without reasonable cause for the purpose of causing annoyance, inconvenience or needless anxiety;
shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
56 Unauthorized construction or use of telecommunication lines
(1) Any person who-
(a) establishes, maintains or works a telecommunication service otherwise than in accordance with section twenty-six; or
(b) fails to comply with any notice in writing from the Corporation requiring him-
(i) to cease to establish a telecommunication service which is being established; or
(ii) to remove any telecommunication service which has been established; or
(iii) to cease to maintain or work any telecommunication service which is being maintained or worked;
otherwise than in accordance with section twenty-six;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
(2) A court convicting a person of an offence in terms of subsection (1) may order that the whole or any part of the telecommunication line which is the subject of the offence shall be forfeited to the State or shall be dismantled or destroyed by the Corporation as the court thinks fit.
57 Wilful damage to or interference with telecommunication line
(1) Any person who-
(a) wilfully destroys, injures or removes any telecommunication line belonging to or used by the Corporation; or
(b) wilfully disturbs, obstructs or impedes in any way the free use or working of any telecommunication line belonging to or used by the Corporation; or (c) affixes or attaches any wire conductor or any other thing to any telecommunication line belonging to or used by the Corporation without the authority of the Corporation; or
(d) interferes with or hinders the construction, alteration, restoration, maintenance or examination by the Corporation of any telecommunication line; or
(e) without lawful excuse, inserts into a public telephone apparatus for the purpose of making a call or otherwise any object other than a coin which is lawful currency in Zimbabwe;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
(2) Any person who sees any other person committing or attempting to commit an offence in terms of subsection (1) may, without warrant, arrest that other person.
(3) A person who arrests another person in terms of subsection (2) shall forthwith notify that other person of the cause of the arrest.
(4) A person arrested in terms of subsection (2) shall as soon as possible be brought to a police station or charge office and there, subject to the provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] relating to the release of arrested persons on bail, be detained until a warrant is obtained for his further detention upon a charge or until he is released by reason that no charge is preferred against him.
(5) No person arrested in terms of subsection (2) shall be detained for a longer period than forty-eight hours unless a warrant for his further detention is obtained. 58 Interception of communications
Any person who-
(a) otherwise than in accordance with any by-laws made in terms of section seventy-four-
(i) affixes or attaches any wire conductor to; or
(ii) places any electromagnetic, electrostatic, acoustic or other device capable of intercepting messages in or near;
a telecommunication line belonging to or used by the Corporation or any instrument or apparatus connected to such a telecommunication line; or (b) unlawfully intercepts or monitors any telephone call;
shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.
59 Impersonation of officer
Any person who, with intent to defraud, by words, conduct or demeanour pretends he is an officer shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
60 False declarations
Any person who, in any declaration required to be made under this Act, makes any statement which he knows to be false or does not know or believe to be true shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
61 General penalties
Any person who contravenes any provision of this Act or makes default in complying with a provision of this Act with which it is his duty to comply, where such contravention or default is not elsewhere in this Act declared to be an offence, shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
62 Sufficiency of allegations in indictment
In any indictment, summons or charge relating to any offence committed in respect of-
(a) the Corporation or any officer; or
(b) any mail or telegram or any property or moneys belonging to or used by the Corporation; or
(c) any money order, postal order or other document authorized by or under this Act to be used for the purpose of remitting, paying, collecting or depositing money through or with the Corporation; or
(d) anything done or committed with a fraudulent intent relating to or concerning the Corporation or an officer or any mail, telegram, property, moneys, money order, postal order or other document referred to in paragraph (b) or (c); it shall be sufficient-
(i) to allege that any such mail, telegram, property, moneys, money order, postal order or other document belongs to or is or was in the lawful possession of the Corporation; or
(ii) to allege that such thing was done with intent to defraud the Corporation; or
(iii) if the offender is or was an officer, to allege that the offender was an officer of the Corporation at the time of committing the offence.
63 Extra-territorial application of sections 10, 11 and 49
Sections ten, eleven and forty-nine shall apply in respect of any act which constitutes an offence in terms of the said sections and is committed outside Zimbabwe by a person who sends the postal article concerned to an address within Zimbabwe.
PART V
GENERAL
64 Corporation to comply with direction
In carrying out its powers in terms of this Act the Corporation shall comply with any directions given to it in terms of section 24 or 25 of the Corporation Act and section 40 of the Corporation Act shall apply, mutatis mutandis.
65 Reference to Postmaster-General to include reference to authorized officer (1) Any reference in this Act to the Postmaster-General shall be read and construed as including a reference to any other officer who has been authorized in writing by the Postmaster-General to exercise the function referred to in the provision in which such reference is contained.
(2) In issuing any authority referred to in subsection (1) the Postmaster-General may specify conditions subject to which the function shall be carried out by the officer concerned, and such officer shall comply with such conditions. 66 Acquisition of Communal Land or right or interest therein
Notwithstanding anything to the contrary contained in this Act, the Corporation shall not have power to acquire, whether compulsorily or by agreement, any Communal Land or any right over or interest in Communal Land, otherwise than in accordance with the Communal Land Act [Chapter 20:04].
67 Forfeiture of apparatus or equipment
If a person referred to in subsection (3) of section twenty-six or a licensee is convicted of contravening or failing to comply with a provision of Part III or any bylaws made in terms of this Act relating to telecommunication services, the court may order that the apparatus and equipment used in connection with the telecommunication service shall be forfeited to the State. 68 Evidence in proceedings for recovery of fees due
In any legal proceedings for the recovery of any sum payable under this Act in respect of a postal article-
(a) the official stamp or mark thereon denoting the sum due shall be prima facie evidence that such sum is due in respect of the postal article;
(b) the production of such postal article having thereon a post office stamp or mark denoting that delivery of the postal article has been refused or that the person to whom it is addressed is dead or could not be found shall be prima facie evidence of such fact;
(c) the person from whom the postal article purports to have come shall, until the contrary is proved, be deemed to be the sender thereof.
69 Evidence of telegrams
The transcript of a transmitted telegram that purports to have been stamped or initialled by an officer shall be admissible in any judicial proceedings as prima facie evidence of the contents of the original telegram left for transmission and of such original telegram having been signed and delivered for transmission by the person by whom it purports to be signed.
70 Non-liability of Corporation, officers and carriers of mail
(1) Save as is otherwise provided in this Act, no legal proceedings shall be capable of being instituted against the Corporation or against the Postmaster-General or any other officer by reason of-
(a) any error, default, delay, omission, damage, destruction, non-delivery, non-transmission or loss, whether negligent or otherwise, in respect of any postal article or telegram; or
(b) anything lawfully done under this Act or any other law; and the bona fide payment of any sum of money under this Act shall, to whomsoever made, discharge the Corporation, the Postmaster-General and the officer by whom any such payment was made from any liability in respect of any such payment, notwithstanding any forgery, fraud, mistake, neglect or delay that may have been committed or have occurred in connection therewith:
Provided that nothing in this section shall be construed as exempting the Corporation or any officer from liability for damage or loss caused to any person by reason of fraud, theft or other dishonesty on the part of such officer in relation to his official duties, except that such liability in the case of loss of postal articles shall not exceed one hundred and twenty dollars.
(2) Where any legal proceedings are instituted against a person carrying mail on behalf of the Corporation, the liability of that person for damage or loss caused to any person shall not exceed the liability, if any, which would have been incurred by the Corporation if the mail were being carried by the Corporation at the time and the person responsible for the damage or loss were an officer.
71 Exemption from duty
Any-
(a) money order, postal order or other document authorized by or under this Act to be used for the purposes of remitting money through the Corporation; or (b) document authorized by or under this Act to be used for the purpose of collecting money through the Corporation; or
(c) warrant or other order for the payment of money, acknowledgement of the receipt of money or other document provided for or required under this Act; shall be exempt from any stamp duty or other fee or duty payable under any other enactment.
72 Detention or surrender of postal articles or telegrams in connection with criminal proceedings
The officer in charge of a post office or telegraph office shall detain any postal article or telegram-
(a) which he suspects of containing anything that will afford evidence of the commission of a criminal offence or which he suspects of being sent in order to further the concealment of the commission of a criminal offence; or
(b) which he is requested by a commissioned police officer to detain on the ground that that police officer suspects it of containing anything that will afford evidence of the commission of a criminal offence or that he suspects it of being sent in order to further the concealment of the commission of a criminal offence; and, if so authorized by the Attorney-General or the Director of Public Prosecutions, that officer in charge shall cause the postal article or telegram to be handed over to such person as may be specified by the Attorney-General or the Director of Public Prosecutions:
Provided that where, in the opinion of the Postmaster-General, by reason of the possibility of injury to any person or property, urgency or other good cause, it is necessary that the postal article or telegram be delivered to a police officer as soon as is possible, the Postmaster-General shall cause the postal article or telegram to be handed over to a police officer and shall forthwith inform the Attorney-General in writing thereof.
73 Powers of President to give directions
If, in the opinion of the President, it is necessary in the interests of public security or the maintenance of law and order, he may give to the Postmaster-General a direction in terms of subsection (7) of section 24 of the Corporation Act that-
(a) any postal article or class of postal articles or any telegram or class of telegrams shall be intercepted or detained and shall be delivered to an employee of the State specified in the direction to be disposed of in such manner as the President may direct; or
(b) any communication or class of communications transmitted by means of a telecommunication service shall be intercepted or monitored in a manner specified in the direction; or
(c) any telecommunication service established, maintained or worked by the Corporation or any class of such telecommunication service shall be suspended or that such telecommunication service shall be suspended in respect of a person named in the direction.
74 Regulatory powers of Corporation
(1) Subject to subsections (4) and (5), the Corporation may make by-laws prescribing all matters that by this Act are required or permitted to be prescribed or that, in the opinion of the Corporation, are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) By-laws made in terms of subsection (1) may provide for-
(a) the management of post offices and postal and telecommunication services;
(b) the rates of postage payable on postal articles and the scales of weights according to which such rates shall be paid;
(c) the prepayment of postage on postal articles;
(d) the franking of postal articles sent by or on behalf of the State;
(e) the payment of late charges;
( f ) railway, airways or vessel letter-post;
(g) the payment of additional charges in connection with postal articles that are incorrectly posted or in respect of which postage is not prepaid or is insufficiently prepaid;
(h) the redirection of postal articles and the transmission by post of postal articles so redirected free of charge or subject to a prescribed charge;
(i) the transmission of articles that may be sent by post as printed papers, small packets, newspapers, literature for the blind and parcels;
( j) the renting of private boxes and the purchase or hire of private mail bags;
(k) the supply, sale and use of postage stamps and in so doing provide for-
(i) the prices at which postage stamps may be sold;
(ii) the classes of postal articles in respect of which postage stamps shall be used for the payment of postage or other sums payable under this Act;
(iii) the conditions subject to which postage stamps, including perforated or defaced postage stamps, may be accepted or refused in payment of postage or any other sum;
(iv) the regulation of and the measures to be taken in connection with the supply, sale and custody of postage stamps;
(v) the persons by whom, and the conditions subject to which, postage stamps may be sold;
(vi) the duties and remuneration of persons authorized to sell postage stamps;
(vii) the conditions of sale of International reply coupons;
(l) the transmission and delivery of postal articles and in so doing provide for-
(i) the measures to be taken to prevent the sending and delivery of postal articles in contravention of sections ten and eleven;
(ii) the granting of certificates of posting and delivery of postal articles; (iii) the covers, forms, dimensions and weights of and enclosures in postal articles;
(iv) the manner in which postal articles may be used for making communications;
(v) the conditions governing the delivery and manner of delivery of postal articles, including the delivery of postal articles to receptacles or letter boxes referred to in paragraph (m);
(m) the installation of letter boxes or receptacles by members of the public for the purpose of the delivery to them of postal articles and the disposal of postal articles addressed to members of the public who fail to install in the prescribed manner letter boxes or receptacles of a type approved by the Postmaster-General; (n) the registration of postal articles and in so doing provide for-
(i) the classes of postal articles that may be registered;
(ii) the maximum amount for which a postal article may be registered; (iii) the amount payable as compensation for the loss of a registered postal article or its contents;
(iv) the charges to be paid for registration;
(o) the insurance of postal articles and in so doing provide for- (i) the classes of postal articles that may be insured;
(ii) the maximum amount for which a postal article may be insured; (iii) the amount payable as compensation for the loss of an insured postal article or its contents;
(iv) the charges to be paid for insurance;
(p) the acceptance and the handling of cash on delivery postal articles and in so doing provide for-
(i) the classes of postal articles that may be sent as cash on delivery postal articles;
(ii) the maximum amount that may be recovered by a post office on delivery of a cash on delivery postal article;
(iii) the form of declaration to be made by senders of cash on delivery postal articles;
(iv) the charges to be paid in respect of cash on delivery postal articles; (q) the disposal of postal articles that cannot be delivered and in so doing provide for-
(i) the period during which undelivered postal articles at a post office shall be retained at that post office;
(ii) the manner of disposal of undelivered postal articles;
(r) a money order service and in so doing provide for- (i) the maximum amount for which money orders may be issued;
(ii) the period during which money orders shall remain current;
(iii) the rates of commission or the charges to be charged on and in respect of money orders;
(s) a postal order service and in so doing provide for- (i) the rates of commission to be charged on postal orders;
(ii) the manner in which and the conditions subject to which postal orders may be issued, paid and cancelled;
(t) the issue of licences authorizing the establishment, maintenance and working of private telecommunication services such as are referred to in subsection (4) of section twenty-six and in so doing provide for-
(i) the conditions governing the establishment, maintenance and working of private telecommunication services to be contained in the licences;
(ii) the charges to be paid in connection with the issue of the licences and the working of the private telecommunication service;
(iii) the conditions governing the authorization of approved suppliers; (iv) the circumstances where a private automatic branch exchange shall not be permitted;
(u) the conditions subject to which telecommunication services, apparatus and equipment such as are referred to in subsection (6) of section twenty-six shall be worked and in so doing make, with such modifications as circumstances may require, like provision to that which may be made in terms of subparagraphs A to F of subparagraph (ii) of paragraph (v) in connection with telephone and telex services; (v) the establishment, maintenance, working and conduct of all or any telecommunication services established, maintained or worked by the Corporation and in so doing-
(i) provide in connection with telecommunication services that are not telecommunication services referred to in subsection (6) of section twenty-six or telephone or telex services for-
A. the rates at which and the conditions and restrictions subject to which messages shall be transmitted by telegraph service;
B. the rates at which and the conditions and restrictions subject to which messages transmitted by telegraph service shall be delivered;
C. the order of precedence of messages sent by telegraph service and the method of disposal of unclaimed and undelivered telegrams;
D. the measures to be taken to prevent the improper interception or disclosure of messages sent by telegraph service;
E. the period for which and the conditions subject to which telegrams and documents relating to telegrams that are in the custody of telegraph offices shall be preserved;
F. the charges for searching for telegrams or documents relating to telegrams that are in the custody of telegraph officers;
(ii) provide in connection with telephone and telex services for-
A. the conditions subject to which persons may use or avail themselves of telephone and telex services and facilities connected therewith;
B. the supply, installation, maintenance and repair of such apparatus and equipment as may be necessary for the purposes of affording persons the use of telephone and telex services and facilities connected therewith and, if the nature of the apparatus or equipment so requires, for the working of the apparatus or equipment by the Corporation;
C. the conditions subject to which apparatus and equipment referred to in subparagraph B shall be supplied, installed, worked, whether by the Corporation or otherwise, maintained and repaired;
D. the deposits and charges to be paid in connection with the supply, installation, working by the Corporation, maintenance and repair of apparatus and equipment referred to in subparagraph B and generally in connection with the use of telephone and telex services and facilities connected therewith;
E. the forfeiture of deposits referred to in subparagraph D and the payment of sums to meet losses in income occasioned by the default of a person to whom apparatus or equipment referred to in subparagraph B is supplied or on whose behalf or request it is installed and to meet the costs of work done for the purpose of installation and like costs when apparatus or equipment supplied to or installed on behalf of or at the request of a person is removed before the expiration of a period prescribed by or fixed in terms of by-laws or, as the case may be, is not supplied or installed owing to the default of the person;
F. the varying, exclusion or substitution, with the agreement of a person to whom a telephone or a telex service or facilities connected therewith are afforded or by whom such a service or facilities are used, of any provision of by-laws prescribing a condition or relating to a matter referred to in subparagraphs A to E in respect of the supply to him or the installation, maintenance, working, repair or use of apparatus or equipment by him or on his behalf or at his request;
(w) the protection from interference or injury by works and lines for the supply of light, heat or power by means of electricity of telecommunication services established, maintained or worked by the Corporation and by persons authorized or licensed in terms of this Act to establish, maintain or work telecommunication services and in so doing provide for the varying, exclusion or substitution, with the agreement of a person by whom such works or lines are established or operated, of any provision of by-laws providing for the protection of such telecommunication services from interference or injury which may be applicable to the person;
(x) the giving of such access to buildings and the furnishing of such places, facilities and fittings in buildings by the owners of buildings as may be necessary for the purpose of installing, maintaining and repairing apparatus and equipment used or to be used in connection with telecommunication services within the building;
(y) the times at which, the manner in which and the persons by whom the prices, rates, charges, deposits and costs referred to in this Act shall be paid. (3) The Corporation may, in the exercise of the power conferred upon it by subsection (1)-
(a) make different provision for different classes of post offices, buildings, postal and telecommunication services, telegrams, postage stamps, postal articles, money orders, postal orders, private boxes, letter boxes and receptacles to facilitate the delivery of postal articles;
(b) include provisions with respect to-
(i) radio stations worked by the Corporation in terms of the
Radiocommunication Services Act [Chapter 12:04];
(ii) radiocommunication services carried on by the Corporation; whether in conjunction with a telecommunication service or otherwise; (c) provide for the imposition of penalties not exceeding five hundred dollars or, in default of payment, imprisonment for a period not exceeding six months for contraventions of the by-laws;
(d) provide for the waiving of the payment or the remission of charges, deposits or costs payable in terms of by-laws.
(4) By-laws made in terms of subsection (1) shall not have effect until they have been approved by the Minister and published in a statutory instrument:
Provided that the approval of the Minister shall not be required in the case of any bylaws the effect of which is solely to alter the rates of postage in order to conform with changes to postal rates made by countries outside Zimbabwe.
(5) The Minister shall not approve any by-laws made in terms of subsection (1) which prescribe or fix prices, rates or charges for the purposes of by-laws made in terms of subsection (1) without the consent of the Minister responsible for finance:
Provided that the consent of the Minister responsible for finance shall not be required in the case of any by-laws the effect of which is solely-
(a) to alter any prices, rates or charges in order to conform with changes made by countries outside Zimbabwe; or
(b) to fix charges and costs in connection with the supply, installation, working, maintenance or repair or any work done for the purposes of the installation of apparatus or equipment supplied, installed, worked, maintained or repaired by the Corporation.
(6) Nothing in this section shall be construed as-
(a) precluding the Corporation from providing in by-laws for the removal at any time by the Corporation of apparatus or equipment installed for the purpose of working any telecommunication service and its substitution by different apparatus or equipment in respect of which different fees, deposits or charges, including installation charges, are payable;
(b) conferring any right on a person to be supplied with or to be afforded the use of any telecommunication service or facilities connected therewith or apparatus or equipment necessary for that purpose.
Last modified on Tuesday, 19 November 2013 12:58
