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Postal Services Act, 1998 (Act No. 124 of 1998)

Chapter I : Interpretation and Objects of Act

2A. Ministerial policies and policy directions

 

1) The Minister may make policies on matters of national policy applicable to the ICT sector, including the postal industry, consistent with the objects of this Act and any other policy which may be necessary for the application of this Act.

 

2) The Minister may, subject to subsections (3) and (5), issue to the Regulator policy directions consistent with the objects of this Act in relation to -
a) the undertaking of an inquiry in terms of section 4B of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), on any matter within the Regulator’s jurisdiction and the submission of reports to the Minister in respect of such matter;
b) the determination of priorities for the development of postal services particularly with a view to accelerating universal access to postal and other essential services that can be provided using the postal and related ICT infrastructure;
c) the consideration of any matter within the Regulator’s jurisdiction reasonably placed before it by the Minister for urgent consideration.

 

3) No policy made by the Minister in terms of subsection (1) or policy direction issued by the Minister in terms of subsection (2) may be made or issued regarding the granting, amendment, transfer, renewal, suspension or revocation of a licence, except as permitted in terms of this Act.

 

4) The Regulator, in exercising its powers and performing its duties in terms of this Act and the related legislation, must consider policies made by the Minister in terms of subsection (1) and policy directions issued by the Minister in terms of subsection (2).

 

5) When issuing a policy direction under subsection (2) the Minister must-
a) consult the Regulator;
b) in order to obtain the views of interested persons, publish the text of such policy direction by notice in the Gazette-
i) declaring his or her intention to issue the policy direction; and
ii) inviting interested persons to submit written submissions in relation to the policy direction in the manner and within the period specified in such notice, which period may not be less than 30 days from the date of the notice; and
c) publish the final version of the policy direction in the Gazette.

 

6) Subsection (5) does not apply in respect of any amendment by the Minister of a policy direction contemplated in subsection (2) as a result of representations received and reviewed by him or her after consultation or publication in terms of subsection (5).

 

7) Subject to subsection (8), a policy direction issued in terms of subsection (2) may be amended, withdrawn or substituted by the Minister.

 

8) Except in the case of an amendment contemplated in subsection (6), subsections (3) and (5) apply, with the necessary changes, to any such amendment or substitution of a policy direction in terms of subsection (7).

 

9) The Regulator may make recommendations to the Minister on policy matters in accordance with the objects of this Act.