Statistics Act, 1999
R 385
Postal Services Act, 1998 (Act No. 124 of 1998)Chapter III : Regulation of Postal Services16. Applications for licences |
| 1) | Any person may, subject to the provisions of subsection (2), make application to the Regulator for a licence in the manner prescribed. |
| 2) | The Regulator may only accept and consider an application for a licence to provide a reserved postal service in accordance with a policy direction issued by the Minister in terms of section 2A. |
| 3) | At the date of commencement of this section the postal company must be regarded as having applied for a licence in terms of this Act and the Minister must grant the application and issue such licence to the postal company with a period of validity of 25 years from the date of commencement of this section. |
| 4) |
| a) | A reserved postal service of the postal company contemplated in this section, excluding a courier service in respect whereof the postal company must be licensed or registered separately, may be provided by a wholly-owned subsidiary of the postal company, without such subsidiary being required to hold a licence in terms of this Act if-- |
| i) | such subsidiary complies with the terms and conditions of the licence held by the postal company; and |
| ii) | such subsidiary is registered by the postal company with the Regulator. |
| b) | Any service of the postal company contemplated in this section may be provided on an agency or franchise basis without such agent or franchisee being required to hold a licence in terms of this Act if-- |
| i) | such agent or franchisee complies with the terms and conditions of the licence held by the postal company; and |
| ii) | such agent or franchisee is registered by the postal company with the Regulator. |
| 5) |
| a) | Any person who, immediately before the date of commencement of this section provided a courier service of a type contemplated in Schedule 1, must be regarded as being licensed to provide such a courier service, subject to paragraph (b). |
| b) | A person may not be regarded as being licensed in terms of paragraph (a) if that person has failed to apply to the Minister through the Regulator for such a licence within 90 days after the date of commencement of this section or within such extended period as the Regulator may allow. |
| c) | After receipt of an application in terms of paragraph (b) the Minister must, subject to paragraph (d), grant the application and thereafter the Regulator must issue a licence to the applicant. |
| d) | A person may not be licensed to provide a courier service in terms of this subsection unless that person undertakes— |
| i) | to receive, collect and deliver items contemplated in item 1(a) of Schedule 1; |
| ii) | to track and trace the whereabouts of any item received or collected for delivery by such person's business undertaking; |
| iii) | to deliver items within a definite time, in the case of deliveries across international borders; |
| iv) | to deliver items within the Republic on the date of receipt thereof or at the latest by 13:00 on the next working day; or |
| v) | to clear items through customs, where applicable. |
| 6) | If it appears to the Regulator that the postal company or any other holder of a licence is taking or intends taking any action which has given or is likely to give an undue advantage to themselves or any other person or category of persons, the Regulator may, after having given the licensee an opportunity to be heard, direct the licensee in writing to cease or refrain from taking such action, as the case may be. |
| 7) | The postal company and any other holder of a licence must comply with the conditions specified in the licence in question relating to the provision of postal services in areas and to communities which are not served or adequately served by postal services, with a view to achieving universal postal service. |
| 8) | In the licence to be issued to the postal company in terms of subsection (3), there must be specified in respect of reserved postal services rendered by the postal company a fixed period or from time to time any extended period, during which no person other than the postal company may be licensed to provide a similar service: Provided that nothing contained in this subsection may be regarded as limiting the powers vested in the Minister by subsection (2) and that any such period must be reviewed by the Minister every five years or such shorter period as the Minister may determine. |
| 9) | The licences contemplated in subsections (3) and (5) must be granted on terms and conditions consistent with the objects of this Act to be determined by the Minister and stated in the licence. |
| 10) | The Minister must make known the terms and conditions contemplated in subsection (8) by notice in the Gazette. |
