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

Chapter IV : Postal Company and Postal Services

39. Unclaimed articles of value and articles posted in contravention of Act

 

1) Every postal article opened under this Act which contains any valuable or saleable enclosure, must be safely kept and a record thereof and of its contents must be made and preserved.

 

2) The postal company must, unless any such postal article or the contents thereof has been posted in contravention of this Act or any other law or with intent to evade payment of the postage chargeable thereon, cause a notice declaring that it has in its possession that article and stating the contents thereof to be sent to the person to whom the article is addressed or, if he or she cannot be found, to the sender thereof.

 

3) Upon application by the person to whom the notice has been sent, the postal company must cause such postal article and its contents to be delivered to any such person upon payment of all charges due thereon.

 

4) If no application is made within three months after the sending of any notice in terms of subsection (2), or if the postal article in question or the contents thereof have been posted in contravention of this Act or any other law or with intent to evade payment of any charge payable thereon, such article and its contents must (without affecting the liability to any penalty or punishment to which the sender may be subject) be destroyed, sold or otherwise disposed of as the postal company may determine.

 

5) The proceeds of the sale of any postal article or the contents thereof as aforesaid, as well as any such contents consisting of money or any order or security for money, must be paid into and form part of the postal revenue.

 

6) Any such order or security for money must, for the purpose of procuring payment, be regarded as being the property of the postal company.