Postal Services Act, 1998 (Act No. 124 of 1998)Chapter VIII : Offences80. Operating of postal services without licence or registration certificate |
| 1) | Any person who operates a postal service except in accordance with this Act and in terms of a licence or registration certificate issued to that person in terms of this Act is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. |
| 2) | The court convicting such person may, in addition to any penalty that it may impose, order– |
| a) | a fine not exceeding R100 in respect of every letter received, collected, dispatched, conveyed, tendered or delivered; |
| b) | confiscation to the State of any device, apparatus or machine in connection with or by means of which the offence was committed unless it is proved that the apparatus, device or machine in question does not belong to the person so convicted and that its owner was unable to prevent its unlawful use by the person so convicted; |
| c) | the cancellation of any licence or registration certificate held under this Act by the person so convicted and prohibit him or her from holding any licence or registration certificate under this Act for a specific period. |
| 3) | The Complaints and Compliance Committee established in terms of section 17A of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000) must investigate and consider– |
| a) | any alleged contravention of or failure by a licensee or registered unreserved postal service operator to comply with this Act; |
| b) | any failure by a licensee to comply with the relevant terms and conditions of the licence or any agreement for provision of postal services as contemplated in this Act; |
| c) | any failure by the licensee to provide a postal service to any customer where such customer has, after complaint to the licensee, not obtained satisfaction. |
| 4) | Where the Complaints and Compliance Committee referred to in subsection (3), after investigation, finds that the licensee or the registered unreserved postal service operator has been responsible for a failure or contravention contemplated in subsection (3), the Regulator may– |
| a) | direct the licensee or registered unreserved postal service operator to desist from any further failure or contravention; |
| b) | direct the licensee or registered unreserved postal service operator to pay the prescribed fine; |
| c) | direct the licensee or registered unreserved postal service operator to take such remedial and other steps as may be determined by the Regulator; |
| d) | revoke the licence of the licensee or the registration certificate of the registered unreserved postal service operator. |
| 5) | The provisions of section 24(4) apply to any person affected by an order contemplated in subsection (4) of this section. |
| 6) | Where the Regulator is satisfied that the failure or contravention in question constitutes an offence, it must refer the record of the investigation to the Attorney-General concerned. |