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

Regulations

Unreserved Postal Services Regulations, 2020

Reasons Document on Unreserved Postal Services Regulations, March 2020

2. Submissions received on the Draft Regulations and the Authority's response

2.2. Regulation 4 : Application for registration Certificate

 

2.2.1. Requirement to submit hard and electronic copy.
2.2.1.1. Submission received:
2.2.1.1.1. SAEPA proposes a process through which certificate applications are submitted electronically via an on-line portal, doing away with hard copy submissions. This would obviate the preparation and submission costs (printing and transport costs) associated with hard copy submissions.

 

2.2.1.2. Authority’s decision
2.2.1.2.1. The Authority decided to retain the requirement to submit hard copies, however, extended the mechanism for electronic submissions to include an email as an accessible alternative.

 

2.2.2. Documents to accompany the application
2.2.2.1. Submission received:
2.2.2.1.1. SAEPA submits that a full list of the information that the Authority requires in the business profile would provide more certainty to applicants in preparing their applications and reduce the administrative burden on the Authority that may arise as a result of incomplete or non-conforming applications.

 

2.2.2.1.2. Therefore SAEPA proposes instead that applicants should include in their registration applications, and as part of the business profile the following information set out in paragraph 8 of SAEPA’s Additional Submissions and Representations dated 27 January 2020:
"8.1 the applicant's full legal particulars, including full legal name, trading name, identification number, entity type, principal business address, and primary contact details including their e-mail address;
8.2 a brief description of the applicant's industry or sector;
8.3 a brief description of the applicant's core business, including a description of the geographic areas in which these services are provided. This should be limited to whether the applicant provides international, regional or local services or a combination of any of these;
8.4 the names of the applicant's directors and executive officers;
8.5 confirmation of the applicant's track and trace abilities insofar as it confirms locational tracking ability and final delivery status and signatory;
8.6 confirmation of the applicant's delivery packages with a brief description of each package;
8.7 a brief description of the applicant's customs support capabilities, if any. The description should merely reference whether the applicant provides customs brokerage or clearance services for their customers shipments."

 

2.2.2.1.3. Fastway states that it would be in everyone's interest for there to be a clear outline in the new Regulations of ICASA's requirements of the content of a 'Business Profile'. This will provide certainty to Applicants as well as to the staff inside ICASA who are tasked with monitoring compliance with the application requirements.

 

2.2.2.1.4. Fastway submits that the contents of paragraphs 1, 2, 3 and 4 of Form A of the Draft Regulations should be used. In addition, the Fastway suggests that the Authority include:
- Number of years in business;
- An approximate annual turnover: e.g<R1m p.a;>R1m p.a;
- The Applicant’s customer complaints procedure;
- A question on if an Applicant is part of a larger holding company or group and the identity thereof; and
- A question on whether the Applicant has insurance cover available for the liability for the loss or damage of parcels.

 

2.2.2.1.5. Fastway is of the view that Applicants with a turnover below R1m p.a should be exempted from payment of the registration and annual fees in order to ensure the continued viability of small operators.

 

2.2.2.1.6. However, Fastway does not believe inclusion of financial statements is necessary as it does not assist ICASA with enforcement of the regulations and would be a disclosure of highly confidential information.

 

2.2.3. Authority’s decision:
2.2.3.1. The Authority has decided to give an indication of what a business profile should contain for application and renewal. The information that should be contained in the business profile includes proposals submitted by stakeholders.
2.2.3.2. The Authority does not seek to prescribe a rigid business profile. Applicants must include information that they deem relevant and that which may assist the Authority to understand its business. The information in the business profile is an addition to the information required in Form A.
2.2.3.3. The Business Profile should, amongst others, contain the following:
• Overview of the company;
• General historical background;
• Postal sector background;
• Primary business activity;
• Number and breakdown of employees and management;
• Ownership structure: Indicate if the applicant is part of a larger holding company or a group of companies and the identity thereof; and
• An approximate annual turnover.