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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

1. Background and Process

 

1.1. On 28 September 2018 the Authority published a notice of its intention to conduct an inquiry into the effectiveness of the Regulations on Unreserved Postal Services, 2010 ("Regulations") in Government Gazette No. 32859, in terms of section 4B of the Independent Communications Authority of South Africa Act no. 13 of 2000 ("ICASA Act"). This was pursuant to a Discussion Document on Unreserved Postal Services ("Discussion Document") published in Government Gazette No. 41928.

 

1.2. Following the Discussion Document, on 13 March 2019 the Authority Published a Position Paper on Unreserved Postal Services ("Position Paper")1. The Position Paper also contained the findings of the inquiry into the effectiveness of the Regulations. The findings are that the Regulations are inefficient to address challenges of the unreserved postal services due to the following reasons:
1.2.1. The registration process is inadequate for regulation of the unreserved postal sector;
1.2.2. Fees payable are not applicable to the current environment; and
1.2.3. The duration of the registration certificate is inadequate.

 

1.3. In light of the findings the Authority took a decision to review the Regulations and published the Unreserved Postal Services Draft Regulations ("Draft Regulations") on 27 September 2019 in Government Gazette No. 42725.

 

1.4 The Authority received submissions from Fastway Couriers ("Fastway"), South African Express and Parcel Association ("SAEPA") and Consumer Advisory Panel ("CAP") which all requested an opportunity to present in a public hearing.

 

1.5 On the 17th of January 2020, the Authority held public hearings. Post hearings, stakeholders were afforded an opportunity to submit additional information as identified in the hearings.

 

1.6 The deadline for submission of additional information was 27 January 2020. Additional submissions were received from CAP, SAEPA, Fastway and Zuzile Consulting. The submission from Zuzile Consulting was received three (3) days beyond the closing date and was therefore not considered in the final Regulations. Following the consideration of the three submissions, the Authority has concluded the final Regulations.

 

1.7 This document sets out the Authority’s reasons with respect to the Regulations

 

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1 Government Gazette No. 42323 of 22 March, 2019.