Post and Telecommunication-related Matters Act, 1958 (Act No. 44 of 1958) Preliminary 1. Definitions

 

 

In this Act, unless the context otherwise indicates—

 

"Bank"

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"chief actuary"

means the chief actuary as defined in section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990);

[Definition inserted by section 1(b) of Act No. 85 of 1991]

 

"Companies Act"

means the Companies Act, 1973 (Act No. 61 of 1973);

[Definition amended by section 3(a) of Act No. 101 of 1992]

 

"club or fund"

[Definition deleted by section 1(b) of Act No. 113 of 1976]

 

"construct"

means erect, set up, lay down or place;

 

"department"

means the Department Communications;

[Definition substituted by section 105(a) of Act No. 103 of 1996]

 

"Director-General"

means the officer occupying the post with that designation on the fixed establishment of the department;

[Definition inserted by section 105(b) of Act No. 103 of 1996]

 

"excluded commitments"

means any—

in respect of which the Minister with the approval of the Minister of Finance decides that the State will continue to be liable after the transfer date concerned;

[Definition amended by section 3(b) of Act No. 101 of 1992]

 

"deposit"

[Definition deleted by section 1 of Act No. 37 of 1984]

 

"depositor"

[Definition deleted by section 1 of Act No. 37 of 1984]

.

"financial year"

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"Director-General"

means the officer occupying the post with that designation on the fixed establishment of the department;

[Definition inserted by section 1(g) of Act No. 113 of 1976]

 

"drawee"

[Definition deleted by section 1(d) of Act No. 113 of 1976]

 

"drawer,"

[Definition deleted by section 1(d) of Act No. 113 of 1976]

 

"friendly society"

[Definition deleted by section 1 of Act No. 37 of 1984]

 

"Fund"

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"imprisonment"

[Definition deleted by section 1(e) of Act No. 85 of 1991]

 

"internal service"

[Definition deleted by section 1(f) of Act No. 113 of 1976]

 

"international service"

[Definition deleted by section 1(f) of Act No. 113 of 1976]

 

"mail"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"mail-bag"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"Master"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"master of any vessel"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"Minister"

means the Minister entrusted with the administration of the department;

[Definition substituted by section 3(c) of Act No. 101 of 1992]

 

"money order"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"National Savings Certificate"

[Definition  deleted by section 81(a) of Act No. 124 of 1998]

 

"officer"

includes any person in the service or employed in connection with any business of the department or any successor company;

[Definition substituted by section 1(g) of Act No. 85 of 1991]

 

"port"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postage"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postage stamp" or "stamp"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postal article"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postal authority"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postal company"

means the South African Post Office SOC Ltd, referred to in section 3(1) of the South African Post Office SOC Ltd Act, 2011;

[Definition substituted by section 31 of Act No. 22 of 2011]

 

"postal employer"

means the postal company or a subsidiary of that company, as the case may be;

[Definition inserted by section 1(h) of Act No. 85 of 1991]

 

"postal enterprise"

[Definition deleted by section 31 of Act No. 22 of 2011]

 

"postal order"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"postal pension fund"

means the pension fund established in terms of section 9;

[Definition inserted by section 1(i) of Act No. 85 of 1991]

 

"postal service"

means the affairs which the postal company is, subject to the Postal Services Act, 1998, entitled to conduct, including the receiving, collecting, dispatching, conveying and delivering of letters and the performing of all incidental services.

[Definition substituted by section 81(b) of Act No. 124 of 1998]

 

"postal transfer date"

means the date determined by the Minister in terms of section 4(1)(a) in respect of the postal enterprise;

[Definition inserted by section 1(i) of Act No. 85 of 1991]

 

"postmaster"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"post office"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"Post Office Appropriation Act"

[Definition  deleted by section 6 of Act No. 10 of 1998]

 

"Post Office Service Act"  

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"prescribed"

means prescribed by or under this Act;

 

"railway"

[Definition deleted by section 31 of Act No. 22 of 2011]

 

"railway authority"

[Definition deleted by section 1(j) of Act No. 113 of 1976]

 

"regulation"

means a regulation made under this Act;

 

"Republic"

[Definition  deleted by section 1(n) of Act No. 85 of 1991]

 

"revenue"

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"Savings Bank" or "Post Office Savings Bank"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"Savings Bank certificate"

[Definition deleted by section 1 of Act No. 37 of 1984]

 

"security"

[Definition deleted by section 6 of Act No. 10 of 1998]

 

"Savings Bank year"

[Definition deleted by section 1(l) of Act No. 113 of 1976]

 

"sender"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"successor company"

means the telecommunications company incorporated as contemplated in section 3(1), and for the purposes of the definition of "officer", and section 5, Chapter IB and sections 12U and 12W includes the postal company;

[Definition substituted by section 31 of Act No. 22 of 2011]

 

"telecommunications"

means any system or method of conveying signs, signals, sounds, communications or other information by means of electricity, magnetism, electro-magnetic waves or an agency of a like nature, whether with or without the aid of tangible conductors, from one point to another;

[Definition inserted by section 1(m) of Act No. 113 of 1976]

 

"telecommunications company"

means the company incorporated as contemplated in section 3(1) to conduct a telecommunications service;

[Definition  inserted by section 1(p) of Act No. 85 of 1991]

 

"telecommunications employer"

means the telecommunications company or a subsidiary of that company, as the case may be;

[Definition inserted by section 1(p) of Act No. 85 of 1991]

 

"telecommunications enterprise"

means all the assets, liabilities, rights and obligations, including any claim to copyright, trademarks and patentable inventions but excluding rights and obligations in terms of excluded commitments, of the State which relate to or are connected with the conduct of the telecommunications service by the department, as determined by the Minister;

[Definition  inserted by section 1(p) of Act No. 85 of 1991]

 

"telecommunications line"

includes any apparatus, instrument, pole, mast, wire, pipe, pneumatic or other tube, thing or means which is or may be used for or in connection with the sending, conveying, transmitting or receiving of signs, signals, sounds, communications or other information;

[Definition inserted by section 1(m) of Act No. 113 of 1976]

 

"telecommunications pension fund"

means the pension fund established in terms of section 9;

[Definition inserted by section 1(q) of Act No. 85 of 1991]

 

"telecommunications service"

means the affairs which the Director-General or, subsequent to the telecommunications transfer date, the telecommunications company is entitled to conduct in terms of Chapter VI;

[Definition inserted by section 1(q) of Act No. 85 of 1991]

 

"telecommunications transfer date"

means the date determined by the Minister in terms of section 4(1)(b) in respect of the  telecommunications enterprise;

[Definition inserted by section 1(q) of Act No. 85 of 1991]

 

"telegram"

[Definition deleted by section 81(a) of Act No. 124 of 1998]

 

"telegraph"

[Definition deleted by section 1(p) of Act No. 113 of 1976]

 

"telegraph line"

[Definition deleted by section 1(p) of Act No. 113 of 1976]

 

"this Act"

includes any regulations made thereunder;

 

"transfer date"

Means a date of transfer contemplated in section 4(1);

[Definition inserted by section 1(s) of Act No. 113 of 1976]

 

"vessel"

[Definition deleted by section 81(a) of Act No. 124 of 1998]