Postal Services Act: Regulations: Unreserved Postal .

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STAATSKOERANT, 10 JULIE 2009NO.32388GENERAL NOTICENOTICE 962 OF 2009I;'-.SA 1l""."INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AfRICA(ICASA)DRAFT REGULATIONS ON THE UNRESERVED POSTAL SERVICESThe Independent Communications Authority of South Africa (lCASA) is in the process offormulating regulations on unreserved postal services in terms of section 61 (b) readwith Schedule 2 of the Postal Services Act No. 124 of 1998 ( the Act) .Consequently, ICASA invites the public to make submissions on the draft regulations.Those wishing to make written submissions should do so within 30 working days fromthe date of publication. The closing date for submissions is 21 August 2009.The draft regulations are also available on ICASA website:http:// www.icasa,org.za and ICASA Library during the following working hours:09h30'6hjOf/ v\(A .t,v'.-/ I/' ./' IAi.\,.P .JMASHllE\CHAIRPERSONIshoUI be sent to:Written submissionsyle!siri(cuicasa.org.z8 ortn1 ruping@iCasa.Qm.za or hand deliver or posted to:Ms V. Letsiri / Ms T. Maruping164 Katherine StreetPinmill Farm Block ASandton2146or posted to: Ms V. Letsiri I Ms T. MarupingPrivate Bag x 10002Sandton21463

4No.32388GOVERNMENT GAZETTE, 10 JULY 2009THE INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICAUNRESERVED POSTAL SERVICES REGULATIONS\, Paris Mashile, Chairperson of the Independent Communications Authority of SouthAfrica ("the Authority») acting on behalf of the Council of the Authority herebyapprove and publish draft regulations in the Schedule, made in terms of Section61 sub-s·Gtions (b) and (c) of the Postal Services Act, 1998 (Act No. 124 of)1998).II" /1jI\ rLtv ,-/ RlSMASHILECHAIRPERSONICASA\

STAATSKOERANT, 10 JULIE 2009NO.32388SCHEDULE1.DEFINITIONSIn these regulations, unless the context otherwise indicates, a word or expression towhich a meaning has been assigned in the Act has the meaning so assigned ."the Act" means the Postal Services Act, 1998 (Act No 124 of 1998);"applicant" means a person who has submitted an application for registration ,renewal, amendment, surrender or transfer of a certificate;"business day" means any day from Monday to Friday 08:30 - 16:00 excludingweekends and public holidays"fees" means the applicable charges as may be prescribed and payable by aregistrant or applicant in terms of regulation 5 of these Regulations;"registrant" means a person issued with registration certificate in terms of Section20 of the Act;"transfer" means to assign, cede or transfer a registration certificate from oneperson to another;"unreserved postal services" means services contemplated in Schedule 2 of theAct.5

6No. 323882.GOVERNMENT GAZETTE, 10 JULY 2009PURPOSE OF THE REGULATIONSThe purpose of these regulations is to:3.(1)regulate unreserved postal services;(2)provide for registration categories;(3)provide for the duration of the registration certificate;(4)provide for the registration fees payable.SCOPEThe regulattons apply to ail operators who offer postal services listed in Schedule 2of the Act.4.APPLICATION FOR REGISTRATiON CERTIFICATE(1)Applications for registration to the Authority must be in writing andcompleted in accordance with FORM A.(2)Applications must be submitted to the Authority before 16HOO duringbusiness day.(3)Any fee in respect of an application for registration may be paid by wayof an electronic transfer or via a direct deposit into the Authority's bankaccount. Proof of payment must accompany the application for theregistration certificate.(4)The application fee referred to in sub-regulation (3) of these regulationsis non-refundable.

STAATSKOERANT, 10 JULIE 20095.NO.32388APPLICATION FOR RENEWAL OF A REGISTRATION CERTIFICATE(1)Allapplications for renewals must be in writing and completed inaccordance with FORM B.(2)Renewal applications must be submitted to the Authority before 16HOOduring business day.(3)A fee of R1000.00(one-thousand rand only) in respect of an applicationfor renewal may be paid by way of anelectronic transfer or via a directdeposit into the Authority's bank account.(4)Proof of payment must accompany the renewal application for theregistration certificate and;(5)The application fee referred to in sub-regulation (3) of these regulationsis non-refundable.6.CHANGE OF INFORMATION(1)The registrant must notify the Authority in the event that any information inthe registration certificate changes subsequent to the granting thereof.(2)A notice of change of information must be submitted in the format as setout in FbRM C.(3)A registrant must submit the notice within 15 business days from the date ofchange of information.7.REGISTRATION CATEGORIESThe Authority has identified the following registration categories.7

8NO.323BBGOVERNMENT GAZETTE, 10 JULY 2009(1) International unreserved service:Refers to registrants who offer unreserved services within and beyond theborders of the Republic of South Africa.(2) National unreserved service:Refers to registrants who offer services within the borders of the Republicof South Africa(3) Intra city unreserved service:Refers to registrants who offer services within a single city.8.REGISTRATION FEEIn addition to application fee of R1 000.00 for registration payable by allapplicants, the following annual registration fee per category will apply:International R10 000.00National R5 000.00Intra city R1 000.009.DURATION OF CERTIFICATEA Registration certificate is valid for a period of three (3) years from the date ofissue.10.CONTRAVENTIONS AND PENALTIESA person who contravenes or fails to comply with the terms and conditions ofhis registration certificate is subject to a penalty not exceeding R 250 000.00.

STAATSKOERANT, 10 JULIE 200911.No. 32388SHORT TITLE AND COMMENCEMENTThese regulations are called "Unreserved Postal Services Regulations, 2009"and shall come into operation on 01 September 2010.12.REPEAL AND AMENDMENT OF REGULATIONSThe regulations published in Government Gazette No. 27309 on 21 February2005 are hereby repealed in their entirety.9

10No. 32388GOVERNMENT GAZETTE. 10 JULY 2009IeIndependent Communications Authority of South AfricaPinmill Farm. 164 Katherine Street. SandtonPrivate Bag X10002. Sandton, 2146FORMAAPPLICATION FOR REGISTRATION TO OPERATE UNRESERVED POSTALSERVICE IN TERMS Of SECTION 21 OF THE POSTAL SERVICES ACT 124 OF19981. Particulars of the Applicant1.1 Natural Persons:1.1.1 Name of the applicant. . , . , . , . ,. , " . ,. , . .1.1.2 Nature of business. . . . . . .1.1.3 Identification number of applicant

STAATSKOERANT, 10 JULIE 20091.1.4 Permanent residential address of applicant1.1.5. Principal place of business1.1.6 Telephone number: . , . .1. i.7 Fax number: . ,. .1.1.8 MobHe number: . ,. .1.1.9 e-mail address . .1.2 Juristic Persons1.2.1. Name of Business1.2.2 Name of Business as it is to appear on certificate1.2.3 Area{s) of operation (tick the appropriate box)cityNO.3238811

12No. 323881.2.4GOVERNMENT GAZETTE, 10 JULY 2009Nature of Business:1.2.5 Registration Number1.2.6 Principal place of business:1.2.6.1 Postal address1.2.6.2Telephone number . " . .1.2.6.3 . Fax number . .1.2.6.4Mobile number1.2.6.5e-mail address . .1.2.7Does the business have shares in other entities in the Postal Services sector(YIN)

STAATSKOERANT, 10 JULIE 2009No.32388Is the business part of other entities in the Postal Services sector ( YIN)1.2.81.2.9Is there a controlling entity other than the applicant? ( YIN)If yes to any of the above, attach proof that will have among others thefollowing: (Name, Date of birth, Gender, Identity number, Physical Address, PostalAddress, Telephone number, Il.Jationality, Directorship held, Occupation) Attach alsodetails of the controlling entities and the relevant documentation.Please attach certified copies of all founding documents must accompany thisapplication form.2Description of the Service (additional pages may be affixed ifrequired)3Any other information the applicant deems relevantI certify that this declaration was signed and sworn to before meat. . on the . day of . 20 . , by thedeponent who acknowledges that he/she:13

14No.32388GOVERNMENT GAZETTE, 10 JULY 20091. Knows and understands the contents hereof;2. Has no objection to taking the prescribed oath or affirmation; and3. Considers this oath or affirmation to be truthful and binding on his/herconscienceCOMMISIONER OF OATHSName:Address:Capacity:

No.32388STAATSKOERANT, 10 JULIE 2009Ie : ' SA" jJIndependent Communications Authority of South AfricaPinmill Farm, 164 Katherine Street, SandtonPrivate Bag X10002, Sandton, 2146FORMBAPPLICATION FOR RENEWAL1--:1-. -PA-::--R r '-- C-U--,--L--:-A -;11.1 Registration Certificate Number:1.2 Nature of services authorised to beprovided in terms of theregistration certificate1.3 Expiration date of the certificateIIIiIII 1.4 Attach a copy of the registration certificate that is the subject of thisapplication marked clearly as appendix 1 of form B1. Particulars of the Applicant1.1 Natural Persons:1.1.1Name of the applicant. . , . , . .1.1.2 Nature of business . '" . ,. , . , . , . .!15

16No.32388GOVERNMENT GAZETTE, 10 JULY 20091.1.3 Identification number of applicant1.1.4 Permanent residential address of applicant1.1.5. Principal place of business1.1.6 Telephone number: . .1.1.7 Fax number . '" . .1.1.8 Mobile number . .1.1.9 e-mail address . '" . .1.2 Juristic Persons1.2.1. Name of Business1.2.2. Name of Business as it is to appear on certificate

NO.32388STAATSKOERANT, 10 JULIE 20091.2.3. Area(s) of operation (tick the appropriate box)1.2.4. Nature of Business:1.2.5 Registration Number1.2.6 Principal place of business:1.2.6.1 Postal address 1.2.6.2., , , ", """'"w Telephone number: . ., Ott 17

18No. 32388GOVERNMENT GAZETTE, 10 JULY 20091.2.6.3.Fax number:.1.2.6.4.Mobile number: .1.2.6.5.e-mail address . " . .1.2.7. Does the business have shares in other entities in the Postal Services sector(Y I N)1.2.8. Is the business part of other entities in the Postal Services sector ( YIN)1.2.9. Is there a contrOlling entity other than the applicant? ( YIN)If yes to any of the above, attach proof that will have among others thefolfowing:(Name, Date of birth, Gender, Identity number, Physical Address, PostalAddress, Telephone number, Nationality, Directorship held, Occupation) Attach alsodetails of the controlling entities and the relevant documentation.Please attach certified copies of all founding documents must accompany thisapplication form.2. Description of the Service (additional pages may be affixed ifrequired) .' w , " , . 3. Any other information the applicant deems relevant , , ,

No.32388STAATSKOERANT, 10 JULIE 2009I certify that this declaration was signed and sworn to before meat., . , on the .day of .deponent who acknowledges that he/she:20 . , by the1. Knows and understands the contents hereof:2. Has no objection to taking the prescribed oath or affirmation; and3. Considers this oath or affirmation to be truthful and binding on his/herconscienceCOMMISIONER OF OATHSName:Address:Capacity:19

20No.32388GOVERNMENT GAZETTE, 10 JULY 2009IeIndependent Communications Authority of South AfricaPinmill Farm, 164 Katherine Street, SandtonPrivate Bag X10002, Sandton, 2146FORMeNOTICE OF CHANGE OF INFORMATION:--- 1.PIJiRTlqULt\RS()F EGISTRATiON CERTIFICATE. . . ' Registration certificate numberI . :::-.:i1I. Attach a copy of registration certificate that is subject to this application, marked,I clearlY as Appendix 1 of FORM CI2. CHANGE OF INFORMATION, 2.1 Indicate wh !herthe updated information relates to:12.1.1. Name and contact details of the1,registrant; and lor2. f2. Type of serviceI"- -""-""'-'-'---'- ---j.'provided'---"--'- "'-'b the registrant 2.1.3. Other (provide details). .-'-1 - - . J3.PARTICULARS OF REGISTRANT,information requested in this section even where nochan e has occurred in relation to the re istrant's particulars,I Registrant must provide theI.Indicate with l( where theinformation in question haschan adI.

No.32388STAATSKOERANT, 10 JULIE 20093.3.Identification number of applicant3.4.3.5.Principal place of business(ifdifferent from street address)j3.6. Telephone3.71mbers . . .Ilmr.':'rRAt3.S Fax number",address --3.9 emailIf1. New information of the registrant1.1 Natural Persons:1.1.1. Name of the applicant. . ' . ,. .1.1.2. Nature of business . '" . . . " , .,, T' " ' '" ,,v ", , .··.·· . . . . . , . . 1.1.3. Identification number of applicant1.1.4. Permanent residential address of applicant , , '",'", . . . . . ,., . . . .w, ,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . * 7,00 . . . , . , . . . . . . . , " , .-. . "' . 9 21

22No.32388GOVERNMENT GAZETTE, 10 JULY 20091.1 .5. Principal place of business. , '" -"., ." . , . . . . '" . . , 4 '" , : ."'" . ' . , '", . , . "'" . , . .' . ' , , , . , , , , ' ' " """'« . , . , « , " , .f '" .0.' , . '". .,., '0', , , . , 0 ' .0 . , , ". , . , . . , . " « , . . , . . ,1.1.6. Telephone number: . ,'; .',.1.1.7. Fax number: . .1.1.8. Mobile number: . .1.1.9. e':'maH address .:1.2 Juristic Persons1.2.1. Name of Business. , . . . . , . . ,1.2.2. Name of Business as it is to appear on certificate,. " . ,. . . . . , . . . . ",1.2.3. Area(s} of operation (tick the appropriate box)1.2.4. Nature of Business:. " , . . , . ,. . . . ."'". , . , . , . , . , ., , . .,. . . , . . . . . . . . . . . 20

NO.32388STAATSKOERANT, 10 JULIE 2009 * '. . . . '" .,. . , . . . ., . M .12.5 Registration Number1.2.6 Principal place of business:. .". . . . , . ,., . ,. ·. . . , . ! . · .'" . . . . ., , . , . . . . . . .,,". . . .r ,o ,,. .1.2.6.1 Postal address. . ,. . . . . . . , . , . . , . . . , . .· . . . . . . . . ,. . . .·. , . . ", ,'" , - , , " ,,,, , , " " ., I , , , 1.2.6.2.Telephone number: . ' . " .1.2.6.3,Mobile number: . , . ". . .1.2.6.4.Fa (riJmber: . . I,a 1.2.6.5e-mail address . .1.2.6.6Does the business have shares in other entities in the Postal Servicessector (Y J N)1.2.6.7.Is the bUsiness part of other entities in the Postal Services sector (Y J N )1.2.6.8.Is there a controlling entity other than the applicant? ( YIN)If yes to any of the above, attach proof that will have among others thefoliowing:(Name, Date of birth, Gender, Identity number, Physical Address, Postal23

24No.32388GOVERNMENT GAZETTE, 10 JULY 2009Address, Telephone number, Nationality, Directorshlp held, Occupation) Attach alsodetails of the controlling entities and the relevant documentation.Please attach certified copies of all founding documents must accompany thisapplication form.4. Description of the Service (additional pages may be affixed ifrequired) '" , ., ,. ' , . . . . . . . . , . . , 0 0 ' '" T'. , . , . " , , . . . . 5. Any other information the applicant deems relevant. ". , . , . . , . ."'" ''" ,. '" , w ' . , ' '"".'. ,0' ,. " I certify that this declaration was signed and sworn to before meat. . on the . ,. day of . , . , . 20 . , by thedeponent who acknowledges that he/she:1. Knows and understands the contents hereof;2. Has no objection to taking the prescribed oath or affirmation; and3. Considers this oath or affirmation to be truthful and binding on his/herconscienceCOMMISIONER OF OATHSName:Address:Capacity:Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001Publications: Tel: (012) 334-4508, 334-4509,334-4510Advertisements: Tel: (012) 334-4673,334-4674,334-4504Subscriptions: Tel: (012) 334-4735, 334-4736, 334-4737Cape Town Branch: Tel: (021) 465-753132888-1

The Independent Communications Authority of South Africa (lCASA) is in the process of formulating regulations on unreserved postal services in terms of section 61 (b) read with Schedule . 2 of the Postal Services Act No. 124 of 1998 ( the Act) . Consequently, ICASA invites the public to make submissions on the draft regulations.

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