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

Amendment of section 115 of Act 44 of 1958, as substituted by section 8 of Act 80 of 1965, section 65 of Act 85 of 1991 and section 22 of Act 88 of 1996

The following section is hereby substituted for section 115 of the Post Office Act, 1958:

"115. Non-liability of postal company and telecommunications company

Save as is otherwise provided in this Act or any other law, the postal company or telecommunications company, as the case may be, or any officer or any person conveying postal articles in pursuance of any contract entered into or arrangements made in terms of this Act or conveying mail which he or she is obliged to convey, in terms of this Act [(in this section and in section 115bis referred to as a mail carrier)] or any other law or any employee of a mail carrier shall not be liable by reason of any error, default, delay, omission, damage, destruction, non-delivery, non-transmission or loss, whether negligent or otherwise, in respect of any postal article or telegram or by reason of anything lawfully done under this Act, or any other law, and bona fide payment of any sum of money under the provisions of this Act or any other law shall, to whomsoever made, discharge the postal company or telecommunications company, as the case may be, and the officer by whom any such payment was made, from all liability whatsoever in respect of any such payment, notwithstanding any forgery, fraud, mistake, neglect, loss or delay which may have been committed or have occurred in connection therewith: Provided that nothing in this section contained shall be construed as exempting the postal company or telecommunications company, as the case may be, from liability for damage or loss caused to any person by reason of fraud on the part of an officer in relation to his or her official duties or as exempting any mail carrier from liability for damage or loss caused to any person by reason of fraud on the part of such carrier or of any employee of such carrier in relation to his or her duties."