POSTAL SERVICES AMENDMENT BILL,2001

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POSTAL SERVICES AMENDMENT BILL,2001

• DIRECTOR-GENERAL
• ANDILE NGCABA
• 17-SEPT-2001

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Table of Contents

• Summary
• Clause1-Amendment of Section 1
• Clause 2-Amendment of Section 3
• Clause 3-Amendment of Section 4
• Clause 4-Substitution of Section 5
• Clause 5-Substitution of Section 17
• Clause 6-Insertion of Section 30A

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Table of Contentscont.

• Clause 7-Amendment of Section 35
• Clause 8-Amendment of Section 80
• Clause 9 and 10-Amendment of Schedule 1 and 2
• Clause 11-Substitution of certain words
• Clause 12-Transitional Provision
• Mistake in Memorandum on the objects

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SUMMARY

• Amendment of composition of Postal Regulator
• Provision of insurance of mail and postal
  articles
• Also caters for other less fundamental amendments
  and refining

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Clause 1-Amendment of Section 1

• Amend definition of Regulator from Directorate
  Postal Regulation to Postal Regulator

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Clause 2-Amendment of section 3

• Rearrangement of subsection 3(1) in order to
  create clarity on the name of the Postal
  Regulator
• Deletion of the words with the necessary
  changes in subsection 3(5) since it is
  meaningless

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Clause 3-Amendment of section 4

• Amends the composition of the Postal Regulator in
  order to create a clear separation of roles
  between Policy and Regulation
• Presently, Regulator consists of most senior
  officer in the Postal Policy Division of the DoC
  as Chairperson of Regulator and other one
  appointed by the Minister for 5 years

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Clause 3-Amendment of section 4 Cont

• The new Regulator consists of a Chairperson
  appointed by Minister for a period of not more
  than 5 years, and
• Two officers of the DoC designated by the
  Minister
• Therefore, the Postal Regulator will now consist
  of three (3) persons

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Clause 4-Substitution of section 5

• Amendment necessary for cross reference

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Clause 5-Substitution of section 17

• This amendment corrects an incorrect
  cross-reference

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Clause 6-Insertion of section 30A

• A new section inserted to empower SAPO to provide
  insurance of mail and postal articles
• Insurance of parcels by postal administrations is
  a general practice globally
• The maximum amount for insurance is R2000 in line
  with other postal administrations

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Clause 7-Amendment of section 35

• Currently, postal articles that are undeliverable
  must be returned to the returned letter office
• The amendment provides for the extension of the
  single office, for practical reasons, to include
  other offices established for this purpose.

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Clause 8-Amendment of section 80

• This amendment caters for a more appropriate use
  of words to remove possible ambiguity

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Clause 9 and 10-Amendment of Schedule 1 and 2

• White Paper on Postal Policy provides that the
  reserved services will include all letters that
  weigh less than the prescribed mass or are
  smaller than the prescribed size
• The schedules of the Act are not clear whether
  the criteria of mass and size should be applied
  simultaneously or applied independent to each
  other.

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Clause 9 and 10-Amendment of Schedule 1 and
2.cont

• The effect of the amendment is that the criteria
  should not be applied simultaneously

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Clause 11-Substitution of certain words

• This clause amends sections 9 and 16 to include
  both genders

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Clause 12-Transitional Provision

• Since the composition of the Regulator is to be
  amended, the transitional provision is necessary
• The provision empowers the Minister to institute
  transitional arrangement i.r.o. the incumbent.

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Mistake in Memorandum on the objects

• Paragraph 1.3 of the Memorandum should have been
  omitted in the published version
• Inserted due to a misunderstanding between the
  State Law Advisor and the Printers.

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Thank You