Post Office Act, 1958

Act 44 of 1958

This is the version of this Act as it was from 1 April 1998 to 31 May 1998. Read the latest available version.
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Act 44 of 1958
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South Africa

Post Office Act, 1958

Act 44 of 1958

  1. [Amended by Finance Act, 1959 (Act 80 of 1959) on 6 July 1959]
  2. [Amended by Finance Act, 1961 (Act 76 of 1961) on 7 July 1961]
  3. [Amended by Post Office Amendment Act, 1962 (Act 50 of 1962) on 18 May 1962]
  4. [Amended by General Law Amendment Act, 1963 (Act 37 of 1963) on 2 May 1963]
  5. [Amended by Publications and Entertainments Act, 1963 (Act 26 of 1963) on 1 November 1963]
  6. [Amended by Expropriation Act, 1965 (Act 55 of 1965) on 26 May 1965]
  7. [Amended by Post Office Amendment Act, 1965 (Act 80 of 1965) on 30 June 1965]
  8. [Amended by Second Finance Act, 1966 (Act 58 of 1966) on 28 October 1966]
  9. [Amended by Post Office Re-adjustment Act, 1968 (Act 67 of 1968) on 1 July 1968]
  10. [Amended by Finance Act, 1969 (Act 102 of 1969) on 30 June 1969]
  11. [Amended by Gambling Act, 1965 (Act 51 of 1965) on 1 July 1969]
  12. [Amended by Finance Act, 1970 (Act 25 of 1970) on 9 March 1970]
  13. [Amended by General Law Amendment Act, 1971 (Act 80 of 1971) on 14 July 1971]
  14. [Amended by Post Office Amendment Act, 1972 (Act 101 of 1972) on 5 July 1972]
  15. [Amended by Post Office Amendment Act, 1973 (Act 56 of 1973) on 1 April 1973]
  16. [Amended by Post Office Amendment Act, 1973 (Act 56 of 1973) on 1 October 1973]
  17. [Amended by Post Office Amendment Act, 1973 (Act 56 of 1973) on 1 April 1974]
  18. [Amended by Post Office Amendment Act, 1974 (Act 13 of 1974) on 1 April 1974]
  19. [Amended by Post Office Amendment Act, 1973 (Act 56 of 1973) on 1 August 1974]
  20. [Amended by Post Office Amendment Act, 1974 (Act 13 of 1974) on 1 August 1974]
  21. [Amended by Post Office Amendment Act, 1974 (Act 13 of 1974) on 1 October 1974]
  22. [Amended by Post Office Service Act, 1974 (Act 66 of 1974) on 1 November 1974]
  23. [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 20 November 1974]
  24. [Amended by Post Office Amendment Act, 1973 (Act 56 of 1973) on 1 February 1975]
  25. [Amended by Publications Act, 1974 (Act 42 of 1974) on 1 April 1975]
  26. [Amended by Post Office Amendment Act, 1976 (Act 113 of 1976) on 1 October 1976]
  27. [Amended by Expropriation Act, 1975 (Act 63 of 1975) on 1 January 1977]
  28. [Amended by Post Office Amendment Act, 1976 (Act 113 of 1976) on 3 February 1978]
  29. [Amended by Post Office Amendment Act, 1978 (Act 1 of 1978) on 1 February 1979]
  30. [Amended by Finance Act, 1980 (Act 21 of 1980) on 31 March 1980]
  31. [Amended by Post Office Amendment Act, 1981 (Act 75 of 1981) on 23 September 1981]
  32. [Amended by Broadcasting Amendment Act, 1982 (Act 61 of 1982) on 14 May 1982]
  33. [Amended by Post Office Amendment Act, 1982 (Act 80 of 1982) on 9 June 1982]
  34. [Amended by Post Office Amendment Act, 1983 (Act 27 of 1983) on 30 March 1983]
  35. [Amended by Post Office Amendment Act, 1976 (Act 113 of 1976) on 1 February 1984]
  36. [Amended by Corporation for Public Deposits Act, 1984 (Act 46 of 1984) on 31 March 1984]
  37. [Amended by Post Office Amendment Act, 1984 (Act 37 of 1984) on 4 April 1984]
  38. [Amended by Post Office Amendment Act, 1986 (Act 7 of 1986) on 26 March 1986]
  39. [Amended by Auditor-General Act, 1989 (Act 52 of 1989) on 26 May 1989]
  40. [Amended by Radio Amendment Act, 1990 (Act 24 of 1990) on 2 July 1990]
  41. [Amended by Post Office Amendment Act, 1984 (Act 37 of 1984) on 14 June 1991]
  42. [Amended by Post Office Amendment Act, 1991 (Act 85 of 1991) on 19 June 1991]
  43. [Amended by Post Office Amendment Act, 1991 (Act 85 of 1991) on 1 October 1991]
  44. [Amended by Posts and Telecommunications Acts Amendment Act, 1992 (Act 101 of 1992) on 1 October 1991]
  45. [Amended by Posts and Telecommunications Acts Amendment Act, 1992 (Act 101 of 1992) on 10 July 1992]
  46. [Amended by Interception and Monitoring Prohibition Act, 1992 (Act 127 of 1992) on 1 February 1993]
  47. [Amended by General Law Third Amendment Act, 1993 (Act 129 of 1993) on 1 September 1993]
  48. [Amended by Post Office Amendment Act, 1993 (Act 171 of 1993) on 1 February 1994]
  49. [Amended by Post Office Second Amendment Act, 1993 (Act 176 of 1993) on 1 February 1994]
  50. [Amended by Post Office Amendment Act, 1995 (Act 35 of 1995) on 21 July 1995]
  51. [Amended by Former States Posts and Telecommunications Reorganisation Act, 1996 (Act 5 of 1996) on 22 March 1996]
  52. [Amended by General Law Amendment Act, 1996 (Act 49 of 1996) on 4 October 1996]
  53. [Amended by Abolition of Restrictions on the Jurisdiction of Courts Act, 1996 (Act 88 of 1996) on 22 November 1996]
  54. [Amended by Post Office Amendment Act, 1997 (Act 11 of 1997) on 25 April 1997]
  55. [Amended by Post Office Second Amendment Act, 1997 (Act 53 of 1997) on 25 April 1997]
  56. [Amended by Telecommunications Act, 1996 (Act 103 of 1996) on 1 July 1997]
  57. [Amended by Department of Communications Rationalisation Act, 1998 (Act 10 of 1998) on 1 April 1998]
[This Act is amended by the substitution of the expression "telegraph line" for the expression "telecommuncations line", the expression "telegraph lines" for the expression "telecommuncations lines" and the expression "telegraphic purposes" for the expression "telecommunications purposes" by section 50 of Act 113 of 1976 and by the substitution for the expression "Postmaster-General" of the expression "Director-General" wherever it occurs by section 118(1) of Act 103 of 1996](English text signed by the Governor-General.)ACTTo consolidate the laws relating to the Post Office and matters incidental thereto.BE IT ENACTED by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—"Bank" [definition of "Bank" substituted by section 1(a) of Act 113 of 1976, by section 1(a) of Act 85 of 1991, by section 1 of Act 35 of 1995 and deleted by section 6 of Act 10 of 1998]"chief actuary" means the chief actuary as defined in section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990);[definition of "chief actuary" inserted by section 1(b) of Act 85 of 1991]"Companies Act" means the Companies Act, 1973 (Act No. 61 of 1973);[definition of "Companies Act" inserted by section 1(b) of Act 85 of 1991 and amended by section 3(a) of Act 101 of 1992]"club or fund" [definition of "club or fund" deleted by section 1(b) of Act 113 of 1976];"construct" means erect, set up, lay down or place;"department" means the Department of Communications;[definition of "department" substituted by section 1(a) of Act 13 of 1974 and by section 105(a) of Act 103 of 1996]"Director-General" means the officer occupying the post with that designation on the fixed establishment of the department;[definition of "Director-General" inserted by section 105(b) of Act 103 of 1996]"excluded commitments" means any—(a)public stock and bonds issued in terms of section 121(1)(b) before the repeal of that section by the Post Office Amendment Act, 1991; and(b)loan and other financing and related agreements entered into by the department, but excluding those made by the State to the department in terms of the Exchequer Act, 1975 (Act No. 66 of 1975),in respect of which the Minister with the approval of the Minister of Finance decides that the State will continue to be liable after the transfer date concerned;[definition of "excluded commitments" inserted by section 1(c) of Act 85 of 1991 and amended by section 3(b) of Act 101 of 1992]"deposit" [definition of "deposit" inserted by section 1(c) of Act 113 of 1976, substituted by section 1(a) of Act 1 of 1978 and deleted by section 1 of Act 37 of 1984]"depositor" [definition of "depositor" inserted by section 1(c) of Act 113 of 1976, substituted by section 1(b) of Act 1 of 1978 and deleted by section 1 of Act 37 of 1984]"financial year" [definition of "financial year" inserted by section 1(c) of Act 113 of 1976 and deleted by section 6 of Act 10 of 1998]"drawee" [definition of "drawee" deleted by section 1(d) of Act 113 of 1976]"drawer," [definition of "drawer" deleted by section 1(d) of Act 113 of 1976]"friendly society" [definition of "friendly society" deleted by section 1 of Act 37 of 1984]"Fund" [definition of "Fund" inserted by section 1(b) of Act 13 of 1974, substituted by section 1(e) of Act 113 of 1976 and deleted by section 6 of Act 10 of 1998]"imprisonment" [definition of "imprisonment" deleted by section 1(e) of Act 85 of 1991]"internal service" [definition of "internal service" inserted by section 1(a) of Act 56 of 1973 and deleted by section 1(f) of Act 113 of 1976]"international service" [definition of "international service" inserted by section 1(a) of Act 56 of 1973 and deleted by section 1(f) of Act 113 of 1976]"mail" means every article collected for conveyance by post, and includes loose and individual articles and every mail bag, vessel or conveyance of any kind by which postal articles are carried, whether or not it contains any such articles, and any person or animal employed in conveying or delivering mails or postal articles;"mail-bag" includes every bag, box, parcel, basket or hamper and any other envelope or covering in which postal articles in course of transmission by post are conveyed, whether or not it contains such articles;"Master" means a Master of the Supreme Court acting within the jurisdiction conferred upon him by law;"master of any vessel" includes any person (not being a pilot) having command or charge of a vessel, whether a ship of war or any other vessel;"Minister" means the Minister entrusted with the administration of the department;[definition of "Minister" substituted by section 1(c) of Act 13 of 1974, by section 1(f) of Act 85 of 1991 and by section 3(c) of Act 101 of 1992]"money order" means a money order issued under this Act or by any postal authority for payment under this Act;"National Savings Certificate" means any National Savings Certificate issued under section 77A;[definition of "National Savings Certificate" inserted by section 1(d) of Act 13 of 1974]"officer" includes any person in the service or employed in connection with any business of the department or any successor company;[defintion of "officer" substituted by section 1(g) of Act 85 of 1991]"port" includes any harbour, river, lake or road­stead and any other navigable water;"postage" means the amount chargeable for the transmission of articles by post;"postage stamp" or "stamp" means any piece of paper or other substance or material 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 or other postal fee;"postal article" means any letter, post-card, reply post-card, letter-card, newspaper, book, packet, pattern or sample packet or any parcel or other article when in course of transmission by post, and includes a telegram when conveyed by post;"postal authority" includes the Director-General of the United Kingdom or of any other duly constituted postal authority of any British possession or of any foreign country or place;"postal company" means the company incorporated as contemplated in section 3(1) to conduct a postal service;[definition of "postal company" inserted by section 1(h) of Act 85 of 1991]"postal employer" means the postal company or a subsidiary of that company, as the case may be;[definition of "postal employer" inserted by section 1(h) of Act 85 of 1991]"postal enterprise" means all the assets, liabilities, rights and obligations, including any claim to copyright, trade marks and patentable inventions but excluding rights and obligations in terms of excluded commitments, of the State which relate to or are connected with the conduct of the postal service by the department, as determined by the Minister;[definition of "postal enterprise" inserted by section 1(h) of Act 85 of 1991]"postal order" means a postal order issued under this Act or by any postal authority for payment under this Act;"postal pension fund" means the pension fund established in terms of section 9;[definition of "postal pension fund" inserted by section 1(i) of Act 85 of 1991]"postal service" means the affairs which the Director-General or, subsequent to the postal transfer date, the postal company is entitled to conduct in terms of Chapters III, IV and V, including the exclusive privilege of receiving, collecting, dispatching, conveying and delivering letters and of performing all incidental services;[definition of "postal service" inserted by section 1(i) of Act 85 of 1991]"postal transfer date" means the date determined by the Minister in terms of section 4(1)(a) in respect of the postal enterprise;[definition of "postal transfer date" inserted by section 1(i) of Act 85 of 1991]"postmaster" means the officer in charge of a post office;"Postmaster-General" [definition of "Postmaster-General" inserted by section 1(g) of Act 113 of 1976 and deleted by section 105(c) of Act 103 of 1996]"post office" includes any house, building, room, carriage, place or structure where postal articles are received, sorted, delivered, made up or dispatched or which is used for any other purpose in connection with the rendering or operation of any postal, telecommunications, savings, money transfer or other service by the department or any successor company or officers thereof and any pillar box or other receptacle provided by or with the approval of the department or a successor company for the reception of postal articles for transmission;[definition of "post office" substituted by section 1(h) of Act 113 of 1976 and by section 1(j) of Act 85 of 1991]"Post Office Appropriation Act" [definition of "Post Office Appropriation Act" inserted by section 1(i) of Act 113 of 1976 and deleted by section 6 of Act 10 of 1998]"Post Office Service Act" [definition of "Post Office Service Act" inserted by section 1(l) of Act 85 of 1991 and deleted by section 6 of Act 10 of 1998]"prescribed" means prescribed by or under this Act;"railway" includes any tramway, whether the means of traction be animal or steam power, electricity or other motive force, but does not include the railway lines of the South African Rail Commuter Corporation Limited referred to in section 22 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989), or Transnet Limited, a company formed under section 2 of the said Act or a wholly-owned subsidiary of Transnet Limited established under section 32(1) of that Act with reference to a business unit acquired by such wholly-owned subsidiary in terms of paragraph (b) of the said section 32(1);[definition of "railway" substituted by section 1(m) of Act 85 of 1991]"railway authority" [definition of "railway authority" deleted by section 1(j) of Act 113 of 1976]"regulation" means a regulation made under this Act;"Republic" [definition of "Republic" inserted by section 1(b) of Act 56 of 1973 and deleted by section 1(n) of Act 85 of 1991]"revenue" [definition of "revenue" inserted by section 1(k) of Act 113 of 1976 and deleted by section 6 of Act 10 of 1998]"Savings Bank" or "Post Office Savings Bank" means the Post Office Savings Bank referred to in section 52;[definition of "Savings Bank" inserted by section 1(k) of Act 113 of 1976]"Savings Bank certificate" [definition of "Savings Bank certificate" inserted by section 1(k) of Act 113 of 1976 and deleted by section 1 of Act 37 of 1984]"security" [definition of "security" inserted by section 1(k) of Act 113 of 1976 and deleted by section 6 of Act 10 of 1998]"Savings Bank year" [definition of "Savings Bank year" deleted by section 1(l) of Act 113 of 1976]"sender," in relation to any postal article or telegram, means the person from whom that postal article or telegram purports to have come, unless such person proves that he is not the sender thereof;"successor company" means a company incorporated as contemplated in section 3 (1);[definition of "successor company" inserted by section 1(o) of Act 85 of 1991]"telecommunications" means any system or method of conveying signs, signals, sounds, communications or other information by means of electricity, magnetism, electro-magnetic waves or an agency of a like nature, whether with or without the aid of tangible conductors, from one point to another;[definition of "telecommunications" inserted by section 1(m) of Act 113 of 1976]"telecommunications company" means the company incorporated as contemplated in section 3(1) to conduct a telecommunications service;[definition of "telecommunications company" inserted by section 1(p) of Act 85 of 1991]"telecommunications employer" means the telecommunications company or a subsidiary of that company, as the case may be;[definition of "telecommunications employer" inserted by section 1(p) of Act 85 of 1991]"telecommunications enterprise" means all the assets, liabilities, rights and obligations, including any claim to copyright, trademarks and patentable inventions but excluding rights and obligations in terms of, excluded commitments, of the State which relate to or are connected with the conduct of the telecommunications service by the department, as determined by the Minister;[definition of "telecommunications enterprise" inserted by section 1(p) of Act 85 of 1991]"telecommunications line" includes any apparatus, instrument, pole, mast, wire, pipe, pneumatic or other tube, thing or means which is or may be used for or in connection with the sending, conveying, transmitting or receiving of signs, signals, sounds, communications or other information;[definition of "telecommunications line" inserted by section 1(m) of Act 113 of 1976]"telecommunications pension fund" means the pension fund established in terms of section 9;[definition of "telecommunications pension fund" inserted by section 1(q) of Act 85 of 1991]"telecommunications service" means the affairs which the Director-General or, subsequent to the telecommunications transfer date, the telecommunications company is entitled to conduct in terms of Chapter VI;[definition of "telecommunications service" inserted by section 1(c) of Act 56 of 1973, deleted by section 1(n) of Act 113 of 1976 and re-inserted by section 1(q) of Act 85 of 1991]"telecommunications transfer date" means the date determined by the Minister in terms of section 4(1)(b) in respect of the telecommunications enterprise;[definition of "telecommunications transfer date" inserted by section 1(q) of Act 85 of 1991]"telegram" means any communication in written form or information in the form of an image transmitted by the department or any successor company over a telecommunications line and delivered in any such form, or intended to be thus transmitted and delivered or delivered from any post office or intended to be thus delivered as a communication or as information transmitted either wholly or partially over a telecommunications line;[definition of "telegram" substituted by section 1(o) of Act 113 of 1976 and substituted by section 1(r) of Act 85 of 1991]"telegraph" [definition of "telegraph" deleted by section 1(p) of Act 113 of 1976]"telegraph line" [definition of "telegraph line" deleted by section 1(p) of Act 113 of 1976]"this Act" includes any regulations made there­under;"transfer date" means a date of transfer contemplated in section 4 (1);[definition of "transfer date" inserted by section 1(s) of Act 85 of 1991]"vessel" includes every description of vessel em­ployed on the high seas, in harbour, on rivers or on the coast or on any navigable water.

Chapter I
Powers and rights of the Director-General

2. Administration and control of the department

(1)The administration, control and management of the department shall, subject to the authority of the Minister, be vested in an officer to be styled the Postmaster General.[subsection (1) substituted by section 55 of Act 66 of 1974]
(2)The Director-General shall have the supervision and control of all persons in the service of the department and all offices or workplaces of the department and all services and activities which the department may render or undertake, and may issue such instructions as he may deem necessary for the conduct and guidance of officers of the department in carrying out the provisions of this Act.[subsection (2) substituted by section 55 of Act 66 of 1974, by section 2(a) of Act 113 of 1976 and by section 2 of Act 85 of 1991]
(3)[subsection (3) deleted by section 2(b) of Act 113 of 1976]
(4)[subsection (4) substituted by section 55 of Act 66 of 1974 and deleted by section 2(b) of Act 113 of 1976]
(5)[subsection (5) deleted by section 2(b) of Act 113 of 1976]

2A. ***

[section 2A inserted by section 3 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

2B. ***

[section 2B inserted by section 3 of Act 113 of 1976, amended by section 1 of Act 27 of 1983, amended by section 2 of Act 37 of 1984, amended by section 1 of Act 7 of 1986, amended by section 3 of Act 85 of 1991 and repealed by section 6 of Act 10 of 1998]

2C. ***

[section 2C inserted by section 3 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

2D. ***

[section 2D inserted by section 3 of Act 113 of 1976, amended by section 4 of Act 101 of 1992 and repealed by section 6 of Act 10 of 1998]

Chapter 1A
Successor companies

[Chapter 1A inserted by section 5 of Act 85 of 1991]

3. Incorporation of successor companies

(1)On a date or dates preceding the postal transfer date or the telecommunications transfer date, as the case may be, the Minister shall effect the incorporation in terms of the Companies Act of two public companies, namely, a postal company to conduct a postal service and a telecommunications company to conduct a telecommunications service, which companies shall bear names approved by the Minister, and the issue to each company of a certificate to commence business.
(2)The Minister shall on behalf of the State sign all documents that are required to be signed by the promoters of the companies.
(3)The Director-General—
(a)shall be appointed as the first director of each successor company and shall in that capacity in respect of each company sign the documents which are required to be signed by a director of the company for the purpose of incorporation of the company and the issue to the company of a certificate to commence business;
(b)shall occupy the post of director of a successor company until the date immediately preceding the transfer date concerned.
(4)Each successor company—
(a)shall upon incorporation issue one share with a nominal value of one rand to the State;
(b)shall in its memorandum of association inter alia provide that that successor company and its subsidiaries—
(i)shall have as its main object and main business in the case of the postal company to conduct the postal service and in the case of the telecommunications company to conduct the telecommunications service;
(ii)shall not have the power to perform the following acts without the approval of the Minister granted with the concurrence of the Minister of Finance, namely—
(aa)the alienation or encumbrance by the company otherwise than in the normal cause of its business of assets of the company with a market value of more than 10 per cent of the market value of all the assets of the company;
(bb)the cessation or alteration of the main object or main business of the company;
(cc)the alienation of shares held by the company in any subsidiary thereof so that the company retains 50 per cent or less of the voting shares of the subsidiary;
(dd)the merger of the company with another company or the entering into of a partnership or joint venture by the company;
(c)shall have articles of association providing inter alia that—
(i)the directors, with the exception of the managing director, shall fulfil a non-executive function;
(ii)the affairs of the company shall be managed by a management board appointed in terms of the articles of association;
(iii)one of the directors shall be appointed as managing director as well as chairman of the management board;
(iv)no person, except the State, shall, whether directly or indirectly, hold any shares in the company;
(d)shall, apart from the shares referred to in subsection (4)(a) and sections 5(1) and 12U(4)(a), not issue any shares.
Provided that paragraphs (b)(ii), (c) and (d) shall not apply to the telecommunications company.[subsection (4) amended by section 1(a) of Act 11 of 1997]
(5)Notwithstanding the provisions of the Companies Act, the postal company shall not have more than one member, and the telecommunications company may have fewer than seven members.[subsection (5) substituted by section 1(b) of Act 11 of 1997 and by section 1 of Act 53 of 1997]
(6)The powers and duties of the State as a member and shareholder of each successor company shall be exercised and performed by the Minister.
(7)A successor company shall not conduct any business and shall not acquire any assets, liabilities, rights or obligations prior to the transfer date concerned.[section 3 amended by section 2(a) of Act 56 of 1973, repealed by section 4 of Act 113 of 1976 and inserted by section 5 of Act 85 of 1991]

4. Transfer of postal enterprise and telecommunications enterprise to successor companies

(1)On a date determined by the Minister by notice in the Gazette—
(a)the postal enterprise shall be transferred to the postal company, from which date the postal company shall, subject to the provisions of any other law, have the exclusive power to conduct the postal service;
(b)the telecommunications enterprise shall be transferred to the telecommunications company, from which date the telecommunications company shall, subject to the provisions of any other law, have the exclusive power to conduct the telecommunications service.
(2)
(a)The value of the assets and liabilities of the enterprises transferred in terms of subsection (1) shall be determined by the Minister with the concurrence of the Minister of Finance, and the net asset value of those enterprises shall likewise be determined, regard being had to the obligations imposed upon the postal company and the telecommunications company by section 12U.
(b)For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), or any other law in terms of which a tax or levy may be imposed, it shall be deemed that expenses were actually incurred by a successor company in acquiring the assets transferred to it in terms of subsection (1) and that, notwithstanding the provisions of any other law, the expenses concerned, including the cost of the assets, are equal to the value determined in terms of subsection (2)(a).
(3)
(a)In so far as the postal enterprise and the telecommunications enterprise have the use of State land immediately prior to the date referred to in subsection (1), such land shall on the said date pass to the postal company or the telecommunications company, as the case may be, and it shall be deemed that such land was on the said date sold by the State President in terms of the provisions of the State Land Disposal Act, 1961 (Act No. 48 of 1961), to the company concerned.
(b)Notwithstanding the provisions of section 5 of the State Land Disposal Act, 1961, and section 18 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar as defined in section 102 of the Deeds Registries Act, 1937, shall, on submission to him of al certificate by the Minister of Public Works and Land Affairs that State land has passed in terms of paragraph (a), free of charge make such entries and endorsements as he may deem necessary in or onl any relevant register, title deed or other document in his office or laid before him, in order to effect the transfer in the name of the company concerned.
(c)If a particular piece of State land was used jointly by the postal enterprise and the telecommunications enterprise immediately prior to the date mentioned in subsection (1), and the successor companies after that date agree to divide that piece of land between them without the payment of compensation by one party to the other or without giving anything in exchange therefor, the subdivision of the land concerned shall be exempted from the payment of transfer duty, stamp duty or other fees if, upon the registration of the subdivision, a certificate signed by the secretaries of both successor companies is submitted in which it is certified that an agreement as contemplated in this paragraph has been concluded.[paragraph (c) added by section 12(a) of Act 129 of 1993]
(4)
(a)Any servitude, other real right or lease existing immediately before the date referred to in subsection (1) in favour of the State, the department or the Director-General and which is exercised in favour of the postal enterprise or the telecommunications enterprise shall on the said date pass to the postal company or the telecommunications company, as the case may be.
(b)The registrar as referred to in subsection (3)(b) shall, on submission} to him of a certificate by the Minister of Public Works and Land Affairs that a servitude, other real right or lease has passed in terms of paragraph (a) or that a servitude exists over State land which has passed in terms of subsection (3)(a), free of charge make such entries and endorsements as he may deem necessary in or on any relevant register, title deed or other document in his office or laid before him, in order to—
(i)register the passing of the servitude, other real right or lease to the company concerned in terms of paragraph (a); or
(ii)confirm the existence of the servitude in favour of any other person, over the State land which has so passed.
(4A)
(a)Subject to the provisions of paragraph (b), a successor company shall have the right to use its immovable property for the purposes for which the department used the property concerned on the date immediately prior to the date mentioned in subsection (1) or for which it was intended to be used on that date.
(b)If land of a succesor company has not been zoned, or has in terms of an applicable township construction or development scheme, guide plan or statutory provision been zoned or intended for purposes other than those for which it is used on the date immediately prior to the date mentioned in subsection (1), the successor company concerned shall as soon as practicable conclude an agreement with the local authority responsible for the zoning or re-zoning of land in the area concerned with regard to the zoning or re-zoning of the land concerned for a purpose which is in accordance with the use thereof on the date immediately prior to the date mentioned in subsection (1): Provided that—
(i)if such agreement has been concluded, that agreement shall be reduced to writing and the local authority concerned shall, if necessary, amend its township construction or development scheme or guide plan accordingly;
(ii)if such agreement could not be concluded, the matter shall be referred to the Administrator of the province concerned, who may grant permission for or approval of the zoning or re-zoning concerned on such conditions as he may deem necessary.
(c)The local authority—
(i)with which any agreement in terms of paragraph (b) has been concluded; or
(ii)within whose area of jurisdiction that land is situated, in the case of land referred to in paragraph (b)(ii),
shall record, in respect of the land concerned, the appropriate zoning, after which such zoning shall for all purposes be regarded as the zoning of such land.
[subsection (4A) inserted by section 12(b) of Act 129 of 1993]
(5)The Minister shall in all litigation whatsoever, including arbitrations, to which the Minister is a party, be substituted as the party to the suit—
(a)by the postal company with effect from the postal transfer date in the case of litigation pertaining to the postal enterprise;
(b)by the telecommunications company with effect from the telecom, munications transfer date in the case of litigation pertaining to the telecommunications enterprise.
(6)The successor company concerned may apply for the registration of any registerable right relating to intellectual property or inventions (including the registration as patents of patentable inventions) transferred by the State in terms of this section to the successor company concerned.
(7)The Registrar of Trade Marks shall make such entries, notes and endorsements as he may deem necessary in or on any relevant register, certificate or other document in his office or submitted to him so as to effect the transfer of trade marks to the postal company or the telecommunications company in terms of this section, and may request the successor company concerned to submit or produce to him such information or document as he may deem necessary for such purpose.
(8)If any doubt arises as to whether anything for the purposes of this Act pertains to or is connected with the postal enterprise, the telecom munications enterprise, the department or anyone else, the decision of the Minister shall be conclusive.
(9)
(a)Each successor company may establish subsidiary companies of which the successor company shall be the sole member and share holder and shall allow the assignments, substitutions and transfers contemplated in this section to be made to such subsidiary.
(b)The provisions of this Act applicable to such successor company, shall apply mutatis mutandis to the subsidiary thereof while the successor company is the sole member and shareholder of the subsidiary.
(10)No stamp duty, transfer duty or any other tax or levy shall be payable in respect of the transfer of the postal enterprise or the telecommunications enterprise in terms of this section.
(11)Any officer in the employment of a successor company shall be deemed to be an officer in the service of the State for the purposes of section 7 of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and section 24 of the Expropriation Act, 1975 (Act No. 63 of 1975).
[section 4 substituted by section 1 of Act 80 of 1965, repealed by section 4 of Act 113 of 1976 and inserted by section 5 of Act 85 of 1991]

5. Shareholding in successor companies

(1)As a consideration for the transfer contemplated in section 4(1) each successor company shall, in addition to the share referred to in section 3(4)(a), issue such shares in those companies to the State as the Minister with the concurrence of the Minister of Finance may determine: Provided that the nominal value plus any premium payable in respect of all the shares so issued by each company, shall be equal to the net asset value of the enterprise concerned.
(2)The shares issued in terms of subsection (1) shall be allotted and issued at the time and on the conditions which the Minister with the concurrence of the Minister of Finance may determine.
(3)Shares issued in terms of this section shall have such nominal value and shall be issued at such premium, if any, as the Minister with the concurrence of the Minister of Finance may determine and shall be issued as fully paid by the transfer to the successor company concerned of assets and liabilities with a net asset value equal to the nominal value of the shares plus any such premium.
(4)Any dividends received by the State in respect of shares in a successor company shall be paid into the State Revenue Fund.
(5)No stamp duty shall be paid by a successor company in respect of the issue of shares to the State in terms of this Act.
(6)No money shall be paid by a successor company in terms of section 63 or 75 of the Companies Act in respect of the creation of, or any increase in, the capital of such a company.
(7)The State may not alienate any shares or rights to shares in the postal company, and the postal company may not issue shares in itself to any person other than the State.[subsection (7) substituted by section 2 of Act 11 of 1997]
[section 5 amended by section 35 of Act 94 of 1974, repealed by section 4 of Act 113 of 1976 inserted by section 5 of Act 85 of 1991]

6. Subsidy to postal company

(1)During the first five years after the commencement of this section the Minister may, in consultation with the Minister of Finance, out of money appropriated by Parliament for the purpose, grant an annual subsidy to the postal company in respect of normal expenditure.
(2)A request for a subsidy shall be submitted by the postal company to the Minister by a date determined by the Minister in order for it to be in time for the evaluation process for inclusion in the annual compilation and exposition of the Government’s expenditure proposals for appropriation purposes.
(3)The payment of subsidies shall be for such purposes and period and subject to such conditions as the Minister, with concurrence of the Minister of Finance, may determine.
[section 6 repealed by section 4 of Act 113 of 1976, inserted by section 5 of Act 101 of 1992 and substituted by section 3 of Act 11 of 1997]

7. Powers of successor companies

(1)
(a)The postal company shall, subject to the provisions of any other law, from the postal transfer date have the exclusive power t conduct the postal service, but the approval of the Minister shall, subject to the provisions of subsection (3), be required for—
(i)the determination of the fees, rates or charges levied by the postal company in respect of the postal service;
(ii)the determination of the hours during which postal, savings, money transfer and other services shall be rendered by the postal company and the hours during which the public shal have access to post offices and other work places of the postal company for the purpose of utilizing the said services;
(iii)the imposition of any onerous conditions in connection with the provision of the postal service;
(iv)the termination of the provision of a postal service in any area where the service was provided by the department immediately prior to the postal transfer date.
(b)Any person who performs an act which under paragraph (a) is the exclusive privilege of the postal company with regard to the receipt, collecting, dispatching, conveying and delivering of letters and the performance of incidental services, or who sends, tenders or delivers any letter to be dealt with contrary to this section, shall be guilty of an offence and liable on conviction to a fine not exceeding R100 in respect of every letter received, collected, dispatched, conveyed, tendered or delivered.
(c)Nothing in this subsection contained shall extend to any letter—
(a)sent or conveyed to or from any post office;
(b)exceeding the dimensions prescribed for letters;
(c)containing process of or proceedings or pleadings in any court of justice or affidavits or depositions;
(d)exclusively concerning goods sent and to be delivered therewith; or
(e)sent by any person exclusively concerning his private affairs or the private affairs of the bearer or the receiver:
Provided that no person shall collect any such letter for the purpose of sending it either by post or otherwise.
(2)[subsection (2) deleted by section 4 of Act 11 of 1997]
(3)The Minister may, notwithstanding the provisions of subsection (1), authorize the postal company to exercise any power referred to in subsection (1) in all cases or in cases of a particular category or in cases where particular circumstances apply, without the approval of the Minister.[subsection (3) substituted by section 2(a) of Act 53 of 1997]
(4)The postal company may, in exercising a power referred to in subsection (1), determine different fees, rates or charges in respect of different services, or services rendered in different areas or under different circumstances, or may determine special fees, rates or charges which may be higher or lower than the normal tariffs, rates or charges, or may exempt particular users or prospective users of services in extraordinary or in specific circumstances from any of the prescribed fees, rates or charges.[subsection (4) substituted by section 2(b) of Act 53 of 1997]
(5)[subsection (5) deleted by section 6 of Act 101 of 1992]
[section 7 substituted by section 6 of Act 85 of 1991]

7A. Exemption of successor companies from certain laws

If the department has performed an act or has commenced with the performance thereof, including any building work, construction work or other work completed or commenced with by the department, prior to the date mentioned in section 4(1) and the provisions of any law did not apply to the department in respect of that act, building work, construction work or other work, the provisions of that law shall likewise not apply to the successor company concerned in respect of that act, building work, construction work or other work.[section 7A added by section 13 of Act 129 of 1993]

Chapter 1B
Staff and pension matters

[Chapter 1B inserted by section 7 of Act 85 of 1991]

8. Transfer to successor company

(1)Any officer or employee of the department performing functions pertaining to the postal service or the telecommunications service, and who—
(a)elects to become an employee of a successor company, shall, if he notifies the department, in writing of his election prior to the applicable transfer date, notwithstanding the provisions of the Post Office Service Act and without interrupting his service, from the postal transfer date or the telecommunications transfer date, as the case may be, become an employee in a similar post in the postal company or the telecommunications company, respectively, subject to conditions of employment which shall not be less favourable than those applicable to him on the date immediately preceding the applicable transfer date;
(b)does not in terms of paragraph (a) elect to become an employee of a successor company, shall, notwithstanding the provisions of the Post Office Service Act, but subject to the conditions determined by the Staff Management Board referred to in section 4 of the Post Office Service Act with the concurrence of the Minister, from the postal transfer date or the telecommunications transfer date, as the case may be, be seconded to the postal company or the telecommunications company, respectively, there to perform services in a post similar to the post occupied by him in the department, but such officer or employee shall while he is so seconded remain subject to the laws governing officers and employees of the department.
(2)If, for the purposes of subsection (1), the question arises whether any person performs functions pertaining to the postal service or the telecommunications service, such question shall be decided by the Director-General.[subsection (2) substituted by section 20 of Act 88 of 1996]
(3)If any person seconded in terms of subsection (1)(b), after the applicable transfer date elects to become an employee of the successor company to which he has been seconded, he shall, notwithstanding the provisions of the Post Office Service Act, and without interrupting his service, from a date determined by the successor company concerned after consultation with the chief actuary, become an employee of that company in a post similar to the post occupied by him while being so seconded, subject to the conditions of service of that company: Provided that where such election is made more than one year after the applicable transfer date, the successor company concerned shall not be obliged to employ such officer or employee.
(3A)Notwithstanding the proviso to subsection (3), any person referred to in the said proviso who on the date of commencement of the Post Office Second Amendment Act, 1993, has not been employed by the successor company concerned to which he has been seconded, shall, from a date determined by the Minister, become an employee of such successor company in accordance with the provisions of this section.[subsection (3A) inserted by section 1 of Act 176 of 1993]
(4)For the purposes of the provisions of the Income Tax Act, 1962 (Act No. 58 of 1962), it shall be deemed that no change of employer took place when employment is taken up at a successor company by officers and employees in terms of subsections (1) and (3) and that the position of officers and employees in respect of the phasing in of any tax levied on benefits or advantages derived by reason of employment or the holding of any office as contemplated in Schedule 7 to the Income Tax Act, 1962, shall remain unchanged.
(5)When any officer or employee of the department becomes an employee of a successor company in terms of subsection (1) or (3)—
(a)he shall retain all vacation and sick leave which on the date immediately preceding his employment by the successor company stands to his credit with the department, including all monetary benefits attached, thereto;
(b)
(i)any enquiry or other action instituted or contemplated in respect of alleged misconduct committed by such officer or employee prior to his employment by that successor company, shall be disposed of or instituted by such company and such company shall take steps against the officer or employee concerned if he is found guilty of misconduct, in terms of the laws applicable to him before such employment;
(ii)for the purposes of subparagraph (i) any reference in the laws contemplated in that subparagraph, to—
(aa)the Minister, shall be construed as a reference to the chairman of the board of directors of the company concerned;
(bb)the Staff Management Board, shall be construed as a reference to the management board of such company;
(cc)the Director-General, shall be construed as a reference to the managing director of such company;
(dd)the department, shall be construed as a reference to the company concerned;
[paragraph (b) substituted by section 7 of Act 101 of 1992]
(c)he shall cease to be a member of any pension fund to which he was in terms of section 44 of the Post Office Service Act compelled to belong on the date immediately preceding the date of his employment by the successor company concerned, and shall have no claim against the pension fund concerned;
(d)he shall become a member of the postal pension fund in the case off the postal company or of the telecommunications pension fund in the case of the telecommunications company as from the date of his employment by the successor company concerned;
(e)the pension fund referred to in paragraph (c) shall pay to the postal pension fund or the telecommunications pension fund, as the case may be, an amount, whether in cash or in specie, equal to the percentage funding multiplied by the actuarial liability of the fund in respect of that officer or employee on the date of his employment by the successor company concerned, plus interest thereon calculated at the bank rate from that date until the date of payment thereof, and any claim which that pension fund may have against such officer or employee shall pass to the postal pension fund or the telecommunications pension fund, as the case may be.
(6)For the purposes of subsection (5)(e)—
(a)the actuarial liability of a pension fund in respect of a particular member or group of members of the fund shall be the actuarial liability of the fund in respect of such member or group of members of the fund as determined by the chief actuary and an actuary appointed by the Minister of National Health and Population Development;
(b)the percentage funding of a pension fund shall be the market value of the assets of the fund expressed as a percentage of the total actuarial liability of the fund as determined at the time of the most recent actuarial evaluation of the fund or any revision thereof made on the instructions of the Minister of National Health and Population Development;
(c)the bank rate shall be the rate from time to time determined in terms, of section 10(2) of the South African Reserve Bank Act, 1989 (Act No. 90 of 1989).
(7)Any staff association recognized by the Minister as contemplated in section 43(1)(b) of the Post Office Service Act immediately prior to the postal transfer date or the telecommunications transfer date, shall be recognized by the successor company concerned.
[section 8 repealed by section 4 of Act 113 of 1976 and inserted by section 7 of Act 85 of 1991]

8A. Transfer to department

(1)Any employee of a successor company seconded to the department as well as any other employee of a successor company may, with his consent, be transferred to the department and appointed as an officer or employee of the department, subject to such conditions of service as may be agreed upon between such employee and the Director-General, and which the Minister may approve.
(2)When an employee of a successor company becomes an officer or employee of the department in terms of subsection (1)—
(a)he shall cease to be a member of the telecommunications pension fund or the postal pension fund, as the case may be, to which he was compelled to belong on the date immediately preceding the date of his employment by the department, and shall have no claim against the pension fund concerned;
(b)he shall become a member of the Government Service Pension Fund contemplated in the Government Service Pension Act, 1973 (Act No. 57 of 1973), or the Temporary Employees Pension Fund contemplated in the Temporary Employees Pension Fund Act, 1979 (Act No. 75 of 1979), whichever is applicable, as from the date of his employment by the department;
(c)the pension fund concerned referred to in paragraph (a) shall pay to the Government Service Pension Fund or the Temporary Employees Pension Fund, as the case may be, an amount, whether in cash or in specie, equal to the percentage funding multiplied by the actuarial liability of the fund in respect of the employee on the date of his employment by the department, plus interest thereon calculated at the bank rate, from that date until the date of payment thereof, and any claim which that pension fund may have against such employee shall pass to the Government Service Pension Fund or the Temporary Employees Pension Fund, as the case may be.
(3)For the purposes of subsection (2)(c)—
(a)the actuarial liability of a pension fund in respect of a particular member or group of members of the fund shall be the actuarial liability of the fund in respect of such member or group of members of the fund as determined by the actuary of the telecommunications pension fund or the postal pension fund, as the case may be, and an actuary appointed by the Minister of Finance;
(b)the percentage funding of a pension fund shall be the market value of the assets of the fund expressed as a percentage of the total actuarial liability of the fund as determined at the time of the most recent actuarial valuation of the fund or any revision thereof made on the instructions of the Minister of Finance;
(c)the bank rate shall be the rate from time to time determined in terms of section 10(2) of the South African Reserve Bank Act, 1989 (Act No. 90 of 1989).
[section 8A inserted by section 2 of Act 176 of 1993]

9. Establishment of pension funds

(1)From the date of commencement of the Post Office Amendment Act, 1991, there are hereby established a postal pension fund and telecommunications pension fund.
(2)Both the funds referred to in subsection (1) shall be juristic persons.
[section 9 repealed by section 4 of Act 113 of 1976 and inserted by section 7 of Act 85 of 1991]

10. Pension statutes

(1)The control and management of the postal pension fund and the telecommunications pension fund, the conditions for admission to and termination of membership of each fund, the amount and nature of contributions by members and contributions and other payments by the postal employer or the telecommunications employer, the benefits due to members and other beneficiaries, and the manner in which the statutes, may be amended, shall be governed by the statutes of each fund, as the case may be.
(2)The statutes of each fund shall be published by the Minister in the Gazette and shall come into operation on the postal transfer date in the case of the postal pension fund and on the telecommunications transfer date in the case of the telecommunications pension fund.
(3)Until the date of registration of the postal pension fund and the telecommunications pension fund, as the case may be, in terms of section 10D, any amendment of the statutes of the pension fund concerned shall be subject to the approval of the Minister granted with the concurrence of the Minister of Finance.
(4)The statutes of the postal pension fund and the telecommunications pension fund shall be binding on each fund as well as the postal employer and the telecommunications employer, as the case may be, and on the members and beneficiaries of each fund.
[section 10 repealed by section 4 of Act 113 of 1976 and inserted by section 7 of Act 85 of 1991]

10A. Actuarial evaluation of pension funds

(1)The postal pension fund and the telecommunications pension fund shall each be valued by an actuary, appointed by the Minister, within three years from the date on which the fund concerned wast established, and thereafter each fund shall be valued by such actuary at intervals not exceeding three years, as the Minister may determine.
(2)The report of the actuary shall comply with the requirements of section 16(7) of the Pension Funds Act, 1956 (Act No. 24 of 1956), and shall be submitted by the actuary to the Minister and to the Minister of Finance.
(3)A copy of the report shall be submitted by the actuary to the employer concerned.
(4)In addition to complying with the requirements of section 16(7) of the Pension Funds Act, 1956, the actuary shall calculate, and mention in his report, what amounts are necessary to maintain the pension fund concerned in a sound financial position.
(5)The postal employer shall guarantee the financial obligations of the postal pension fund.[subsection (5) substituted by section 5(a) of Act 11 of 1997]
(6)The State shall guarantee the obligations of the postal employer in terms of subsection (5).[subsection (6) substituted by section 5(a) of Act 11 of 1997]
(7)
(a)The guarantee of the State in terms of subsection (6) shall be limited to the difference between the amount paid in terms of section 8(5)(e) to the postal pension fund and the amount of the actuarial liability, on the date of employment of an officer or employee by the postal employer, of the pension fund referred to in section 8(5)(c) in respect of those officers or employees of the department who in terms of section 8(5)(d) become members of the postal pension fund, plus interest on that amount calculated at the rate which shall, subject to paragraph (c), from time to time be determined by the chief actuary.[paragraph (a) substituted by section 5(b) of Act 11 of 1997]
(b)For the purposes of paragraph (4) ‘actuarial liability’ shall have the meaning assigned to it in section 8(6)(a).
(c)The rate referred to in paragraph (a) shall not be less than 12 per cent per annum on the outstanding balance.
(d)The guarantee of the State in terms of subsection (6) shall decrease to the extent to which the postal company pays the amounts plus interest referred to in paragraph (a) to the postal pension fund, in terms of its obligations under subsection (5) and shall be extinguished when the obligations have been fully discharged.[paragraph (d) substituted by section 5(b) of Act 11 of 1997]
[section 10A inserted by section 7 of Act 85 of 1991]

10B. Pension benefits may not be ceded, encumbered or attached

(1)No pension or lump sum from a pension fund referred to in section 10, or right to such a benefit, or right in respect of contributions made by, or on behalf of, a member, may be ceded, pledged of hypothecated, or be attached or subjected to any form of execution under a judgment or order of a court of law, and in the event of the beneficiary attempting to cede, pledge or hypothecate a benefit or right thereto, payment of the benefit may be withheld, suspended or entirely discontinued by the pension fund concerned in its discretion: Provided that the pension fund concerned may, during such period as it may determine, make payment of such benefit or of any benefit in pursuance of such contributions or part thereof to one or more of the dependants of the beneficiary or to a curator for such dependant or dependants.[subsection (1), previously unnumbered, numbered by section 8(1) of Act 101 of 1992]
(2)Notwithstanding the provisions of subsection (1), the pension fund concerned may on the date of a member’s retirement or the date on which he ceases to be a member of the fund, deduct—
(a)any amount due to that fund in respect of a loan granted by that fund in terms of its statutes to a member or beneficiary, from any benefit to which the member or beneficiary is entitled in terms of such statutes;
(b)any amount due by a member to his employer in respect of—
(i)any loan granted by the employer to such member at his request;
(ii)any amount for which the employer is liable in terms of a guarantee furnished in respect of a loan granted by some other person to the member for the purchase of land or a dwelling or the erection, alteration, improvement, maintenance or repair of a dwelling for occupation by the member or a dependant of the member;
(iii)compensation (including the legal costs recoverable from the member in a matter contemplated in subparagraph (ii)) in respect of any damage caused to the employer, by reason of any theft, dishonesty, fraud, misconduct or negligence by the member;
(iv)any other written agreement between the member and the employer in respect of a study bursary, training of the member or the military service obligations of the member,
from any benefit payable to the member or a beneficiary in terms of the statutes of that fund, and pay such amount to the employer concerned;
(c)any amount which such fund or the employer has paid or will pay by an arrangement with, or on behalf of, a member or beneficiary in respect of—
(i)such member’s or beneficiary’s subscription to a medical scheme registered otherwise than provisionally in terms of the Medical Schemes Act, 1967 (Act No. 72 of 1967);
(ii)any insurance premium payable by such member or beneficiary to an insurer registered in terms of the Insurance Act, 1943 (Act No. 27 of 1943),
from any benefit to which the member or beneficiary is entitled in terms of the statutes of that fund and pay such amount, if due, to such employer, medical scheme or insurer, as the case may be.
[subsection (2) added by section 8(1) of Act 101 of 1992]
[section 10B inserted by section 7 of Act 85 of 1991]

10C. Insolvency of pensioner

(1)If the estate of any person in receipt of a pension from a pension fund referred to in section 9 is sequestrated or surrendered or assigned for the benefit of his creditors, payment of the pension shall forthwith be discontinued, and shall thereafter in the discretion of the pension fund concerned in whole or in part be paid to or for the benefit of all or any of the following persons, namely, the pensioner, his wife or minor child or, failing a wife or minor child, to the mother of an illegitimate child or any child, whether legitimate, adopted or illegitimate, or to any other relative dependent upon the pensioner: Provided that if the payment is made to the pensioner, it shall be for his own personal use and, notwithstanding anything to the contrary contained in any law relating to insolvency, such payment shall not in any way be attached or appropriated by the trustee of his insolvent estate or by his creditors.
(2)If payment of a pension has been discontinued under this section, the pension shall revive on the rehabilitation of the pensioner or on the sequestration of his estate being set aside or the claims of his creditors being satisfied, and he shall receive a pension at the same rate and subject to the same conditions as before the sequestration, surrender or assignment, together with any arrears that may be due.
[section 10C inserted by section 7 of Act 85 of 1991]

10D. Registration of pension funds

(1)The Registrar of Pension Funds may at the request of the postal pension fund or the telecommunications pension fund register the pension fund concerned in terms of section 4 of the Pension Funds Act, 1956 (Act No. 24 of 1956), and may, for the purposes of such request, regard such pension fund as a ‘pension fund organization’ as defined in section 1 of the said Act.
(2)From the date of stich registration—
(a)the whole of the Pension Funds Act, 1956, shall apply to the pension fund concerned;
(b)the provisions of sections 10, 10A(1), (2), (3) and (4), 10B and 10C of this Act shall cease to apply to the pension fund concerned; and
(c)the pension fund concerned shall, for the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), not be regarded as a pension fund as defined in paragraph (a) of the definition of ‘pension fund’ in section 1 of the said Act.
[section 10D inserted by section 7 of Act 85 of 1991]

10E. Membership of pension fund by employees of subsidiary companies

(1)If a successor company establishes a subsidiary company in terms of section 4(9), an employee of the successor company who is transferred or seconded to such subsidiary company, shall continue to enjoy membership of the pension fund concerned of which he was a member immediately before the date of his transfer or secondment.
(2)Any employee employed by a subsidiary company after the date of its establishment, shall become a member of the postal pension fund or the telecommunications pension fund, as the case may be, subject to the statutes of such fund.
[section 10E inserted by section 7 of Act 85 of 1991]

11. Postal officers, vehicles, mails, etc., exempt from tolls

No duty, toll or ferry charge shall be demanded or taken from or in respect of the passing of—
(a)any person, horse or vehicle engaged in any service of the department; or
(b)any mail; or
(c)any material or tools used in the construction or repair of any telecommunications line, except when carried under contract or by common carrier.

12. Postal officers vehicles, etc., to have precedence in public streets, etc.

Every person, horse or vehicle engaged in connection with the conveyance of mails or telegrams shall have precedence over all other persons, horses or vehicles in any public street, road, thoroughfare or place.

Chapter II
Finances

[Chapter II inserted by section 5 of Act 113 of 1976]

12A. ***

[section 12A inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12B. ***

[section 12B inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12C. ***

[section 12C inserted by section 5 of Act 113 of 1976, amended by section 1 of Act 49 of 1996 and repealed by section 6 of Act 10 of 1998]

12D. ***

[section 12D inserted by section 5 of Act 113 of 1976, substituted by section 2(1) of Act 27 of 1983 and repealed by section 6 of Act 10 of 1998]

12E. ***

[section 12E inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12F. ***

[section 12F inserted by section 5 of Act 113 of 1976, amended by section 2 of Act 7 of 1986 and repealed by section 6 of Act 10 of 1998]

12G. ***

[section 12G inserted by section 5 of Act 113 of 1976, amended by section 1 of Act 171 of 1993 and repealed by section 6 of Act 10 of 1998]

12H. ***

[section 12H inserted by section 5 of Act 113 of 1976, amended by section 3 of Act 27 of 1983, amended by section 3 of Act 7 of 1986, amended by section 18 of Act 52 of 1989 and repealed by section 6 of Act 10 of 1998]

12I. ***

[section 12I inserted by section 5 of Act 113 of 1976, amended by section 3(1) of Act 21 of 1980 and repealed by section 6 of Act 10 of 1998]

12J. ***

[section 12J inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12K. ***

[section 12K inserted by section 5 of Act 113 of 1976, amended by section 4 of Act 27 of 1983 and repealed by section 6 of Act 10 of 1998]

12L. ***

[section 12L inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12M. ***

[section 12M inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12N. ***

[section 12N inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12O. ***

[section 12O inserted by section 5 of Act 113 of 1976, amended by section 4 of Act 7 of 1986 and repealed by section 6 of Act 10 of 1998]

12P. ***

[section 12P inserted by section 5 of Act 113 of 1976, substituted by section 2 of Act 35 of 1995 and repealed by section 6 of Act 10 of 1998]

12Q. ***

[section 12Q inserted by section 5 of Act 113 of 1976, amended by section 20 of Act 46 of 1984, amended by section 5(1) of Act 7 of 1986 and repealed by section 6 of Act 10 of 1998]

12R. ***

[section 12R inserted by section 5 of Act 113 of 1976, amended by section 6 of Act 7 of 1986 and repealed by section 6 of Act 10 of 1998]

12S. ***

[section 12S inserted by section 5 of Act 113 of 1976 and repealed by section 6 of Act 10 of 1998]

12T. ***

[section 12T added by section 18 of Act 52 of 1989 and repealed by section 6 of Act 10 of 1998]

12U. Loans to postal company and telecommunications company

(1)The State shall be deemed, with effect from the postal transfer date, to have lent and advanced to the postal company the amounts which the State owes in terms of excluded commitments entered into by the Director-General in terms of this Act and which pertain to or are connected with the conduct of the postal service by the department.
(2)The State shall be deemed with effect from the telecommunications transfer date to have lent and advanced to the telecommunications company the amounts which the State owes in terms of excluded commitments entered into by the Director-General in terms of this Act and which pertain to or are connected with the conduct of the telecommunications service by the department.
(3)The amounts owing to the State by the postal company and the telecommunications company, respectively, in terms of the excluded commitments contemplated in subsections (1) and (2), shall bear interest at the rate at which, and shall be repaid to the State within the period for which, the department borrowed the money in terms of the agreement concerned.
(4)For the purposes of the transfer by the department to the postal company and the telecommunications company of the loans made to the department by the State in terms of the Exchequer Act, 1975 (Act No. 66 of 1975)—
(a)the amount described in section 28 of the Exchequer Act, 1975, as permanent capital, shall notwithstanding the provisions of the said section be deemed to be a loan made by the State to the department which shall be converted on the transfer date concerned into ordinary shares held by the State in the successor company concerned: Provided that the nominal value and any premium payable in respect of the shares so issued shall be determined by the Minister with the concurrence of the Minister of Finance and shall in the aggtegate be equal to the total amount of the permanent capital;
(b)the department shall to the extent of such transfer be released from any debt or obligation to the State in respect of such loans.
(5)[subsection (5) deleted by section 9 of Act 101 of 1992]
(6)The Minister shall-deal with the excluded commitments with the concurrence of the Minister of Finance.
[section 12U inserted by section 9 of Act 85 of 1991]

12V. Submission of statements

The Minister shall within three months after the end of the financial year of each successor company lay upon the Table in Parliament the audited annual financial statements of the company, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.[section 12V inserted by section 10 of Act 85 of 1991]

12W. Financial instruments

(1)Subject to the provisions of subsections (2) and (3) and notwithstanding anything to the contrary contained in the Companies Act, the postal company may, for as long as all its issued equity shares are held by the State, or the telecommunications company may, for as long as the majority of its issued equity shares are held by the State, issue stock, securities, bills, promissory notes, debentures, debenture stock, obligations or other financial instruments as proof of a loan of money, and may negotiate or have them listed in the same manner and on the same financial markets or on the same stock exchange as is customary in the case of similar financial instruments issued by the State.[subsection (1) substituted by section 3 of Act 53 of 1997]
(2)Financial instruments referred to in subsection (1) shall only be issued with the approval of the Minister.[subsection (2) substituted by section 3 of Act 35 of 1995]
(3)Any financial instruments issued by a successor company before the commencement of this section and which purported to be public stock or bonds issued by the Director-General in terms of section 121(1)(b), shall be deemed to be financial instruments issued by the company concerned in terms of subsection (1).
(4)Public stock or bonds which immediately prior to the deletion of section 12U(5) by the Posts and Telecommunications Acts Amendment Act, 1992, were in terms of the said provision deemed to be debentures issued by the successor company concerned, shall be deemed to be financial instruments issued by the company concerned in terms of subsection (1).
(5)The provisions of the Companies Act in respect of debentures shall, subject to subsection (8), not apply to financial instruments referred to in subsections (1), (3) and (4).
(6)A successor company may engage in commercial transactions of whatever nature, including repurchase agreements, in respect of its own financial instruments and similar financial instruments issued by the State or other institutions.
(7)A successor company shall, as far as possible, keep a register of all financial instruments referred to in subsections (1), (3) and (4).
(8)Stock referred to in subsections (1), (3) and (4) may be transferred by means of a securities transfer form in the manner referred to in section 135 of the Companies Act, and the stock certificate issued by the successor company concerned in respect of such transfer shall be prima facie evidence of the right to such stock of the person named therein as the holder of such stock.
(9)No levy, tax, stamp duty, fees or other costs of whatever nature shall be payable in respect of the issue or transfer of any financial instrument referred to in subsections (1), (3) and (4).
(10)No provision of this section shall be construed as derogating from the powers of a successor company in terms of its memorandum of association or its articles and under the provisions of the Companies Act, to issue, negotiate or list any financial instrument as proof of the loan of money.
[section 12W added by section 10 of Act 101 of 1992]

Chapter III
Posts

[Chapter III, previously Chapter II, renumbered and heading substituted by section 6 of Act 113 of 1976]

13. Rates of postage

(1)Subject to the provisions of this Act, there shall be paid on every article for transmission by post, such postage and other sums as may be prescribed by the postal company.
(2)Save as is otherwise prescribed by the postal company, the postage and any fees which may be payable in respect of any postal article posted within the Republic shall be prepaid by means of postage stamps, issued for the Republic by the postal company, and not previously used, obliterated or defaced, and in default thereof there shall be payable in money upon every such postal article, at the time of or after delivery thereof, an amount so prescribed.
(3)In the case of loose postal articles received from masters of vessels, the single rates of postage applicable to articles posted in the Republic for delivery therein shall be chargeable and may be collected in money on delivery.
[section 13 amended by section 3 of Act 56 of 1973, by section 7 of Act 113 of 1976, by section 3 of Act 37 of 1984 and substituted by section 10 of Act 85 of 1991]

14. ***

[section 14 repealed by section 8 of Act 113 of 1976]

15. ***

[section 15 repealed by section 11 of Act 85 of 1991]

16. ***

[section 16 amended by section 2 of Act 80 of 1965 and repealed by section 4 of Act 56 of 1973]

17. ***

[section 17 substituted by section 5 of Act 56 of 1973 and repealed by section 4 of Act 37 of 1984]

18. ***

[section 18 repealed by section 6 of Act 56 of 1973]

19. Letters to have precedence over other articles in certain circumstances

Whenever in the opinion of the postal company the dispatch or delivery of letters from a post office 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 the regulations of the postal company, be detained in such post office for subsequent dispatch or delivery.[section 19 substituted by section 12 of Act 85 of 1991]

20. ***

[section 20 amended by section 3 of Act 80 of 1965 and repealed by section 8 of Act 113 of 1976]

21. ***

[section 21 repealed by section 8 of Act 113 of 1976]

22. When postal articles deemed to be in course of transmission, or to be posted or delivered

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 being delivered to a post office to the time of its being delivered to the person to whom it is addressed;
(b)the placing of a postal article of any description in a pillar box or other receptacle provided for the purpose by or with the approval of the postal company or the delivery of a postal article to a postman or other person authorized to receive postal articles of that description for the post, shall be deemed to be delivery to a post office;[paragraph (b) amended by section 75(b) of Act 85 of 1991]
(c)the delivery of a postal article at the house or office of the person to whom the article is addressed or to his servant or agent or other person considered to be authorized to receive the article according to the usual manner of delivering that person’s postal articles or at the address specified on such article, shall be deemed to be delivery to the person addressed;
(d)delivery into a private box or private bag shall be deemed to be in all respects equivalent to personal delivery to the addressee.

23. ***

[section 23 repealed by section 8 of Act 113 of 1976]

24. Articles deemed to be posted in contravention of Act

A postal article received in a post office shall be deemed to have been posted in contravention of this Act—
(a)if the postage stamps thereon have been previously used, obliterated or defaced;
(b)if any profane, blasphemous, indecent, obscene, offensive or libellous matter appears on the outside thereof or any indecent or obscene matter is en­closed therein; or
(c)if it is posted or contains anything in fraud of or contrary to the provisions of this Act or any other law.

25. Postal articles to be sent by postmasters to returned letter office for disposal

(1)Subject to the provisions of subsection (2), any postal article—
(a)which is without address or bears an illegible address or is otherwise undeliverable; or
(b)which is refused by the person to whom it is for disposal addressed; or
(c)which has been posted or is reasonably suspected to have been posted in contravention of this Act or any other law,
shall be sent to the office known as the returned letter office and dealt with as may be prescribed by the postal company.[subsection (1) amended by section 13 of Act 85 of 1991]
(2)Any postal article referred to in subsection (1)(a) or (b)—
(a)excluding a letter or parcel, and which does not bear on the outside thereof the name and address of the sender, which in the opinion of the postal company is of little value or importance, which does not contain any money, documents or valuable articles and which has not been posted upon the public service, or any postal article referred to in subsection (1)(c), may, according to the postal company’s direction, be destroyed or disposed of in some other manner;[paragraph (a) amended by section 75(b) of Act 85 of 1991]
(b)which bears on the outside thereof the name and address of the sender, may be returned to him or delivered to him direct.
[section 25 substituted by section 7 of Act 56 of 1973]

26. Articles subject to customs duty

Any postal article containing or suspected of containing an enclosure upon which customs duty is payable shall be dealt with as prescribed by the postal company, subject to any law relating to customs.[section 26 substituted by section 14 of Act 85 of 1991]

27. Articles other than letters may be opened for examination

(1)Any postal article, other than a letter, may be opened in the post for examination in order to ascertain whether that article is entitled to transmission at the rate of postage pre­paid thereon or has been posted in contravention of this Act.
(2)The postal company shall decide as to whether any postal article is a letter or any other description of postal article within the meaning of this Act.[subsection (2) amended by section 75(b) of Act 85 of 1991 and substituted by section 21 of Act 88 of 1996]

28. Treatment of unclaimed letters in returned letter office

(1)Subject to the provisions of subsection (2), any postal article originally posted within the Republic and which is sent to the returned letter office in terms of section 25, shall be opened by an officer nominated by the postal company for that purpose, and shall, unless it contains any valuable or saleable enclosure or has in the opinion of the postal company been posted in contravention of this Act or with intent to evade payment of the postage properly chargeable thereon, be returned to the sender thereof if his name and address are known, and may, if the sender refuses to receive it or if his name and address are not known, according to the postal company’s direction, be destroyed or disposed of in some other manner.[subsection (1) amended by section 75(b) of Act 85 of 1991]
(2)Any postal article referred to in subsection (1) the name and address of the sender of which are known but which, in the opinion of the postal company, is of little value or importance, which does not contain any documents, has not been transmitted by registered post and has not been posted upon the public service, may, after it has been retained for the period prescribed by the postal company and with due regard to the requirements prescribed by that company, be destroyed or disposed of in any other manner so prescribed.[subsection (2) substituted by section 15 of Act 85 of 1991]
[section 28 substituted by section 8 of Act 56 of 1973]

29. Unclaimed articles of value and articles posted in contravention of Act

(1)Every postal article opened under the provisions of this Act which contains any valuable or saleable enclosure, shall be safely kept and a record thereof and of its contents shall be made and preserved, and the postal company shall, unless any such postal article or the contents thereof have in his opinion been posted in contravention of this Act or with intent to evade payment of the postage properly charge­able thereon, cause notice of his possession of that article and of the contents thereof to be sent to the person to whom the same is addressed or, if he cannot be found, to the sender thereof if he can be found, and shall, upon application by the person to whom the notice has been sent, cause such postal article and its contents to be delivered to any such person upon payment of all charges due thereon.
(2)If no application under sub-section (1) is made within three months after the sending of any notice under that sub­section, or if the postal article in question or the contents thereof have in the opinion of the postal company been posted in contravention of this Act or with intent to evade payment of any charge properly payable thereon, such article and its contents shall (without affecting the liability to any penalty or punishment to which the sender may be subject) be destroyed, sold or otherwise disposed of as the postal company may direct.Provided that whenever in the application of the provisions of this subsection the question arises as to whether any profane, blasphemous, indecent, obscene or offensive matter appears on the outside of any postal article or is enclosed therein, the postal company shall not take any decision in regard to that question except in consultation with a committee as defined in section 47 of the Publications Act, 1974, and designated by the directorate referred to in that section, for the purposes of this section, either generally or in any particular case.[subsection (2) amended by section 21 of Act 26 of 1963 and by section 48 of Act 42 of 1974]
(3)The proceeds of the sale of any postal article or the contents thereof as aforesaid, as well as any such contents consisting of money or any order or security for money, shall be paid into and form part of the postal revenue.
(4)Any such order or security for money shall for the purpose of procuring payment be deemed to be the property of the postal company.
[section 29 amended by section 75(b) of Act 85 of 1991]

30. Sender of undelivered article liable for all charges due thereon

The sender of any undelivered postal article shall on demand pay all charges due thereon and shall, in the event of his refusal to pay such charges, be guilty of an offence and liable on conviction to a fine not exceeding R10: Provided that nothing in this section contained shall be construed as releasing the person to whom any postal article is originally addressed from liability to pay the charges due thereon if such a postal article is delivered to him.[section 30 amended by section 16 of Act 85 of 1991]

31. Delay in transmission, return to sender or delivery to other than addressee of article prohibited

Save as expressly provided in this Act, no postal article shall be delayed in transmission or returned to the sender or be delivered to any person not named in the address thereof, except with the consent in writing of the addressee or on the special authority of the postal company.[section 31 amended by section 75(b) of Act 85 of 1991]

32. ***

[section 32 repealed by section 9 of Act 56 of 1973]

33. Articles addressed to insolvent persons

Whenever any person has been found to be insolvent by a competent court in the Republic, the postal company shall, if that court so orders, and for so long as may be specified in the order, cause all postal articles addressed to such person to be delivered to the person named in the order.[section 33 amended by section 75(b) and section 75(d) of Act 85 of 1991]

34. Articles addressed to deceased persons

Postal articles addressed to deceased persons may be delivered to the executors or administrators of those deceased persons on the production of letters of administration or, pending production of letters of administration, at the addresses indicated thereon.

35. Articles addressed to persons conducting a lottery or sports pool or dealing in indecent or obscene matter

When the postal company is satisfied on enquiry or by any advertisement, letter, circular or other documentary evidence that any person is conducting or assisting as agent or otherwise in conducting a lottery or sports pool, or is dealing in indecent or obscene matter, and is using the services of the postal company for the purpose, the postal company may detain or delay all postal articles addressed to such person (whether under his own or under a fictitious or assumed name) or his agent or representative, or to any address of any such person, agent or representative without the name of any person appearing thereon, and all such postal articles may be opened and returned to the senders thereof or otherwise disposed of as the postal company may deem fit.[section 35 substituted by section 13 of Act 51 of 1965 and amended by section 75(b) of Act 85 of 1991]

36. Notice of departure of vessels

(1)The master or agent of any vessel, except any master or agent exempted in terms of section 45A from compliance with the provisions of this section, which is about to depart from any port within the Republic shall give to the postmaster at the port from which that vessel is about to depart, notice in writing of the intended time of departure and the ports of call and destination of that vessel.[subsection (1) substituted by section 9 of Act 113 of 1976]
(2)Any such notice shall be given so as to terminate be­tween the hours of eight o’clock in the forenoon and six o’clock in the afternoon—
(a)not less than twenty-four hours before the intended time of departure if the destination of the vessel in question is a port outside the Republic; and
(b)not less than three hours before that time if such destination is a port within the Republic:
Provided that shorter notice may be allowed by the postal company or the postmaster at the port of departure in any particular case or special class of cases.[subsection (2) amended by section 75(b) and section 75(d) of Act 85 of 1991]
(3)Any postmaster who receives any such notice shall thereupon grant to the master of the vessel a certificate stating the day and hour when the notice was given and that the pro­visions of this Act have been complied with, and until such a certificate has been given clearance papers shall not be given in respect of the vessel.
(4)Where the time of departure of any such vessel is post­poned for a period exceeding one hour, the master or agent of that vessel shall forthwith advise the postmaster concerned accordingly.
(5)Any such master or agent who omits to give any notice required under this section, or who departs from a port before the time mentioned in any such notice, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000.[subsection (5) amended by section 17 of Act 85 of 1991]

37. Masters of vessels to convey mail tendered to them

The master of any vessel, except any master exempted in terms of section 45A from compliance with the provisions of this section, shall receive hereon any mail tendered to him by an officer for conveyance, and shall give a receipt therefor in such form as may be required by the postal company, and shall without delay deliver such mail according to the direction thereof at the port of call or destination, and in default of compliance with any provision of this section he or the agent shall incur a penalty not exceeding one thousand rand which shall be recoverable by action in any competent court.[section 37 substituted by section 10 of Act 113 of 1976 and amended by section 75(b) of Act 85 of 1991]

38. Masters of vessels to provide facilities for the handling of postal articles

The master of any vessel, except any master exempted in terms of section 45A from compliance with the provisions of this section, shall provide all reasonable facilities on board the vessel to any officer duly authorized by the postal company, to enable that officer to receive and prepare for dispatch any postal articles which may be brought on board, for transmission up to the time of the vessel’s departure.[section 38 substituted by section 11 of Act 113 of 1976 and amended by section 75(b) of Act 85 of 1991]

39. Payment for conveyance of mails by non-contract vessels

(1)Any person, not being an officer, who without the express permission of the Director-General or of an officer having authority to give permission, enters any part of a post office in which is carried on any of the operations in respect of which an oath of secrecy is required to be taken by officers, or whilst in any post office wilfully obstructs the course of business of the department or behaves in a disorderly manner or fails to comply with any regulation issued to secure the comfort and convenience of the public or the safety of the premises, or who wilfully obstructs, hinders or delays any officer in the execution of his duty, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (1) substituted by section 39 of Act 113 of 1976]
(2)Payment for the conveyance of mails under this section shall be made only in respect of mails dispatched from a port within the Republic, and in no case in respect of mails received at any port within the Republic.
[section 39 amended by section 75(d) of Act 85 of 1991]

40. Custody of mails on board vessels

Any mail conveyed by a vessel departing from a port within the Republic shall be locked up on board the vessel apart and separate from all other articles and things, in a place which is secure, dry and vermin-proof, and if during the whole or any part of the voyage any such mail is not so locked up, the master of the vessel in question shall be guilty of an offence and liable on conviction to a fine not exceeding R500.[section 40 amended by section 18 and by section 75(d) of Act 85 of 1991]

41. Mails and gratuity to be returned if vessel does not depart according to notice given

(1)Whenever the master of a vessel has received any mail for conveyance on board, and the vessel does not depart on her voyage according to the time notified for the departure thereof as provided in section thirty-six, that master shall in writing notify the postmaster concerned of the cause and the probable duration of the delay, and shall on demand return such mail, together with any gratuity which may have been paid for the conveyance thereof, to the postmaster, port officer or customs officer or to some other person duly authorized for the purpose in writing under the hand of the postmaster concerned.
(2)Any master who fails to comply with the provisions of sub-section (1), shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000.[subsection (2) amended by section 19 of Act 85 of 1991]

42. Letters arriving by vessel to be delivered to post office by master

Any mail or letter (being within the exclusive privilege of the postal company and not included among the ex­ceptions enumerated in section seven) which at the time of the arrival of any vessel in any port within the Republic is on board directed to any person within the Republic, shall on demand be delivered by the master of the vessel to the postmaster, port officer or customs officer at that port or to some other person authorized for the purpose by writing under the hand of the postmaster concerned or, if no demand is made, at the post office with which the master of the vessel can first communi­cate.[section 42 amended by section 75(b) and section 75(d) of Act 85 of 1991]

43. Declaration to be made by masters on arrival of mails

(1)The master of any vessel, except any master one exempted in terms of section 45A from compliance with the provisions of this section, arriving at a port within the Republic shall, as soon as practicable after arrival, sign in the presence of the postmaster, port officer or customs officer or some other person appointed by the postmaster concerned to receive the same, a declaration in the form required by the postal company, of compliance with this Act, and shall not report, break bulk or make entry of any part of the cargo of such vessel in any port until such declaration has been signed.[subsection (1) substituted by section 12 of Act 113 of 1976 and amended by section 75(b) of Act 85 of 1991]
(2)Any such master who fails to make such a declaration or who makes a false declaration or who knowingly or neg­ligently detains or keeps in his possession or fails to deliver any mail or letter referred to in section forty-two after demand has been made under that section, or does not duly deliver any such mail or letter at the post office as provided in that section, or does not use due diligence in the delivery of the same, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000.[subsection (2) amended by section 20(a) of Act 85 of 1991]
(3)Any such master who reports or, except with the express permission of a customs officer, breaks bulk or makes entry before all mails or letters on board have been delivered in accordance with section forty-two, shall be guilty of an offence and liable on conviction to a fine not exceeding R200.[subsection (3) amended by section 20(b) of Act 85 of 1991]

44. Penalty for retention by any person on board a vessel of letter which should have been delivered to post office

Any person, being either the master or one of the officers or crew of a vessel inward bound or a passenger thereof, who knowingly has in his baggage or in his possession or custody any letter (except a letter not within the exclusive privilege of the postal company)—
(a)after the master of the vessel has delivered any part of the mail or letters on board his vessel to the post office; or
(b)after demand made by a postmaster, port officer or customs officer or any person duly authorized to demand the mails on board,
shall be guilty of an offence and liable on conviction, in the case of an offence under paragraph (a), to a fine not exceeding R50s, and, in the case of an offence under paragraph (b) to a fine not exceeding R100 for each such letter.[section 44 amended by section 21 and section 75(b) of Act 85 of 1991]

45. Vessels not to report, etc., until declaration signed by master

A customs officer shall not allow the master of any inward bound vessel to report until the declaration required by section forty-three has been made and produced to him, and may refuse to permit bulk to be broken on board any such vessel or entry to be made of any part of her cargo until all mail and letters on board have been delivered as required by this Act, and may search every such vessel for mails and letters which may be on board contrary to this Act, and may seize the same and forward them to the nearest post office.

45A. Exemptions

The postal company, may exempt the master or agent of any specific vessel or any vessel of a specific class or category from comptiance with any provision of section 36, 37, 38 or 43.[section 45A inserted by section 13 of Act 113 of 1976 and amended by section 75(b) of Act 85 of 1991]

Chapter IV
Money transfer services

[heading of Chapter V, previously Chapter IV, substituted by section 2 of Act 13 of 1974, renumbered and heading substituted by section 17 of Act 113 of 1976]

46. Remittance of money through department

Money may be remitted through the postal company either within or outside the Republic at rates determined by the postal company, and the postal company may authorize any employee to issue and pay money orders, postal orders and other documents authorized to be used for the purpose of so remitting money.[section 46 substituted by section 22 of Act 85 of 1991]

47. Director-General may refuse to issue or pay money orders, postal orders, etc. to certain persons

The postal company 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 the postal company, in favour of any person to whom the provisions of section 35 apply, and where payment of any such order or other document is refused, such order may, if it was issued in the Republic, be returned to the person to whom it was originally issued or otherwise disposed of as the postal company may deem fit, or, if it was issued outside the Republic, the amount thereof shall be returned to the postal authority of the country in which it was issued.[section 47 substituted by section 23 of Act 85 of 1991]

48. ***

[section 48 repealed by section 15 of Act 113 of 1976]

49. ***

[section 49 repealed by section 15 of Act 113 of 1976]

50. ***

[section 50 repealed by section 15 of Act 113 of 1976]

51. Money orders etc., to be deemed bank notes, etc., in case of forgery or theft and unissued postal orders deemed public money

(1)Any money order, postal order or other document issued under section 46 shall be deemed to be a bank note or an order for the payment of money and a valuable security within the meaning of any law relating to forgery or theft.
(2)Any unissued postal order shall be deemed to be money of the postal company.
[section 51 amended by section 16 of Act 113 of 1976 and substituted by section 24 of Act 85 of 1991]

Chapter V
Post Office Savings Bank and National Savings Certificates

[chapter V, previously chapter IV, substituted by section 2 of Act 13 of 1974 and renumbered by section 17 of Act 113 of 1976]

52. Establishment of Post Office Savings Bank

(1)There is hereby established a Post Office Savings Bank which, subject to and in accordance with the provisions of the regulations and, subject to the provisions of this Act, under the control and management of the postal company, shall undertake such activities as are customary for a financial institution carrying on the business of accepting deposits.
(2)Interest on deposits in the Post Office Savings Bank shall be paid at a rate determined from time to time by the postal company, with the concurrence of the Minister of Finance, in the case of each kind of deposit.
[section 52 substituted by section 5 of Act 37 of 1984 and by section 25 of Act 85 of 1991]

53. ***

[section 53 amended by section 5 of Act 25 of 1970, substituted by section 18 of Act 113 of 1976 and repealed by section 6 of Act 37 of 1984]

54. Deposits in Post Office Savings Bank and National Savings Certificates in name of minors or married women

Notwithstanding anything to the contrary contained in any other law—
(a)deposits in the Post Office Savings Bank made by or for the benefit of, or any National Savings Certificate issued in favour of, any person under 21 years of age, may be repaid to that person after he has attained the age of seven years, or such other age above seven years as may be determined by regulation in respect of any particular kind of deposit or account in the Post Office Savings Bank, in every respect as if he were of full age; and
(b)deposits in the Post Office Savings Bank standing in the name of, or any National Savings Certificate issued in favour of, a married woman shall be repayable to her as if she were unmarried.
[section 54 substituted by section 3 of Act 13 of 1974 and by section 7 of Act 37 of 1984]

55. ***

[section 55 repealed by section 19 of Act 113 of 1976]

56. ***

[section 56 amended by section 34(1) of Act 67 of 1968, by section 10(2) of Act 56 of 1973, by section 2 of Act 1 of 1978 and by section 6 of Act 27 of 1983, substituted by section 4 of Act 13 of 1974, by section 20 of Act 113 of 1976 and repealed by section 8 of Act 37 of 1984]

57. ***

[section 57 substituted by section 21 of Act 113 of 1976, by section 3 of Act 1 of 1978 and repealed by section 9 of Act 37 of 1984]

58. ***

[section 58 substituted by section 22 of Act 113 of 1976, amended by section 4 of Act 1 of 1978 and repealed by section 10 of Act 37 of 1984]

58A. ***

[section 58A inserted by section 5 of Act 1 of 1978 and repealed by section 11 of Act 37 of 1984]

59. ***

[section 59 repealed by section 12 of Act 37 of 1984]

60. ***

[section 60 repealed by section 12 of Act 37 of 1984]

61. ***

[section 61 repealed by section 12 of Act 37 of 1984]

62. ***

[section 62 repealed by section 12 of Act 37 of 1984]

63. ***

[section 63 repealed by section 12 of Act 37 of 1984]

64. ***

[section 64 repealed by section 26 of Act 85 of 1991]

65. Secrecy

No person shall, in respect of the transactions of any depositor in the Savings Bank or any holder of a National Savings Certificate, disclose any information (including the name of any such depositor or holder) which came to his knowledge in the performance of his duties and functions in terms of this Act, except—
(a)to an employee appointed by the postal company to assist in carrying out the provisions of this Chapter;
(b)to the Commissioner for Inland Revenue, for the purposes of any law relating to the imposition of any tax or levy;
(c)to the Master in relation to the administration of the estate of any deceased depositor in the Savings Bank or holder of a National Savings Certificate; or
(d)when required by order of a competent court:
Provided that nothing in this section contained shall be deemed to limit the authority of the auditors of the successor company to require a disclosure of such accounts and documents as may be necessary to enable them to carry out the duties imposed upon them by law.[section 65 substituted by section 5 of Act 13 of 1974, amended by section 13(a) of Act 37 of 1984 and substituted by section 27 of Act 85 of 1991]

66. ***

[section 66 amended by section 35 of Act 67 of 1968 and repealed by section 6 of Act 13 of 1974]

67. ***

[section 67 substituted by section 7 of Act 13 of 1974 and repealed by section 23 of Act 113 of 1976]

68. ***

[section 68 repealed by section 8 of Act 13 of 1974]

69. ***

[section 69 amended by section 19 of Act 80 of 1959, by section 15 of Act 76 of 1961, substituted by section 9(1) of Act 102 of 1969 and repealed by section 9 of Act 13 of 1974]

70. Transfer of deposits from or to another country

The postal company may in accordance with arrangements made with any postal authority for the transfer from or to the Republic of sums of money standing to the credit of depositors in the Savings Bank or depositors in a savings bank controlled by that postal authority and subject to the provisions of this Act and of any regulation made under section 9 of the Currency and Exchanges Act, 1933 (Act No. 9 of 1933), place any sum so transferred to the postal company to the credit of a depositor’s ordinary account.[section 70 substituted by section 24 of Act 113 of 1976, amended by section 14 of Act 37 of 1984 and substituted by section 28 of Act 85 of 1991]

71. ***

[section 71 repealed by section 10 of Act 13 of 1974]

72. ***

[section 72 substituted by section 11 of Act 56 of 1973, by section 25 of Act 113 of 1976 and repealed by section 15 of Act 37 of 1984]

73. ***

[section 73 amended by section 12 of Act 56 of 1973 and repealed by section 26 of Act 113 of 1976]

74. ***

[section 74 repealed by section 26 of Act 113 of 1976]

75. ***

[section 75 repealed by section 26 of Act 113 of 1976]

76. ***

[section 76 amended by section 11 of Act 58 of 1966, by section 36(1) of Act 67 of 1968, substituted by section 11 of Act 13 of 1974 and repealed by section 26 of Act 113 of 1976]

76A. Inactive accounts

If a balance in an ordinary account has remained unchanged for more than a period determined by the Minister by regulation (but which may not be less than two years), except for the accrual of interest, the postal company may in its discretion transfer the balance to the revenue of the postal company and utilize it for the purposes of the company: Provided that if the depositor concerned or any person legally competent to claim the balance on his behalf applies for the repayment thereof, or if an amount for deposit in the ordinary account concerned is paid after such transfer, an amount equal to the balance and the interest which would have accrued thereon if it had not been so transferred shall be transferred from the revenue of the postal company to the credit of the depositor concerned.[section 76A inserted by section 27 of Act 113 of 1976, amended by section 75(b) of Act 85 of 1991 and substituted by section 11 of Act 101 of 1992]

77. ***

[section 77 substituted by section 12 of Act 13 of 1974 and repealed by section 28 of Act 113 of 1976]

77A. Issue of National Savings Certificates

(1)Notwithstanding anything to the contrary contained in any other law the postal company may from time to time, with the approval of the Minister in the case of each issue, raise money by way of issues of National Savings Certificates.
(2)The conditions upon which National Savings Certificates are issued, shall in the case of each issue be determined by the Minister in consultation with the Minister of Finance and shall be prescribed by regulation: Provided that the term of any certificate shall not exceed ten years.[subsection (2) substituted by section 1(a) of Act 75 of 1981]
(3)[subsection (3) deleted by section 1(b) of Act 75 of 1981]
(4)On the amount represented by any National Savings Certificate which is not repaid before or on the expiry of the term thereof, interest may be paid from the expiry of such term to the date of repayment, at such rate as the Minister in consultation with the Minister of Finance may determine and which shall be prescribed by regulation.[subsection (4) substituted by section 1(c) of Act 75 of 1981]
(5)The maximum amount which may be invested and held by—
(a)any single natural person;
(b)any natural person and, in a case where he is liable for the payment of income tax in respect of interest earned by any other natural person on National Savings Certificates, such other person jointly;
(c)any body or institution from which investments in National Savings Certificates may be accepted,
in any particular, or in more than one, issue of National Savings Certificates, shall, with the approval of the Minister and with the concurrence of the Minister of Finance, be prescribed by regulation.[subsection (5) substituted by section 16 of Act 37 of 1984]
(6)This section shall not be so construed as to derogate from the power of the postal company to borrow or raise money under the provisions of any other law.
[section 77A added by section 13 of Act 13 of 1974 and amended by section 75(b) of Act 85 of 1991]

77B. Regulations as to National Savings Certificates

(1)Subject to the provisions of section 77A, the Minister may make regulations—
(a)as to any matter which by this Act is required or permitted to be prescribed by regulation in respect of National Savings Certificates;
(b)prescribing the procedure which shall be observed at the issue of, and the payment of amounts represented by, National Savings Certificates and the forms which shall be used in connection therewith;
(c)prescribing in respect of each issue of National Savings Certificates the price of issue, term, units or multiples of units in which certificates may be issued, rate of interest and times and manner of payment of interest, and, subject to paragraph (d) of this subsection and the proviso to paragraph (b) of subsection (2), the minimum period which shall elapse from the date of issue of any certificate before the amount represented by it may be repaid;[paragraph (c) substituted by section 2(a) of Act 75 of 1981 and by section 7(a) of Act 27 of 1983]
(d)as to the circumstances under which and the conditions upon which any National Savings Certificate may be repaid before the expiry of the minimum period prescribed under paragraph (c);[paragraph (d) substituted by section 2(a) of Act 75 of 1981]
(dA)as to the conditions and procedure applying to the transfer of any National Savings Certificate by the holder thereof to another person, the forms to be used in connection with such transfer and the fees payable in respect thereof;[paragraph (dA) inserted by section 2(b) of Act 75 of 1981]
(e)as to the replacement of any National Savings Certificate which has been lost, destroyed or damaged, and the fees payable in respect of any such replacement;
(f)as to the issue of National Savings Certificates to certain persons or classes of persons;
(fA)as to the purchase of any National Savings Certificate by a trustee on behalf of a beneficiary and by one person in the name of another on particular conditions relating to the repayment of the amount represented by such certificate and compliance with such conditions, and as to limitations and requirements (including different limitations or requirements in respect of different categories of such investments or different categories of such investors) that shall apply to such purchases;[paragraph (fA) inserted by section 29(b) of Act 113 of 1976 and substituted by section 17 of Act 37 of 1984]
(g)as to, generally, any other matters in respect of which he deems it necessary or expedient to make regulations in order that the objects of this Act relating to National Savings Certificates may be achieved.
[subsection (1) amended by section 29(a) of Act 113 of 1976]
(2)Regulations made in terms of subsection (1) may prescribe as a condition of any particular issue of National Savings Certificates—
(a)that the interest thereon shall be exempted from income tax, and the interest on National Savings Certificates issued upon any such condition shall be so exempted;
(b)that the rate of interest prescribed by the said regulations in relation to the relevant issue of National Savings Certificates, may from time to time be increased or decreased by the Minister by way of an amendment of the said regulations: Provided that if any such rate of interest is decreased, any National Savings Certificate affected thereby shall, as from the date on which the said rate of interest is decreased, be repayable at the request of the holder of the relevant National Savings Certificate, together with any interest accrued thereon on the date of repayment.
[subsection (2) substituted by section 7(b) of Act 27 of 1983]
(3)Different regulations may in terms of subsection (1) be made in respect of different issues of National Savings Certificates.
(4)No regulation shall be made in terms of subsection (1)(c), (d) or (f) except in consultation with the Minister of Finance.[subsection (4) added by section 2(c) of Act 75 of 1981]
[section 77B added by section 13 of Act 13 of 1974]

77C. Security for repayment of certain deposits and of amounts represented by certain certificates

The revenue and assets of the postal company and thereafter the State, shall serve as security for the repayment of deposits in the Savings Bank and of the amounts represented by Savings Bank, National Savings and Union Loan Certificates, and for the payment of interest due thereon.[section 77C added by section 13 of Act 13 of 1974 and substituted by section 30 of Act 85 of 1991]

77D. ***

[section 77D added by section 13 of Act 13 of 1974, substituted by section 30 of Act 113 of 1976, by section 18 of Act 37 of 1984 and repealed by section 31 of Act 85 of 1991]

77E. ***

[section 77E added by section 31 of Act 113 of 1976, substituted by section 19 of Act 37 of 1984 and repealed by section 32 of Act 85 of 1991]

77F. Loans made from funds of Post Office Savings Bank

Money made available by way of loans from the funds of the Post Office Savings Bank for use by the department, shall from the telecommunications transfer date be deemed to be owing by the telecommunications company to the postal company, which loan shall from the telecommunications transfer date be deemed to be represented by debentures issued for the amount of the loan by the telecommunications company in terms of the Companies Act subject to such conditions as the Minister with the concurrence of the Minister of Finance may determine.[section 77F added by section 33 of Act 85 of 1991]

Chapter VI
Telecommunications

[chapter VI, previously chapter V, renumbered and substituted by section 32 of Act 113 of 1976]

78. ***

[section 78 substituted by section 33 of Act 113 of 1976, amended by section 23 of Act 61 of 1982, by section 7 of Act 24 of 1990, by section 34 of Act 85 of 1991 and repealed by section 106 of Act 103 of 1996]

79. ***

[section 79 substituted by section 32 of Act 55 of 1965, by section 43 of Act 63 of 1975, by section 35 of Act 85 of 1991 and repealed by section 107 of Act 103 of 1996]

80. ***

[section 80 substituted by section 4 of Act 80 of 1965, by section 36 of Act 85 of 1991 and repealed by section 108 of Act 103 of 1996]

80A. ***

[section 80A inserted by section 14 of Act 56 of 1973, amended by section 75(c) of Act 85 of 1991 and repealed by section 109 of Act 103 of 1996]

80B. ***

[section 80B inserted by section 14 of Act 56 of 1973, amended by section 75(c) of Act 85 of 1991 and repealed by section 109 of Act 103 of 1996]

81. ***

[section 81 substituted by section 37 of Act 85 of 1991 and repealed by section 110 of Act 103 of 1996]

82. ***

[section 82 amended by section 75(a) and (c) of Act 85 of 1991, by section 33 of Act 55 of 1965, by section 44 of Act 63 of 1975 and repealed by section 111 of Act 103 of 1996]

83. ***

[section 83 amended by section 1 of Act 50 of 1962, by section 5 of Act 80 of 1965, by section 21 of Act 80 of 1971, by section 15 of Act 56 of 1973, by section 75(a) and 75(c) of Act 85 of 1991 and repealed by section 112 of Act 103 of 1996]

84. ***

[section 84 substituted by section 38 of Act 85 of 1991 and repealed by section 113 of Act 103 of 1996]

85. ***

[section 85 repealed by section 38 of Act 85 of 1991]

86. ***

[section 86 amended by section 75(a) and 75(c) of Act 85 of 1991 and repealed by section 114 of Act 103 of 1996]

87. ***

[section 87 amended by section 75(a) and 75(c) of Act 85 of 1991 and repealed by section 114 of Act 103 of 1996]

88. ***

[section 88 substituted by section 40 of Act 85 of 1991 and repealed by section 115 of Act 103 of 1996]

89. Order of transmission of telegrams

(1)Telegrams and telephonic communications shall be sent for all persons alike, without favour or preference, and shall as far as practicable be transmitted in the order in which they are received, but telegrams and telephonic communications relating to the preservation of the peace of the Republic or of the adjacent territories or the arrest of criminals or the discovery or prevention of crime or any other matter connected with the administration of justice shall have precedence over all other telegrams and telephonic communications: Provided that nothing in this section contained shall be held to prevent precedence being given to any class of telegrams under such conditions and upon payment of such special rates of charges as may be prescribed by the telecommunications company. And provided further that no person shall be permitted to occupy a telecommunications line in such a manner as unreasonably to impede the speedy transmission of other telegrams and telephonic communications.[subsection (1) substituted by section 34 of Act 113 of 1976 and amended by section 41(a) of Act 85 of 1991]
(2)Any officer who wilfully offends against the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (2) amended by section 41(b) of Act 85 of 1991]

90. Telegrams which may be refused transmission

Any telegram which, in the opinion of the postal company or the telecommunications company, contains anything in its contents, address or signature of a blasphemous, indecent, obscene, offensive or libellous nature or anything repugnant to law or decency, shall be refused transmission.[section 90 substituted by section 42 of Act 85 of 1991]

90A. ***

[section 90A inserted by section 43 of Act 85 of 1991, amended by section 14 of Act 129 of 1993 and repealed by section 116(1) of Act 103 of 1996]

Chapter VII
Offences and penalties

[chapter VII, previously chapter VI, renumbered by section 35 of Act 113 of 1976]

91. Forging, etc., of stamps, dies, etc.

Any person who, without due authority or lawful excuse (the proof of which shall be upon such person)—
(a)makes, alters, imitates or imports or assists in making, altering, imitating or importing any postage stamp, date stamp, card, envelope, wrapper, cover or any money order, postal order or Savings Bank warrant or any other warrant or order for the payment of money through the postal company or acknowledgement of deposit or any form or paper similar to that used or made for the purposes of the functions of the postal company or by any postal authority, or uses, issues, offers, exposes for sale, sells, deals in, sends by post or disposes of or has in his custody or possession any such stamp, date stamp, card, envelope, wrapper, cover, money order, postal order, Savings Bank warrant or any other warrant or order, acknowledgement of deposit, form or paper, knowing it to have been made or altered or to be an imitation contrary to this section;
(b)engraves or in any manner makes upon any plate or material any stamp or mark or figure or device in imitation of or resembling any stamp or mark or figure or device used or made for the purposes of the functions of the postal company or by any postal authority, or sells, disposes of, purchases, receives, or has in his custody or possession any plate or material so engraved or made;
(c)makes or assists in making or has in his custody or possession any mould, frame or other instrument having thereon any words, letters, figures, marks, lines or devices peculiar to paper provided, used or made for any postage stamps or for any other purposes of the functions of the postal company or by any postal authority;
(d)makes or assists in making or has in his custody or possession any paper in the substance of which appear any words, letters, figures, marks, lines or devices peculiar to paper provided, used or made for any postage stamps or for any other purposes of the functions of the postal company or by any postal authority, or makes, purchases, sells, disposes of or receives or has in his custody or possession any paper provided or made for the purpose of being used for any postage stamps or for any other purposes of the functions of the postal company or by any postal authority before the same has been issued for public use;
(e)makes use of any stamp, die, plate or paper engraved or made for the purposes of the functions of the postal company or by any postal authority, or sells, disposes of, purchases, receives or has in his custody or possession any such paper or material whatever bearing an impression or mark of any such stamp, die or plate; or
(f)makes on any envelope, wrapper, card, form or paper any mark in imitation of or similar to or purporting to be any official stamp or mark used for the purposes of the functions of the postal company or by any postal authority or any words, letters, device or marks which signify or imply or may reasonably be regarded as signifying or implying that any article bearing such words, letters, device or marks has been in or is entitled to be sent through the post,
shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding seven years, and any stamp, die, plate, instrument or material found in the possession of any person in contravention of this section shall be seized and forfeited.[section 91 amended by section 36 of Act 113 of 1976 and substituted by section 44 of Act 85 of 1991]

92. Removing marks from stamps, etc., with intent to defraud

(1)Any person who, with intent to defraud—
(a)removes from any article sent by post or from any telegram or document used for the purposes of the functions of the postal company or the telecommunications company, any stamp which has been affixed thereon, or wilfully removes, either really or apparently, from any stamp which has been previously used, any mark or impression which has been made thereon at any post office, or knowingly utters, puts off or uses any stamp or any part of any stamp which has been so removed or from which any such mark or impression has been removed;
(b)erases, cuts, scrapes, defaces, obliterates or otherwise discharges or removes from, either really or apparently, or in any manner adds to or alters any mark or impression upon any postal article, money order, postal order, Savings Bank warrant or other warrant or order or acknowledgement of deposit, paper or other material provided, used or made for the purposes of the functions of the postal company or by any postal authority; or
(c)makes, does or practises or is concerned in any other act, contrivance or device for which no specific penalty is provided, or attempts unlawfully to evade payment of any of the rates, fees or duties determined under this Act,
shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (1) substituted by section 45 of Act 85 of 1991]
(2)For the purposes of this section the sender of any postal article shall, unless the contrary is proved, be deemed to be the person by whom any postage stamp upon that article was affixed.
(3)In any proceedings in respect of any offence under this section the burden shall lie on the accused of proving an absence of intent to defraud.

93. Negligence or intoxication while in charge of mail, false report of assault, and irregularly receiving, conveying, or delivering of postal articles

Any person authorized to receive or in any way to handle any mail, who—
(a)negligently loses or wilfully detains, delays, misdelivers or omits to dispatch any mail (whether or: not the same is afterwards recovered or delivered) or communicates or divulges the contents of any postal article;
(b)while in charge of any mail leaves it, or suffers any person, not being the guard or person employed for that purpose, to travel in the place appointed for the guard in or upon any conveyance carrying that mail or to travel in or upon any such conveyance not authorized to carry passengers or upon any horse or other animal conveying that mail;
(c)is guilty of carelessness, negligence or any misconduct whereby the safety of any mail is endangered;
(d)while in charge of any mail is intoxicated or loiters or wilfully misspends or loses time so as to retard the arrival of the mail at its proper destination within the time fixed for its arrival, or does not use due care and diligence safely to convey the mail at the due rate of speed;
(e)gives any false information of any assault or attempt at robbery upon him; or
(f)without due authority, collects, receives, conveys or delivers any postal article otherwise than in the ordinary course of post,
shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for any period not exceeding six months or to both such fine and such imprisonment.[section 93 amended by section 46 of Act 85 of 1991]

94. Fraudulent, injurious, and offensive practices in connection with postal articles and premises

(1)Any person who—
(a)with intent to defraud, puts into any post office any­thing purporting to be a postal article within the exemptions specified in this Act, or any postal article purporting to belong to a class in respect of which a lower rate of postage or no postage is chargeable, or any postal article containing any other postal article unstamped or insufficiently stamped which if sent alone would be liable to postage;
(b)with intent to defraud, puts into any post office any article in or upon or with which there is any com­munication, intelligence, character, figure, number, mark, matter or thing not allowed by this Act or by any other law, or wilfully subscribes on the outside of any postal article or otherwise a false statement of the contents thereof;
(c)puts into any post office any article in which or with which or upon which there is any indecent or obscene matter or anything of a profane, libellous or grossly offensive character;
(d)without due authority (the proof of which shall be on such person) places or paints anything whatsoever upon, or wilfully injures, disfigures or tampers with any post office or any card, notice or other property of or used by or on behalf of the postal company or telecommunications company or commits a nuisance on or against any post office or against or upon any such card, notice or property;[paragraph (d) substituted by section 47(a) of Act 85 of 1991]
(e)detains, secretes or keeps any mail or postal article which ought to have been delivered to another person or which has been found by himself or by any other person;
(f)by false pretence or misstatement induces any officer to deliver to him or to any other person any postal article not addressed to or intended for either of them,
shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment, without prejudice to any right the postal company or telecommunications company may have of proceeding civilly against any person convicted under paragraph (d) hereof for compensation for such damage as may have been caused by him.[subsection (1) amended by section 47(b) of Act 85 of 1991]
(2)In any proceedings in respect of any offence under paragraph (a) or (b) of sub-section (1) the burden of proving an absence of intent to defraud shall lie on the accused.

95. Placing of anything dangerous, filthy, noxious, or deleterious in or against any post office, and theft of or stopping with intent to rob any mail or postal article

(1)Any person who—
(a)sends in or with any postal article or puts into or against any post office any fire, match or light or any explosive, dangerous, filthy, noxious or deleterious matter or thing or any matter or thing which is likely to injure any post office, person or mail;
(b)steals any mail or steals from any mail or post office or from the possession or custody of any officer or for any purpose embezzles or raudulently secretes or destroys any postal article or any of the contents thereof;
(c)receives any such mail or postal article or any of the contents thereof knowing the same to have been stolen, embezzled or fraudulently secreted or to have been sent or intended to be sent by post; or
(d)stops any mail with intent to rob or search that mail,
shall be guilty of an offence and liable on conviction to a fine not exceeding R28 000 or imprisonment for a period not exceeding seven years or to both such fine and such imprisonment: Provided that the postal company may, subject to special precautions determined by it, exempt from the provisions of this section noxious or deleterious matter sent in the interest of public health.[subsection (1) amended by section 48(a) of Act 85 of 1991]
(2)Notwithstanding anything to the contrary contained in any law, the postal company or telecommunications company may cause any article referred to in subsection (1)(a) or any postal article of which he suspects that it contains such an article, to be removed at any time by a police official or any person designated by a police official or to be handed over for examination to a police official or such other person, and a police official may destroy or render harmless or cause to be destroyed or rendered harmless any such article or postal article which he considers to be dangerous, or may otherwise dispose thereof.[subsection (2) substituted by section 48(b) of Act 85 of 1991]
[section 95 substituted by section 37 of Act 113 of 1976]

96. Irregular opening of or tampering with mail or irregular destruction, secretion or opening of postal articles

Any officer who otherwise than in pursuance of his duty opens or tampers with or wilfully destroys, makes away with or secretes or suffers to be opened or tampered with, destroyed, made away with or secreted any mail or postal article, and any person who opens or tampers with or wilfully destroys, makes away with or secretes any mail, shall be guilty of an offence and liable on conviction to a fine not exceeding R28 000 or imprisonment for a period not exceeding seven years or to both such fine and such imprisonment.[section 96 substituted by section 38 of Act 113 of 1976 and amended by section 49 of Act 85 of 1991]

97. Wilfully obstructing or delaying mail

Any person who wilfully interferes with the conveyance of any mail or through whose act or neglect the conveyance of any mail is interfered with, shall be guilty of an offence and liable on conviction to a fine not exceeding R400 or, in default of payment, imprisonment for a period not exceeding one month, for each hour or part of an hour during which the delivery of the mail is delayed in consequence of any such interference.[section 97 amended by section 50 of Act 85 of 1991]

98. Wilful opening or delay by any person other than officer of postal article or telegram addressed to another person

(1)Any person, not being an officer, who wilfully opens any postal article or telegram which he knows ought to have been delivered to another person or does any act or thing whereby the due delivery of that article or telegram to such other person is prevented, obstructed or delayed, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (1) amended by section 51(a) of Act 85 of 1991]
(2)Nothing in this section contained shall apply to any person who does any act to which this section applies where that person is the parent or in the position of parent or guardian of the addressee and the addressee is a minor under sixteen years of age or a ward.
(3)[subsection (3) deleted by section 51(b) of Act 85 of 1991]

99. Unauthorized use of words "Post office", "mail", "yellow page directory", "telex directory", "telephone directory", etc.

Any person who without the authority of the postal company or the telecommunications company, as the case may be (the proof of which shall be on the accused)—
(a)places or maintains or suffers to be placed or maintained or to remain in, on or near any house, premises, wall, door, window, box, post, pillar or other place belonging to him or under his control the words ‘Post Office’ or any other word or a mark which may imply or may give reasonable cause for believing that house, premises, wall, door, window, box, post, pillar or other place to be a post office;
(b)places or maintains or permits to be placed or maintained or to remain on any vehicle or vessel the word ‘mail’ or any other word or mark which may imply or may give reasonable cause for believing that such vehicle or vessel is used for the conveyance of mails; or
(c)in connection with any publication or proposed publication, or in any invitation, prospectus, order form, notice, invoice or advertisement relating to any publication, uses the words ‘telephone directory’, ‘yellow page directory’, ‘yellow pages’, ‘telex directory’ or any other word or a mark, in circumstances or in a manner which may imply or may give reasonable cause for believing that such a publication or proposed publication is a telephone directory, yellow page directory, telex directory or other publication published on the authority of the postal company or the telecommunications company,[paragraph (c) substituted by section 52(b) of Act 85 of 1991]
shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[section 99 substituted by section 16 of Act 56 of 1973 and amended by section 52(a) and 52(b) of Act 85 of 1991]

100. ***

[section 100 substituted by section 39 of Act 113 of 1976 and repealed by section 53 of Act 85 of 1991]

101. Fraudulent issue of documents or presentation or sending of communications

Any person who with fraudulent intent—
(a)issues, re-issues, utters or presents to any other person or at any post office any money order, postal order, Savings Bank warrant or other warrant, order or document for the transfer, payment or deposit of money through or with the postal company;
(b)transmits through the post or otherwise any letter, telegram or other communication or message concerning any money order, postal order, Savings Bank warrant or other warrant, order or document for the transfer, payment or deposit of money through or with the postal company;
(c)forges or, knowing it to be forged, utters any delivery slip or other document issued by the postal company as proof of the receipt of a postal article,
shall be guilty of an offence and liable on conviction to a fine not exceeding R28 000 or imprisonment for a period not exceeding seven years or to both such fine and such imprisonment, and in any proceedings in respect of any offence under this section the burden of proving an absence of fraudulent intent shall lie on the accused.[section 101 substituted by section 40 of Act 113 of 1976, amended by section 54 of Act 85 of 1991 and by section 75(b) of Act 85 of 1991]

102. Personating officers of department, postal company or telecommunica4tions company with fraudulent intent

Any person who with fraudulent intent personates or represents himself to be an officer of the department or the postal company or telecommunications company, shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.[section 102 substituted by section 55 of Act 85 of 1991]

103. False declarations

Any person who in any declaration prescribed by this Act makes a false statement knowing the same to be false, shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000.[section 103 amended by section 56 of Act 85 of 1991]

104. Theft, destruction, forging or alteration of telegrams

(1)Any person who—
(a)with fraudulent intent takes from the possession of any officer or other person having the custody thereof: for the postal company or from any post office, or steals, secretes or destroys any telegram or any part thereof or fraudulently receives any such telegram or any part thereof;[paragraph (a) amended by section 75(b) of Act 85 of 1991]
(b)forges a telegram or utters a telegram knowing the same to be forged or false or transmits by telegraph as a telegram any message or communication purport­ing to be a telegram which he knows to be forged or false; or
(c)knowingly sends, delivers or causes to be sent or de­livered to any officer for the purpose of being trans­mitted as a telegram any message or communication which has been wilfully and without due authority altered or which purports to be signed or sent by any other person without that person’s consent, or who wrongfully signs any telegram with the name of another person without that person’s consent or with the name of some fictitious person, or who wilfully and without the consent of the sender alters any telegram or writes, issues or delivers any message or communication which purports to be a telegram received through a telegraph office but which was not so received,
shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.[subsection (1) amended by section 57 of Act 85 of 1991]
(2)In any proceedings in respect of any offence under this section the burden of proving an absence of intent to defraud, ignorance of the facts or due authority for the act which is the subject of the offence, as the case may be, shall lie on the accused.

105. Divulging contents of telegrams and telephonic communications

Any officer who, not being a witness in a court of law, without the consent of the sender or addressee or receiver, or otherwise than in pursuance of his duties—
(a)opens or tampers with or divulges the contents or substance of any telegram, or discloses its existence otherwise than by delivering it or giving a copy thereof to the person to whom he is authorized to deliver it or to give such copy, or who maliciously or wilfully misdelivers, mistimes, secretes, intercepts, destroys, makes away with, alters or omits to transmit or deliver or prevents or delays the delivery or transmission of any telegram or makes use for his own purposes of any knowledge he may acquire of the contents thereof;
(b)divulges the existence, contents or substance of any telephonic communication or maliciously or wilfully intercepts a telephonic communication or prevents or delays the transmission thereof or makes use for his own purposes of any knowledge he may acquire of the contents thereof,
shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.[section 105 substituted by section 41 of Act 113 of 1976 and amended by section 58 of Act 85 of 1991]

106. ***

[section 106 substituted by section 59 of Act 85 of 1991 and repealed by section 117 of Act 103 of 1996]

107. Injury to telecommunications lines, etc., and arrest of offenders

Any person who wilfully or maliciously destroys, injures or removes any telecommunications line or any material, instrament or apparatus used in connection therewith or any call office cabinet, or disturbs, obstructs or impedes in any way the free use or working of any such line, material, instrument, apparatus or cabinet, or affixes or attaches any wire, conductor or any other thing to any telecommunications line or call office cabinet, or any part thereof, without the authority of the telecommunications company, or who interferes with or hinders the construction or alteration of any such line or cabinet or the maintenance or examination thereof or causes delay in the restoration of any such line or cabinet, shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment, without prejudice to any right the telecommunications company may have of proceeding civilly against such person for compensation for such damage as may have been caused by him, and any person who witnesses the commission or any attempt at the commission of such an offence may without warrant apprehend the person offending and bring him before any magistrate’s court to be dealt with according to law.[section 107 substituted by section 6 of Act 80 of 1965 and amended by section 60, section 75(a) and (c) of Act 85 of 1991]

108. Accidental or negligent injury to telecommunications lines or call office cabinets

Any person who, either directly or by means of an animal, vehicle or other thing owned by him or in his custody or under his control, destroys or injures any telecommunications line or call office cabinet of the telecommunications company, shall be liable to pay to the telecommunications company such expenses as may be incurred in making good the destruction or injury, and if the destruction or injury be occasioned by negligence on the part of any person, that person shall in addition be guilty of an offence and liable on conviction to a fine not exceeding R500: Provided that in any case where in-the opinion of the telecommunications company it is justified, the telecommunications company may bear the whole or any part of the said expenses: Provided further that a divisional council shall not be liable for any expenses incurred in making good any such destruction or injury caused in the course of road works by such council, and not due to negligence on the part of any person in its employment.[section 108 amended by section 2 of Act 50 of 1962, substituted by section 7 of Act 80 of 1965 and by section 17 of Act 56 of 1973, amended by section 61 and by section 75(a) and (c) of Act 85 of 1991]

109. Attempting to commit or procuring commission of offences

Any person who attempts to commit any offence under this Act or solicits or authorizes or endeavours to employ, cause, procure, aid, abet, incite or counsel any other person to do any thing the doing whereof is an offence under this Act, shall be guilty of an offence and liable to the same punishment as if he actually committed the offence.

110. Penalty for offences for which no special penalty provided

Any person who contravenes or fails to comply with any provision of this Act for which no special or other penalty is provided, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[section 110 substituted by section 42 of Act 113 of 1976 and amended by section 62 of Act 85 of 1991]

111. ***

[section 111 substituted by section 43 of Act 113 of 1976 and repealed by section 63 of Act 85 of 1991]

112. In criminal proceedings, etc., property in postal articles, money, money orders, etc., may be laid in postal company or telecommunications company

In any information or complaint as to or any prosecution for any crime or any offence committed in respect of the postal company or telecommunications company or of any mail, telegram or telecommunications line or any property, moneys, money order, postal order or other document authorized to be used for the purpose of remitting, paying or depositing money through or with the postal company or telecommunications company, as the case may be, or with respect to any act, deed, matter or thing which has been done or committed with any malicious, injurious or fraudulent intent relating to or concerning the postal company or telecommunications company, as the case may be, or any such mail, telegram, telecommunications line, property, moneys, money order, postal order or other document, it shall be sufficient—
(a)to allege that any such mail, telegram, property, moneys, money order, postal order or other document belongs to or is in the lawful possession of the postal company or telecommunications company, as the case may be, and to put in the same in evidence, and it shall not be necessary to allege or prove the same to be of any value;
(b)to allege that any such act, deed, matter or thing was done or committed with intent to injure or defraud the postal company or telecommunications company, as the case may be, without setting forth its or any other name, addition or description whatsoever; and
(c)if the offender be an officer, to allege that the offender was an officer of the postal company or telecommunications company, as the case may be, at the time of the committing of the offence without stating the nature or particulars of his employment.
[section 112 amended by section 44 of Act 113 of 1976 and substituted by section 64 of Act 85 of 1991]

113. Evidence: acceptance of official marks

In any proceedings for the recovery of any sum payable under this Act in respect of a postal article—
(a)the official stamp or mark thereupon denoting the sum due shall be prima facie evidence of the liability of that postal article to the charge specified thereon; and
(b)the production of any such postal article having thereon a post office stamp or mark denoting that the article has been refused or that the person to whom the same is addressed is dead or could not be found, shall be prima facie evidence of the fact denoted.

114. Deputy may appear for Director-General

The Director-General may depute any officer to appear on his behalf in any inferior court either as defendant or for any purpose other than as prosecutor, and his authority in writing to that effect shall be good and sufficient in law.

Chapter VIII
Miscellaneous

[chapter VIII, previously chapter VII, renumbered by section 45 of Act 113 of 1976]

115. Non-liability of postal company and telecommunications company

Save as is otherwise provided in this Act, the postal company or telecommunications company, as the case may be, or any officer or any person conveying postal articles in pursuance of any contract entered into or arrangements made in terms of this Act or conveying mail which he or she is obliged to convey in terms of this Act (in this section and in section 115bis referred to as a mail carrier) or any employee of a mail carrier shall not be liable by reason of 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 by reason of anything lawfully done under this Act or any other law, and bona fide payment of any sum of money under the provisions of this Act or any other law shall, to whomsoever made, discharge the postal company or telecommunications company, as the case may be, and the officer by whom any such payment was made, from all liability whatsoever, in respect of any such payment, notwithstanding any forgery, fraud, mistake, neglect, loss or delay which may have been committed or have occurred in connection therewith: Provided that nothing in this section contained shall be construed as exempting the postal company or telecommunications company, as the case may be, from liability for damage or loss caused to any person by reason of fraud on the part of an officer in relation to his or her official duties or as exempting any mail carrier from liability for damage or loss caused to any person by reason of fraud on the part of such carrier or of any employee of such carrier in relation to his or her duties.[section 115 substituted by section 8 of Act 80 of 1965, by section 65 of Act 85 of 1991 and by section 22 of Act 88 of 1996]

115bis. Compensation may be paid in certain cases

(1)The postal company may—
(a)if any unauthorized person by fraudulent means obtains payment of any deposit, in its discretion make good the loss sustained by the depositor or any portion thereof;
(b)in its discretion and subject to any requirements and limitations that are prescribed, pay compensation for the loss of or damage to any postal article or the contents thereof whether conveyed by the postal company or by any mail carrier.
(2)Where the postal company has by virtue of the provisions of subsection (1) paid any amount in respect of loss caused by the commission of an offence, he shall, for purposes of section 300 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), be deemed to have suffered, as the result of the commission of such offence, loss of property belonging to him to the extent of the amount so paid.
(3)
(a)Any mail carrier shall on demand pay to the postal company an amount equal to any amount paid by the postal company by virtue of the provisions of subsection (1)(b) in respect of any postal article or of the contents thereof lost while in the possession of such carrier or such lesser amount as the postal company may in its discretion determine.
(b)Any amount payable in terms of Paragraph (a) shall be recoverable by action in any competent court.
[section 115bis inserted by section 9 of Act 80 of 1965, amended by section 46 of Act 113 of 1976 and substituted by section 66 of Act 85 of 1991]

116. Application of Act

This Act shall apply throughout the Republic.[section 116 substituted by section 47 of Act 113 of 1976, amended by section 75(b) of Act 85 of 1991, repealed by section 67 of Act 85 of 1991 and inserted by section 7 of Act 5 of 1996]

117. ***

[section 117 amended by section 37 of Act 67 of 1968, substituted by section 14 of Act 13 of 1974 and repealed by section 48 of Act 113 of 1976]

118. Detention of postal articles and telegrams suspected of being concerned with offences and action to be taken in connection therewith

Notwithstanding anything to the contrary in any law contained, any postal article or telegram which is reasonably suspected of containing anything which will afford evidence of the commission of any offence or is reasonably suspected of being sent in order to further the commision of any offence or to prevent the detection of any offence, shall be detained by the officer in charge of any post office in which it is or through which it passes, and the postal company or telecommunications company, as the case may be, may bring the detention of any such postal article or telegram to the notice of an attorney-general or, at the request of an attorney-general, cause any such postal article or telegram to be handed over to any public prosecutor.[section 118 substituted by section 13 of Act 37 of 1963 and by section 68 of Act 85 of 1991]

118A. ***

[section 118A inserted by section 1 of Act 101 of 1972, amended by section 1 of Act 80 of 1982, by section 69 of Act 85 of 1991 and repealed by section 9 of Act 127 of 1992]

119. Imprisonment where fine is not paid

The court which has imposed a fine upon any person convicted of an offence under this Act in respect of which no period of imprisonment is expressly prescribed in default of payment of the fine, may, if the fine is not paid forthwith, sentence the person convicted to imprisonment for a period not exceeding six months, unless the fine be sooner paid.

119A. Regulations by Minister

The Minister may make regulations with regard to—
(a)any matter which shall or may be prescribed by him under this Act; and
(b)in general, any matter which he deems necessary or expedient in order to achieve the objects of this Act.
[section 119A inserted by section 49 of Act 113 of 1976 and substituted by section 70 of Act 85 of 1991]

119B. Instructions by Director-General

The Director-General may from time to time issue instructions which shall not be inconsistent with the provisions of this Act, in regard to—
(a)[paragraph (a) deleted by section 6 of Act 10 of 1998]
(b)the operation or administration of any service or activity which the department may perform or undertake in terms of this Act;
(c)the administration in general of the provisions of this Act and the achievement of the objects thereof in so far as they relate to the functions of the department.
[section 119B substituted by section 49 of Act 113 of 1976 and by section 71 of Act 85 of 1991]

120. ***

[section 120 repealed by section 72 of Act 85 of 1991]

120A. Annual reports

As soon as is practicable after 31 March of each year, the Postmaster General shall frame a report upon the activities of the department during the year which ended on that date, and every report framed in terms of this section shall be sent to the Minister and shall be laid upon the Table in the Senate and in the House of Assembly within fourteen days after receipt thereof, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.[section 120A inserted by section 56 of Act 66 of 1974]

121. Officers to take oath or make affirmation

Every officer required by the Director-General, postal company or telecommunications company to do so, shall before exercising the duties of his office take an oath or make an affirmation before a justice of the peace in the form set forth in the First Schedule.[section 121 substituted by section 73 of Act 85 of 1991]

121A. ***

[section 121A inserted by section 18 of Act 56 of 1973 and repealed by section 74 of Act 85 of 1991]

122. Repeal of laws

(1)Subject to the provisions of sub-section (2), the laws mentioned in the Second Schedule are hereby repealed to the extent set out in the third column of that Schedule.
(2)Any convention or agreement entered into or in force or any regulation, notice, approval, authority, return, certificate or document issued, made, promulgated, given or granted and any other action taken under any provision of a law repealed by sub-section (1), shall be deemed to have been entered into, issued, made, promulgated, given, granted or taken under the corresponding provision of this Act.

123. Short title

This Act shall be called the Post Office Act, 1958.

First Schedule

Oath to be taken by Officers

[First schedule substituted by section 51 of Act 113 of 1976 and by section 76 of Act 85 of 1991]I (name in full) ____________________ do solemnly swear/affirm* faithfully in my position as an employee of the post office/postal company/telecommunications company* to be honest, trustworthy and fair without respect of persons according to the law and to the best of my 30 knowledge, that I will not contrary to the law or to my duty communicate or divulge the contents of any letter, telegram or official paper of any description or any information regarding any telephone conversation or regarding the transactions of a depositor in the Post Office Savings Bank or the holder of National Savings Certificates, nor open or detain or cause or suffer to be opened 35 or detained any letter or other postal article or any telegram nor on any account whatever destroy or make away with any letter, telegram or official paper entrusted to my care, that I will give account of any responsibility entrusted to me whenever and wherever such may be required of me.*delete which is not applicableSO HELP ME GOD.**delete which is not applicableSignature ____________Sworn/Affirmed**delete which is not applicable before me at ____________in the District of ________________on the ________ day of ________ 19 ____Justice of the Peace

Second Schedule

Laws repealed

No. and year of lawTitleExtent of Repeal
Act No. 10 of 1911.Post Office Administration and Shipping Combinations Discour­agement Act, 1911.The whole.
Act No. 40 of 1920.Financial Adjustments Act, 1920.Section three.
Act No. 47 of 1920.Post Office Administration and Shipping Combinations Discour­agement Act Amendment Act, 1920.The whole.
Act No. 38 of 1922.Financial Adjustments Act, 1922.Section five.
Act No. 34 of 1930.Financial Adjustments Act, 1930.Section twelve.
Act No. 31 of 1931.Post Office (Amendment) Act, 1931.The whole.
Act No. 25 of 1932.Financial Adjustments Act, 1932.Section two.
Act No. 2 of 1934.Post Office (Amendment) Act, 1934.The whole.
Act No. 37 of 1943.Finance Act, 1943.Section eleven.
Act No. 46 of 1944.Finance Act, 1944.Sections fourteen, fifteen and sixteen.
Act No. 50 of 1952.Finance Act, 1952.Section five.
Act No. 34 of 1954.Finance Act, 1954.Section seven.
Act No. 37 of 1958.Finance Act, 1958.Section seven.
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History of this document

01 September 2024 amendment not yet applied
27 January 2014 amendment not yet applied
15 May 2012 amendment not yet applied
01 April 2000 amendment not yet applied
01 January 1999 amendment not yet applied
28 August 1998
Amended by Lotteries Act, 1997
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01 June 1998
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01 April 1998 this version
01 July 1997
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25 April 1997
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22 November 1996
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04 October 1996
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21 July 1995
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01 September 1993
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01 February 1993
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10 July 1992
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01 October 1991
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19 June 1991
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14 June 1991
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02 July 1990
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26 May 1989
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26 March 1986
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04 April 1984
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31 March 1984
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01 February 1984
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30 March 1983
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09 June 1982
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14 May 1982
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23 September 1981
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31 March 1980
Amended by Finance Act, 1980
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01 February 1979
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03 February 1978
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01 January 1977
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01 October 1976
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01 April 1975
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01 February 1975
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20 November 1974
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01 November 1974
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01 October 1974
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01 August 1974
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01 April 1974
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01 October 1973
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01 April 1973
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05 July 1972
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14 July 1971
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09 March 1970
Amended by Finance Act, 1970
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01 July 1969
Amended by Gambling Act, 1965
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30 June 1969
Amended by Finance Act, 1969
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01 July 1968
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28 October 1966
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30 June 1965
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26 May 1965
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01 November 1963
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02 May 1963
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18 May 1962
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07 July 1961
Amended by Finance Act, 1961
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06 July 1959
Amended by Finance Act, 1959
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03 October 1958
Commenced
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26 September 1958
Assented to

Cited documents 16

Act 16
1. Criminal Procedure Act, 1977 3925 citations
2. Deeds Registries Act, 1937 2889 citations
3. Income Tax Act, 1962 1669 citations
4. Pension Funds Act, 1956 1574 citations
5. Insurance Act, 1943 1146 citations
6. Banks Act, 1990 879 citations
7. Currency and Exchanges Act, 1933 752 citations
8. Constitution of the Republic of South Africa, 1996 597 citations
9. Expropriation Act, 1975 539 citations
10. Legal Succession to the South African Transport Services Act, 1989 253 citations

Documents citing this one 496

Gazette 472
1. Limpopo Provincial Gazette dated 1996-07-26 number 181
2. South Africa Government Gazette dated 1959-04-24 number 6208
3. South Africa Government Gazette dated 1959-06-05 number 6234
4. South Africa Government Gazette dated 1959-07-31 number 6266
5. South Africa Government Gazette dated 1959-08-14 number 6270
6. South Africa Government Gazette dated 1959-08-21 number 6271
7. South Africa Government Gazette dated 1959-09-25 number 6284
8. South Africa Government Gazette dated 1959-11-13 number 6311
9. South Africa Government Gazette dated 1959-11-20 number 6317
10. South Africa Government Gazette dated 1959-12-04 number 6323
Judgment 14
1. Case and Another v Minister of Safety and Security and Others ; Curtis v Minister of Safety and Security and Others [1996] ZACC 7 (9 May 1996) 18 citations
2. City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd and Others [2015] ZACC 29 (23 September 2015) 13 citations
3. Competition Commission of South Africa v Telkom SA LTD and Others (623/2009) [2009] ZASCA 155 (27 November 2009) 5 citations
4. CEO of the South African Social Security Agency N.O and Other v Cash Paymaster Services (Pty) Ltd (90/2010) [2011] ZASCA 13 (11 March 2011) 4 citations
5. Ngewu and Another v Post Office Retirement Fund and Others [2013] ZACC 4 (7 March 2013) 4 citations
6. Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556 of 2015) [2016] ZASCA 199 (6 December 2016) 3 citations
7. Mobile Telephone Networks (Pty) Ltd v SMI Trading CC (603/2011) [2012] ZASCA 138 (28 September 2012) 2 citations
8. Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186 (30 December 2021) 2 citations
9. Minister of Communications v Ngewu and Others [2013] ZACC 44 (5 December 2013) 1 citation
10. Schlumberger Logelco Inc v Coflexip S A (700/1998) [2000] ZASCA 25 (25 May 2000) 1 citation
Act 8
1. Electronic Communications Act, 2005 938 citations
2. Value-Added Tax Act, 1991 705 citations
3. National Payment System Act, 1998 70 citations
4. Former States Posts and Telecommunications Reorganisation Act, 1996 40 citations
5. South African Postbank SOC Limited Act, 2010 33 citations
6. South African Post Office SOC Ltd Act, 2011 19 citations
7. Customs Control Act, 2014 15 citations
8. Telegraph Messages Protection Act, 1963 3 citations
Government Notice 1
1. Rules of the Post Office Retirement Fund, 2005
Report 1
1. Money laundering and related matters - Project 104

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Government Notice 380 of 2013 31 May 2013
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Government Notice 1107 of 2005 1 April 2011
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Government Notice 816 of 2006 11 August 2006
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General Notice 1333 of 2005 2 December 2005
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