Postal Services Amendment Act 33 of 2003

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33 of 2003

GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.)
(Assented to 9 July 2004.)

Act

to amend the Postal Services Act, 1998, so as:
- to provide anew for the application for and the issue of a licence to provide reserved postal services; and
- to provide anew for the requirements to provide a courier service in respect of unreserved postal services; and
to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Amendment of section 16 of Act 124 of 1998

1. Section 16 of the Postal Services Act, 1998 (hereinafter referred to as the principal Act): is hereby amended by-

(a) the substitution for subsection (2) of the following subsection:

“(2) Subject to [subsections (3) and (5)] subsection (3), no application may be entertained to provide a reserved postal service unless such application is lodged pursuant to and in accordance with an invitation issued by the Minister in the Gazette.”;

(b) the substitution in subsection (4) for the words in paragraph (a) preceding subparagraph (i) of the following words:

“A reserved postal service of the postal company contemplated in this section[, excluding a courier service in respect whereof the postal company must be licensed or registered separately,] may be provided by a wholly-owned subsidiary of the postal company, without such subsidiary being required to hold a licence in terms of this Act, if-”;

(d) the substitution for subsections (9) and (10) of the following subsections, respectively:

“(9) The licences contemplated in subsections (1) and (3) [and (5)] must be granted on terms and conditions consistent with the objects of this Act to be determined by the Minister and stated in the licence.

(10) [The] After a licence contemplated in subsection (1) or (3) has been issued, the Minister must make known the terms and conditions 25 [contemplated in subsection( 8)] applicable to such licence by notice in the Gazette.”.

Amendment of section 22 of Act 124 of 1998

2. Section 22 of the principal Act is hereby amended by the substitution for paragraph (d) of the following paragraph:

“(d) A person may not be registered to provide a courier service in terms of this section unless that person undertakes-

(i) to receive, collect and deliver items contemplated in item 1(b) of Schedule 2; [or]

(ii) [to render any service contemplated in subparagraphs (ii) to (v) of (section 16(5)(d),in respect of items contemplated in item 1(b) of Schedule 2] to track and trace the‘whereabouts of any item received or collected for delivery by such person’s business undertaking;

(iii) to deliver items within a definite time, in the case of deliveries across international borders;

(iv) to deliver items within the Republic at the latest by 13:00 on the first working day after receipt thereof; and

(v) to clear items through customs. where applicable.”.

Short title

3. This Act is called the Postal Services Amendment Act, 2003.

Commencement

14 July 2004

Postal Services Amendment Act 33 of 2003