POSTAL SERVICES AMENDMENT BILL 2001 DIRECTORGENERAL ANDILE NGCABA

POSTAL SERVICES AMENDMENT BILL, 2001 DIRECTOR-GENERAL ANDILE NGCABA 17 -SEPT-2001

Table of Contents l Summary l Clause 1 -Amendment of Section 1 l Clause 2 -Amendment of Section 3 l Clause 3 -Amendment of Section 4 l Clause 4 -Substitution of Section 5 l Clause 5 -Substitution of Section 17 l Clause 6 -Insertion of Section 30 A

Table of Contents…cont. l l l 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

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

Clause 1 -Amendment of Section 1 l Amend definition of Regulator from Directorate : Postal Regulation to Postal Regulator

Clause 2 -Amendment of section 3 l Rearrangement of subsection 3(1) in order to create clarity on the name of the Postal Regulator l Deletion of the words ‘with the necessary changes’ in subsection 3(5) since it is meaningless

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 l Presently, Regulator consists of most senior officer in the Postal Policy Division of the Do. C as Chairperson of Regulator and other one appointed by the Minister for 5 years l

Clause 3 -Amendment of section 4 l The Cont… new Regulator consists of a Chairperson appointed by Minister for a period of not more than 5 years, and l Two officers of the Do. C designated by the Minister; l Therefore, the Postal Regulator will now consist of three (3) persons

Clause 4 -Substitution of section 5 l Amendment reference necessary for cross

Clause 5 -Substitution of section 17 l This amendment corrects an incorrect cross-reference

Clause 6 -Insertion of section 30 A l A new section inserted to empower SAPO to provide insurance of mail and postal articles l Insurance of parcels by postal administrations is a general practice globally l The maximum amount for insurance is R 2000 in line with other postal administrations

Clause 7 -Amendment of section 35 l Currently, postal articles that are undeliverable must be returned to the ‘returned letter office’; l The amendment provides for the extension of the single office, for practical reasons, to include other offices established for this purpose.

Clause 8 -Amendment of section 80 l This amendment caters for a more appropriate use of words to remove possible ambiguity

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; l 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. l

Clause 9 and 10 -Amendment of Schedule 1 and 2…. cont… l The effect of the amendment is that the criteria should not be applied simultaneously

Clause 11 -Substitution of certain words l This clause amends sections 9 and 16 to include both genders

Clause 12 -Transitional Provision l Since the composition of the Regulator is to be amended, the transitional provision is necessary; l The provision empowers the Minister to institute transitional arrangement i. r. o. the incumbent.

Mistake in Memorandum on the objects l Paragraph 1. 3 of the Memorandum should have been omitted in the published version; l Inserted due to a misunderstanding between the State Law Advisor and the Printers.

Thank You