South Africa
Post Office Act, 1958
Act 44 of 1958
- Published in Government Gazette 6122 on 3 October 1958
- Assented to on 26 September 1958
- Commenced on 3 October 1958
- [This is the version of this document as it was from 2 May 1963 to 31 October 1963.]
- [Amended by Finance Act, 1959 (Act 80 of 1959) on 6 July 1959]
- [Amended by Finance Act, 1961 (Act 76 of 1961) on 7 July 1961]
- [Amended by Post Office Amendment Act, 1962 (Act 50 of 1962) on 18 May 1962]
- [Amended by General Law Amendment Act, 1963 (Act 37 of 1963) on 2 May 1963]
1. Definitions
In this Act, unless the context otherwise indicates—"club or fund" means any unregistered society or association established for the mutual benefit of its members, and includes a fund established for any specific object which has been approved by the Postmaster-General for the purposes of the law relating to the Post Office Savings Bank;"construct" means erect, set up, lay down or place;"department" means the Department of Posts and Telegraphs;"drawee," in relation to any postal draft or other instrument referred to in section forty-eight, means the person from whom the amount of such postal draft or other instrument is to be collected;"drawer," in relation to any postal draft or other instrument referred to in section forty-eight, means the person in whose favour or on whose behalf such postal draft or other instrument is issued;"friendly society" means a friendly society registered as such under any law, and includes an affiliated branch of such a society;"imprisonment" means imprisonment with or without compulsory labour as the court which passes sentence may direct;"mail" means every article collected for conveyance by post, and includes loose and individual articles and every mail bag, vessel or conveyance of any kind by which postal articles are carried, whether or not it contains any such articles, and any person or animal employed in conveying or delivering mails or postal articles;"mail-bag" includes every bag, box, parcel, basket or hamper and any other envelope or covering in which postal articles in course of transmission by post are conveyed, whether or not it contains such articles;"Master" means a Master of the Supreme Court acting within the jurisdiction conferred upon him by law;"master of any vessel" includes any person (not being a pilot) having command or charge of a vessel, whether a ship of war or any other vessel;"Minister" means the Minister of Posts and Telegraphs;"money order" means a money order issued under this Act or by any postal authority for payment under this Act;"officer" includes any person in the service or employed in connection with any business of the department;"port" includes any harbour, river, lake or roadstead and any other navigable water;"postage" means the amount chargeable for the transmission of articles by post;"postage stamp" or "stamp" means any piece of paper or other substance or material having thereon the stamp, mark or impression of any die, plate or other instrument made or used under this Act or by any postal authority for the purpose of denoting any postage or other postal fee;"postal article" means any letter, post-card, reply post-card, letter-card, newspaper, book, packet, pattern or sample packet or any parcel or other article when in course of transmission by post, and includes a telegram when conveyed by post;"postal authority" includes the Postmaster-General of the United Kingdom or of any other duly constituted postal authority of any British possession or of any foreign country or place;"postal order" means a postal order issued under this Act or by any postal authority for payment under this Act;"postmaster" means the officer in charge of a post office;"post office" includes any house, building, room, carriage, place or structure where postal articles are received, sorted, delivered, made up or dispatched or which is used for any other post office purpose or for the purpose of working a telegraph or for the receipt, transmission or delivery of telegrams, and any pillar box or other receptacle provided by or with the approval of the department for the reception of postal articles for transmission;"prescribed" means prescribed by or under this Act;"railway" includes any tramway, whether the means of traction be animal or steam power, electricity or other motive force, but does not include the railway lines of the South African Railways and Harbours Administration;"railway authority" means any company, association, person or public body, other than the South African Railways and Harbours Administration, which owns, works or manages any railway or tramway for the public conveyance of passengers or goods;"regulation" means a regulation made under this Act;"Savings Bank year" means any period of twelve months ending on the thirty-first day of March or on any other day which the Minister may with the approval of the Governor-General appoint as the last day of a Savings Bank year;"sender," in relation to any postal article or telegram, means the person from whom that postal article or telegram purports to have come, unless such person proves that he is not the sender thereof;"telegram" means any communication transmitted or intended to be transmitted by telegraph or delivered or intended to be delivered from any post office as a communication transmitted either wholly or partially by telegraph;"telegraph" means any system or means of conveying signs, signals, sounds or communications by the agency of electricity, magnetism or electro-magnetism or any agency of a like nature, whether with or without the aid of wires, and includes the system commonly known as wireless telegraphy or aetheric signalling and any improvements or developments of that system, and also includes telephone;"telegraph line" includes any apparatus, instrument, pole, mast, standard, wire, pipe, tunnel, pneumatic or other tube, thing or means which is or may be used in connection with or for the purpose of sending, transmitting, conveying or receiving telegraphic signs, signals, sounds or communications;"this Act" includes any regulations made thereunder;"vessel" includes every description of vessel employed on the high seas, in harbour, on rivers or on the coast or on any navigable water.Chapter I
Powers and rights of the Postmaster-General
2. Administration and control of the department
3. Postmaster-General to prescribe fees, etc., for services rendered
4. Postmaster-General may enter into mail contracts
The Postmaster-General may, with the concurrence of the Minister, enter into any contract in writing or make any arrangements for the conveyance of postal articles within, from or to the Union by land or coastwise by sea, or for any other public service performed for or by the department.5. Ocean mail contracts and discouragement of shipping combinations
6. Ocean mail contract to be ratified by Parliament
Every contract entered into by the Governor-General for the conveyance by sea of postal articles to and from the Union beyond the limits of South Africa shall be subject to ratification by both Houses of Parliament.7. Exclusive privilege of Postmaster-General
8. Agreements with local governing bodies, etc., for special postal facilities
The Postmaster-General may enter into an agreement with any local governing body or any person for the establishment or provision, on such conditions as he may deem fit, of any new, special of additional postal or other facilities, and it shall be lawful for any such local governing body to agree to such conditions and to pay to the Postmaster-General such sum in respect of such new, special or additional facilities as may be agreed upon between the Postmaster-General and such local governing body and to appropriate land belonging to such governing body or to purchase land for the purpose.9. Conveyance of mails by railway or tramway
10. Conveyance of postal officers
The Postmaster-General shall have the right at any time to call upon any railway authority to convey, free of charge, and in such a manner as not to interfere with the custody of the mails, any officer or servant of the department appointed to such custody during the conveyance of mails by the railway.11. Postal officers, vehicles, mails, etc., exempt from tolls
No duty, toll or ferry charge shall be demanded or taken from or in respect of the passing of—12. Postal officers vehicles, etc., to have precedence in public streets, etc.
Every person, horse or vehicle engaged in connection with the conveyance of mails or telegrams shall have precedence over all other persons, horses or vehicles in any public street, road, thoroughfare or place.Chapter II
Transmission of postal articles
13. Rates of postage
14. Transmission without payment
The transmission without payment of postal articles and telegrams upon the public service shall be allowed from or to persons duly authorized for the purpose, but only upon the special instruction of the Minister and subject to the regulations.15. Petitions to Governor-General and Parliament exempt from postage
16. Definition of newspaper and supplement thereto
17. Registration of newspapers with Postmaster-General
18. Newspapers published outside Union
Newspapers printed or published outside the Union may be regarded as newspapers for the purposes of this Act, provided they are published at intervals of not more than seven days and that in other respects they conform to the requirements of section sixteen and to such further conditions as may from time to time be prescribed.19. Letters to have precedence over other articles in certain circumstances
Whenever in the opinion of the Postmaster-General the dispatch or delivery of letters from a post office would be delayed by the dispatch or delivery at the same time of other classes of postal articles, the latter or any of them may subject to the regulations be detained in such post office for subsequent dispatch or delivery.20. Registration of postal articles
21. Insurance of postal articles
The Postmaster-General may provide for the insurance of postal articles subject to such terms and conditions as may be prescribed, and may enter into an agreement with any postal authority for the reciprocal exchange of insured postal articles.22. When postal articles deemed to be in course of transmission, or to be posted or delivered
For the purposes of this Act—23. Redirection and interception of postal articles
24. Articles deemed to be posted in contravention of Act
A postal article received in a post office shall be deemed to have been posted in contravention of this Act—25. Articles to be sent by postmasters to returned letter office for disposal
Any postal article—26. Articles subject to customs duty
Any postal article containing or suspected of containing an enclosure upon which customs duty is payable shall be dealt with as prescribed, subject to any law relating to customs.27. Articles other than letters may be opened for examination
28. Treatment of unclaimed letters in returned letter office
Any postal article originally posted within the Union, which is sent to the returned letter office in terms of section twenty-five, or which is undelivered, shall be opened by an officer nominated by the Postmaster-General for that purpose, and shall, unless it contains any valuable or saleable enclosure or has in the opinion of the Postmaster-General been posted in contravention of this Act or with intent to evade payment of the postage properly chargeable thereon, be returned to the sender thereof if his name and address are known, and may, if the sender refuses to receive it or if his name and address are not known, be sold or destroyed.29. Unclaimed articles of value and articles posted in contravention of Act
30. Sender of undelivered article liable for all charges due thereon
The sender of any undelivered postal article shall on demand pay all charges due thereon and shall, in the event of his refusal to pay such charges, be guilty of an offence and liable on conviction to a fine not exceeding twenty shillings: Provided that nothing in this section contained shall be construed as releasing the person to whom any postal article is originally addressed from liability to pay the charges due thereon if such a postal article is delivered to him.31. Delay in transmission, return to sender or delivery to other than addressee of article prohibited
Save as expressly provided in this Act, no postal article shall be delayed in transmission or returned to the sender or be delivered to any person not named in the address thereof, except with the consent in writing of the addressee or on the special authority of the Postmaster-General.32. Undelivered articles of no value and newspapers may be destroyed
Notwithstanding anything to the contrary contained in section twenty-eight or thirty-one, any undelivered postal article (not being a letter or parcel), which appears to be of no appreciable value or importance, and any undelivered newspaper may after retention for the period prescribed, forthwith be sold, destroyed or otherwise disposed of as the Postmaster-General may direct.33. Articles addressed to insolvent persons
Whenever any person has been found to be insolvent by a competent court in the Union, the Postmaster-General shall, if that court so orders, and for so long as may be specified in the order, cause all postal articles addressed to such person to be delivered to the person named in the order.34. Articles addressed to deceased persons
Postal articles addressed to deceased persons may be delivered to the executors or administrators of those deceased persons on the production of letters of administration or, pending production of letters of administration, at the addresses indicated thereon.35. Articles addressed to persons conducting lottery or dealing in indecent or obscene matter
When the Postmaster-General is satisfied by any advertisement, letter, circular or other documentary evidence that any person is conducting or assisting as agent or otherwise in conducting a lottery, or is dealing in indecent or obscene matter, and is using the services of the department for the purpose, the Postmaster-General may detain or delay all postal articles addressed to such person (whether under his own or under a fictitious or assumed name) or his agent or representative, or to any address of any such person, agent or representative without the name of any person appearing thereon, and all such postal articles may be opened and returned to the senders thereof or otherwise disposed of as the Postmaster-General may deem fit.36. Notice of departure of vessels
37. Masters of vessels to convey mails tendered to them
The master of any vessel shall receive thereon any mail tendered to him by an officer for conveyance, and shall give a receipt therefor in such form as may be required by the Post-master-General, and shall without delay deliver such mail according to the direction thereof at the port of call or destination, and in default of compliance with any provision of this section he or the agent shall incur a penalty not exceeding five hundred pounds which shall be recoverable by action in any competent court.38. Masters of vessels to afford facilities for dealing with articles posted on board
The master of any vessel shall afford all reasonable facilities on board the vessel to any officer duly authorized by the Postmaster-General, to enable that officer to receive and prepare for dispatch any postal articles which may be brought on board for transmission up to the time of the vessel’s departure.39. Payment for conveyance of mails by non-contract vessels
40. Custody of mails on board vessels
Any mail conveyed by a vessel departing from a port within the Union shall be locked up on board the vessel apart and separate from all other articles and things, in a place which is secure, dry and vermin-proof, and if during the whole or any part of the voyage any such mail is not so locked up, the master of the vessel in question shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds.41. Mails and gratuity to be returned if vessel does not depart according to notice given
42. Letters arriving by vessel to be delivered to post office by master
Any mail or letter (being within the exclusive privilege of the Postmaster-General and not included among the exceptions enumerated in section seven) which at the time of the arrival of any vessel in any port within the Union is on board directed to any person within the Union, shall on demand be delivered by the master of the vessel to the postmaster, port officer or customs officer at that port or to some other person authorized for the purpose by writing under the hand of the postmaster concerned or, if no demand is made, at the post office with which the master of the vessel can first communicate.43. Declaration to be made by masters on arrival of mails
44. Penalty for retention by any person on board a vessel of letter which should have been delivered to post office
Any person, being either the master or one of the officers or crew of a vessel inward bound or a passenger thereof, who knowingly has in his baggage or in his possession or custody any letter (except a letter not within the exclusive privilege of the Postmaster-General)—45. Vessels not to report, etc., until declaration signed by master
A customs officer shall not allow the master of any inward bound vessel to report until the declaration required by section forty-three has been made and produced to him, and may refuse to permit bulk to be broken on board any such vessel or entry to be made of any part of her cargo until all mail and letters on board have been delivered as required by this Act, and may search every such vessel for mails and letters which may be on board contrary to this Act, and may seize the same and forward them to the nearest post office.Chapter III
Remittance and collection of money through post office
46. Remittance of money through department
Money may be remitted through the department either within or outside the Union at rates of commission to be prescribed, and the Postmaster-General may authorize any officer in the department to issue and pay money orders, postal orders and any other documents authorized to be used for the purpose of so remitting money.47. Postmaster-General may refuse to issue or pay money orders, postal orders, etc. to certain persons
The Postmaster-General may refuse to issue or pay any money order, postal order or other document authorized to be used for the purpose of remitting money through the department, in favour of any person to whom the provisions of section thirty-five apply, and where payment of any such order or other document is refused, such order may, if it was issued in the Union, be returned to the person to whom it was originally issued or otherwise disposed of as the Postmaster-General may deem fit, or, if it was issued outside the Union, the amount thereof shall be returned to the postal authority of the country in which it was issued.48. Collection of money through department
Money may be collected through the department by means of postal drafts or otherwise at such rates as may be prescribed, and the Postmaster-General may authorize any officer in his department to issue such postal drafts or other prescribed instruments and to collect the amounts in respect of which such drafts or other instruments are issued.49. Manner of making demand for money to be collected through department
Any demand which under the provisions of this Act may be authorized by the drawer of any postal draft or other prescribed instrument referred to in section forty-eight, shall be made by a postmaster in person or by some other officer duly authorized thereto, if the drawee resides in the immediate neighbourhood of the post office at which that draft or other instrument is payable, but, if the drawee resides at a distance therefrom or cannot be communicated with personally, a letter of demand in the prescribed form shall be addressed to him at the address given by the drawer and transmitted by registered post to the post office nearest to that address, and if no reply to the demand is received before the termination of the currency of that postal draft or other instrument, it shall be returned to the drawer together with a report in the proper form certifying to the non-payment of the amount thereof.50. Presentation of prescribed document for collection of money to be of same force as legal demand
The presentation in accordance with the provisions of section forty-nine, of any such postal draft or other prescribed instrument, shall be of the same force and effect as a legal demand, and the return of such draft or instrument after the presentation by reason of the non-payment of the amount thereof by the drawee and the report thereon by any postmaster or other duly authorized officer shall, in any legal proceedings on the account or claim in respect of which that draft or other instrument was drawn, be accepted on the mere production of the returned draft or other instrument and such report, as prima facie evidence of the facts stated in that report.51. Money orders etc., to be deemed bank notes, etc., in case of forgery or theft and unissued postal orders deemed public money
Chapter IV
Post Office Savings Bank
52. Constitution of Savings Bank
The Post Office Savings Bank of the Union as constituted in terms of section fifty-three of the Post Office Administration and Shipping Combinations Discouragement Act, 1911 (Act No. 10 of 1911), shall be deemed to be constituted under this Act.53. Limits of deposits
54. Deposits for minors, or in the name of married women
Notwithstanding anything to the contrary contained in any other law—55. Deposits by certain societies
Deposits may be made by any friendly society or any other society, club or fund approved by the Postmaster-General, without restriction as to the maximum amount except in the case of Savings Bank certificates.56. Interest
57. Method of obtaining repayments
On demand by a depositor or a person legally authorized to claim on account of a depositor, made in such form as may be prescribed, for repayment of any deposit or any part thereof, the authority of the Postmaster-General for such repayment shall be transmitted to the depositor forthwith, and the depositor shall subject to the provisions of section one hundred and fifteen be entitled to the repayment of any sum that may be due to him within thirty days after his demand has been made at any Savings Bank office.58. Trust deposits
Trust accounts may be opened and deposits made by one person as trustee on behalf of another person, but no deposit so made shall be repaid except against the receipt of both such persons.59. Repayments in event of depositor or trustee becoming insane
60. Repayment in event of death of trustee or person on whose behalf amount was deposited
In the event of the death of a person on whose behalf a trustee has deposited any amount, repayment of that amount or any part thereof shall not be made without the receipts of the trustee and the executors or administrators of the deceased person, and their receipts shall be a valid discharge, and if the trustee dies it shall be lawful, unless letters of administration are produced or notice in writing of intention to take out letters of administration is given to the Postmaster-General, to pay the amount standing to the credit of the person on whose behalf the amount was deposited upon the signatures of that person and of such other person as the Postmaster-General may appoint in place of the trustee.61. Method of dealing with deposits in case of depositor’s death
62. Payment of deposits to representatives of illegitimate depositors
Where a depositor of an amount not exceeding one hundred pounds dies intestate, and any person would, but for the illegitimacy of such depositor, have been entitled to that amount, the Postmaster-General may with the consent of the Master pay that amount to any one or more of the persons who in his opinion would have been entitled thereto according to the law of succession ab intestato if the depositor had not been illegitimate.63. Account of deposit distributed under section 59, 61 or 62 to be forwarded to the master
64. Settlement of certain disputes in regard to deposits
If any dispute arises between the Postmaster-General and any depositor or trustee of a depositor in the Savings Bank, or any executor, administrator, curator, next-of-kin or creditor of any depositor or any person claiming to be the executor, administrator, curator, next-of-kin or creditor of a depositor or to be entitled to any money deposited in the Savings Bank, the matter in dispute shall in the first instance be referred to the Minister of Justice for his decision, and may thereafter, if desired by either party, be referred in writing to a judge of the Supreme Court in chambers who may summarily enquire into and determine the dispute, and his decision in regard thereto shall be final.65. Secrecy to be observed
No officer in the department or person holding any other office shall disclose the name or any information regarding the transactions of a depositor or certificate holder, except—66. Accounts of deposits to be kept and moneys paid to Public Debt Commissioners for investment
67. Accounts to be laid before Parliament by Postmaster-General
68. Expenses of working bank to be paid out of money provided by Parliament
All expenses incurred in connection with the conduct and working of the Savings, Bank shall be paid out of such moneys as Parliament may provide for the conduct of the department.69. Amounts standing to credit of any depositor may be paid into revenue if no deposit or withdrawal made during period of seven years
The Postmaster-General may, after the expiration of a period of seven years from the date upon which the last deposit or withdrawal has been made by any depositor, pay into the revenue of the department the amount standing to the credit of that depositor: Provided that if after any such amount has been paid into the revenue of the department as aforesaid, application for repayment thereof be made by the depositor or any person legally authorized to claim on his behalf, the Postmaster General shall pay such amount out of accruing revenue.[section 69 amended by section 19 of Act 80 of 1959 and by section 15 of Act 76 of 1961]70. Transfer of deposits from another country
The Postmaster-General may make arrangements with any postal authority for the transfer from and to the Union of sums of money standing to the credit of depositors in a Post Office Savings Bank, and the Postmaster-General may place any sum so transferred to the Post Office Savings Bank of the Union, to the credit of the depositor's account in that bank, even though the amount transferred may exceed the amount which a depositor may by law deposit in any one Savings Bank year, but no amount shall be so credited if the amount in the account will exceed the maximum amount "flowed to be deposited under this Act.71. Deposits to have security of revenue
Deposits made in the Savings Bank shall have the security of the public revenues of the Union, and if at any time the immediately available funds of the Savings Bank are insufficient to meet the lawful claims of all depositors, the Minister of Finance shall issue the amount of the deficiency out of the Consolidated Revenue Fund without any further authority than this Act, but a report of every such deficiency and issue shall be laid upon the Tables of both Houses of Parliament by the Minister of Finance within fourteen days after the date of the issue if Parliament is then in session, or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.72. Issue of certificates to Savings Bank depositors
The Postmaster-General may issue Savings Bank certificates not exceeding one hundred in number of the value of one hundred pounds each to any depositor in the Savings Bank who may so desire and who has the necessary balance to his credit in his ordinary account.73. Certificates may only be issued to depositors in Savings Bank and not to be transferable
74. Fee in respect of each certificate
There shall be payable by the depositor for the issue of every Savings Bank certificate such fee as may be prescribed.75. Certificates to be signed by responsible officer and countersigned by the Postmaster-General
Every Savings Bank certificate issued under the authority of this Act shall be signed by a responsible Savings Bank officer and countersigned by the Postmaster-General or an officer delegated by him for the purpose.76. Rate of interest on certificates
77. Savings Bank certificates repayable on notice
A Savings Bank certificate shall be repayable upon such notice as may be stated thereon in accordance with the regulations.Chapter V
Telegraphs
78. Postmaster-General to have exclusive privilege in respect of telegraphs
79. Postmaster-General may take over private lines after notice
The Postmaster-General may, subject to an obligation to pay such compensation as may in the absence of agreement be determined by arbitration, after giving six months’ notice of his intention so to do, take over the whole or any part of any telegraph line or system, not being a system of communication constructed and maintained by the South African Railways and Harbours Administration, whether constructed before or after the commencement of this Act, and whether constructed, maintained or operated under any special or general legislative authority or otherwise.80. Right of entry and to construct lines across any lands, etc.
The Postmaster-General may for the purposes of this Act enter upon any land, including any street, road, footpath or land reserved for public purposes and any railway, and construct and maintain a telegraph line or any work upon, under, over, along or across any land, street, road, footpath or waterway or any railway and alter or remove the same, and may for that purpose attach wires, stays or any other kind of support to any building or other structure.81. Lines may be laid under streets, etc.
The Postmaster-General may after reasonable notice in writing to the local authority or person owning or having the care and management of any street, road or footpath, construct and maintain in the manner specified in that notice any telegraph lines, pipes, tunnels or tubes required for telegraphic purposes under any such street, road or footpath, and may alter or remove the same, and may for such purposes break or open up any street, road or footpath and alter the position thereunder of any pipe (not being a sewer drain or main) for the supply of water, gas or electricity: Provided that the local authority or person to whom any such pipe belongs, or by whom it is used, shall be entitled at all times while any work in connection with the alteration in the position of that pipe is in progress, to supervise that work, and the Postmaster-General shall pay all reasonable expenses to which any such local authority or person may be put in connection with any alterations or removals under this section or in connection with supervision of work relating to any such alteration.82. Compensation for injury to property
83. Removal of lines at request of local authority or other person
84. Gates in fences
85. Animals to be allowed grazing and water
Where animals are used in connection with the work of constructing or maintaining any telegraph line passing over private property, those animals shall be allowed grazing and water by the owner or occupier of that property on such terms as may be mutually arranged between the Postmaster-General and the owner or occupier of such property or, failing agreement, determined by the magistrate of the district in which the property is situated whose decision shall be final.86. Trees obstructing telegraph lines
Trees or underwood which in the opinion of the Postmaster-General obstruct or interfere or are likely to interfere with the working or maintenance of any telegraph line, whether growing upon State-owned land or upon any road or street or upon private land, shall after reasonable notice by the Postmaster-General be cut down or trimmed in accordance with his requirements by the authority having the care and the management of such State-owned land, road or street or by the owner or occupier of such private land, as the case may be, at the expense of the department, and, in the event of failure to comply with any such notice, the Postmaster-General may himself cause the said trees and underwood to be cut down or trimmed as he may deem necessary: Provided that where communication is actually interfered with or endangered by any such trees or underwood, the Postmaster-General may cause the work which is immediately necessary for the removal of the interference or danger to be undertaken without any such notice as aforesaid.87. Height or depth of lines
88. Person establishing electrical works to conform to certain requirements of Postmaster-General
89. Order of transmission of telegrams
90. Telegrams which may be refused transmission
Any telegram which in the opinion of the Postmaster-General contains anything in its contents, address or signature of a blasphemous, indecent, obscene, offensive or libellous nature or anything repugnant to law or decency, shall be refused transmission.Chapter VI
Offences and penalties
91. Forging, etc. of stamps, dies, etc.
Any person who, without due authority or lawful excuse (the proof of which shall be upon such person)—92. Removing marks from stamps, etc., with intent to defraud
93. Negligence or intoxication while in charge of mail, false report of assault, and irregularly receiving, conveying, or delivering of postal articles
Any person authorized to receive or in any way to handle any mail, who—94. Fraudulent, injurious, and offensive practices in connection with postal articles and premises
95. Placing of anything dangerous, filthy, noxious, or deleterious in or against any post office, and theft of or stopping with intent to rob any mail or postal article
Any person who—96. Irregular opening of or tampering with mail or irregular destruction, secretion or opening of postal articles
Any officer who otherwise than in pursuance of his duty opens or tampers with or wilfully destroys, makes away with or secretes or suffers to be opened or tampered with, destroyed, made away with or secreted any mail or postal article, and any person who opens or tampers with or wilfully destroys, makes away with or secretes any mail, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding seven years.97. Wilfully obstructing or delaying mail
Any person who wilfully interferes with the conveyance of any mail or through whose act or neglect the conveyance of any mail is interfered with, shall be guilty of an offence and liable on conviction to a fine not exceeding five pounds or, in default of payment, imprisonment for a period not exceeding one month, for each hour or part of an hour during which the delivery of the mail is delayed in consequence of any such interference.98. Wilful opening or delay by any person other than officer of postal article or telegram addressed to another person
99. Unauthorized use of words “Post office”, “Royal Mail”, etc.
Any person who without the authority of the Postmaster-General (the proof of which shall be on the accused)—100. Unauthorized entry of premises, obstruction of course of business , and refusal to comply with regulations issued by Postmaster-General
101. Fraudulent issue or presentation or sending of communications regarding money orders, postal orders, etc.
Any person who with fraudulent intent issues, re-issues, utters or presents to any other person or at any post office any money order, postal order. Savings Bank warrant or other warrant, order or document for the remittance, payment, collection or deposit of money through or with the department, or transmits through the post or otherwise any letter, telegram or other communication or message concerning any money order, postal order. Savings Bank warrant or other warrant, order or document for the remittance, payment, collection or deposit of money through or with the department, shall be guilty of an offence and liable on conviction to imprisonment for a period of not less than one year and not exceeding seven years, and in any proceedings in respect of any offence under this section the burden of proving an absence of fraudulent intent shall lie on the accused.102. Personating officers of the department with fraudulent intent
Any person who with fraudulent intent personates or represents himself to be an officer of the department, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.103. False declarations
Any person who in any declaration prescribed by this Act makes a false statement knowing the same to be false, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds.104. Theft, destruction, forging or alteration of telegrams
105. Divulging contents of telegrams
Any officer who, not being a witness in a court of law, without the consent of the sender or addressee, or otherwise than in pursuance of his duty, opens or tampers with or divulges the contents or substance of any telegram, or discloses its existence otherwise than by delivering it or giving a copy thereof to the person to whom he is authorized to deliver it or to give such copy, or who maliciously or wilfully misdelivers, mistimes, secretes, intercepts, destroys, makes away with, alters or omits to transmit or deliver or prevents or delays the delivery or transmission of any telegram or makes use for his own purposes of any knowledge he may acquire of the contents of any telegram, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.106. Erection of telegraph lines without authority
Save as is provided in section seventy-eight, any person who without the authority of the Postmaster-General erects, maintains or uses any telegraph line, whether constructed before or after the commencement of this Act, shall, if he fails to comply with any notice from the Postmaster-General to remove that line or to pay such charges, if any, in respect thereof as may from time to time be prescribed, be guilty of an offence and liable on conviction to a fine not exceeding five pounds for every day during which any such line is or continues to be set up, maintained or used in contravention of the provisions of this Act, and the Postmaster-General may without compensation take absolute possession of, cut down or destroy the whole or any part of that line.107. Injury to telegraph lines, etc., and arrest of offenders
Any person who wilfully or maliciously destroys, injures or removes any telegraph line or any material, instrument or apparatus used in connection therewith, or disturbs, obstructs or impedes in any way the free use or working of any such line, material, instrument or apparatus, or affixes or attaches any wire, conductor or any other thing to any telegraph line or any part thereof without the authority of the Postmaster-General, or who interferes with or hinders the construction or alteration of any such line or the maintenance or examination thereof or causes delay in the restoration of any such line, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment, without prejudice to any right the Postmaster-General may have of proceeding civilly against such person for compensation for such damage as may have been caused by him, and any person who witnesses the commission or any attempt at the commission of such an offence may without warrant apprehend the person offending and bring him before any magistrate’s court to be dealt with according to law.108. Accidental or negligent injury telegraph lines, etc.
Any person who, either directly or by means of an animal, vehicle or thing owned by him or in his custody, destroys or injures any telegraph line of the department, shall be liable to pay to the Postmaster-General such expenses as may be incurred in making good the destruction or injury, and if the destruction or injury be occasioned by negligence on the part of any person, that person shall in addition be guilty of an offence and liable on conviction to a fine not exceeding ten pounds.[section 108 amended by section 2 of Act 50 of 1962]109. Attempting to commit or procuring commission of offences
Any person who attempts to commit any offence under this Act or solicits or authorizes or endeavours to employ, cause, procure, aid, abet, incite or counsel any other person to do any thing the doing whereof is an offence under this Act, shall be guilty of an offence and liable to the same punishment as if he actually committed the offence.110. Penalty for offences for which no special penalty provided
Any person who contravenes or fails to comply with any provision of this Act or any arrangement, convention or regulation made under sub-section (4) of section two, for which no special or other penalty is provided, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.111. Postmaster-General may settle certain cases
Where any person admits to the Postmaster-General that he has committed an offence against this Act in respect of which the option of a fine is given, the Postmaster-General may, with the consent in writing of that person, determine the matter, and may without any legal proceedings require that person to pay any pecuniary penalty he may deem proper, and if such penalty is not paid, proceedings may be instituted against the person concerned for the offence in question as if no penalty had been assessed by the Postmaster-General.112. In criminal proceedings, etc., property in postal articles, moneys, money orders, etc., may be laid in Postmaster-General
In any information or complaint as to, or any prosecution for any crime or any offence committed in respect of the department or of any mail, telegram or telegraph fine or any property, moneys, money order, postal order or other document authorized to be used for the purpose of remitting, paying, collecting or depositing money through or with the department, or with respect to any act, deed, matter or thing which has been done or committed with any malicious, injurious or fraudulent intent relating to or concerning the department or any such mail, telegram, telegraph line, property, moneys, money order, postal order or other document, it shall be sufficient—113. Evidence: acceptance of official marks
In any proceedings for the recovery of any sum payable under this Act in respect of a postal article—114. Deputy may appear for Postmaster-General
The Postmaster-General may depute any officer to appear on his behalf in any inferior court either as defendant or for any purpose other than as prosecutor, and his authority in writing to that effect shall be good and sufficient in law.Chapter VII
Miscellaneous
115. Non-liability of department
Save as is otherwise provided in this Act, no legal proceedings shall be capable of being instituted against the Government or against the Postmaster-General or any officer 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 Government, the Postmaster-General 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 Government or the Postmaster-General from liability for damage or loss caused to any person by reason of fraud on the part of an officer in relation to his official duties: Provided further that if any unauthorized person by any fraudulent means obtains from the Postmaster-General payment of any sum credited to a depositor’s Savings Bank account, the Postmaster-General may in his discretion make good the loss sustained by the depositor or any portion thereof.116. Documents prescribed to be exempt from all duties
Money orders, postal orders and any other documents authorized to be used for the purpose of remitting money through the department, and postal drafts and other documents authorized to be used for the purpose of collecting money through the department, and Savings Bank warrants and other orders for the payment of money, acknowledgments of the receipt of money and all other documents prescribed, provided for or required under this Act, shall be exempt from all fees or duties except such as are chargeable under this Act.117. Moneys received to form part of postal revenue
All moneys received under this Act shall form part of the postal revenue and shall be paid into the Consolidated Revenue Fund: Provided that, subject to the provisions of section sixty-nine, moneys deposited in the Post Office Savings Bank, the interest on moneys so deposited and the principal moneys received in respect of money orders, postal orders, postal drafts or any other system of remitting or collecting money prescribed under section forty-six or forty-eight, shall not form part of the postal revenue, unless, in the case of money orders and postal orders, the period of currency thereof has lapsed.118. Detention of postal articles and telegrams suspected of being concerned with offences and action to be taken in connection therewith
Notwithstanding anything to the contrary in any law contained any postal article or telegram and which is reasonably suspected of containing anything which will afford evidence of the commission of any offence or is reasonably suspected of being sent in order to further the commission of any offences offence or to prevent the detection of any offence, shall be detained by the officer in charge of any post office or telegraph office in which it is or through which it passes, and the Postmaster-General may bring the detention of any such postal article or telegram to the notice of an attorney-general or, at the request of an attorney-general, cause any such postal article or telegram to be handed over to any public prosecutor.[section 118 substituted by section 13 of Act 37 of 1963]119. Imprisonment where fine is not paid
The court which has imposed a fine upon any person convicted of an offence under this Act in respect of which no period of imprisonment is expressly prescribed in default of payment of the fine, may, if the fine is not paid forthwith, sentence the person convicted to imprisonment for a period not exceeding six months, unless the fine be sooner paid.120. Regulation of manner of export of unwrought gold, etc.
The Governor-General may make regulations prescribing—121. Officers to take oath
Every officer required by the Postmaster-General to do so, shall before exercising the duties of his office take an oath before a justice of the peace in the form set forth in the First Schedule.122. Repeal of laws
123. Short title
This Act shall be called the Post Office Act, 1958.History of this document
27 January 2014 amendment not yet applied
15 May 2012 amendment not yet applied
Amended by
South African Post Office SOC Ltd Act, 2011
01 April 2000 amendment not yet applied
Amended by
Postal Services Act, 1998
01 January 1999 amendment not yet applied
Amended by
Postal Services Act, 1998
28 August 1998 amendment not yet applied
Amended by
Lotteries Act, 1997
01 June 1998 amendment not yet applied
Amended by
Films and Publications Act, 1996
01 April 1998 amendment not yet applied
01 July 1997 amendment not yet applied
Amended by
Telecommunications Act, 1996
25 April 1997 amendment not yet applied
Amended by
Post Office Amendment Act, 1997
Amended by
Post Office Second Amendment Act, 1997
22 November 1996 amendment not yet applied
04 October 1996 amendment not yet applied
Amended by
General Law Amendment Act, 1996
22 March 1996 amendment not yet applied
21 July 1995 amendment not yet applied
Amended by
Post Office Amendment Act, 1995
01 February 1994 amendment not yet applied
Amended by
Post Office Amendment Act, 1993
Amended by
Post Office Second Amendment Act, 1993
01 September 1993 amendment not yet applied
Amended by
General Law Third Amendment Act, 1993
01 February 1993 amendment not yet applied
10 July 1992 amendment not yet applied
01 October 1991 amendment not yet applied
Amended by
Post Office Amendment Act, 1991
19 June 1991 amendment not yet applied
Amended by
Post Office Amendment Act, 1991
14 June 1991 amendment not yet applied
Amended by
Post Office Amendment Act, 1984
02 July 1990 amendment not yet applied
Amended by
Radio Amendment Act, 1990
26 May 1989 amendment not yet applied
Amended by
Auditor-General Act, 1989
26 March 1986 amendment not yet applied
Amended by
Post Office Amendment Act, 1986
04 April 1984 amendment not yet applied
Amended by
Post Office Amendment Act, 1984
31 March 1984 amendment not yet applied
Amended by
Corporation for Public Deposits Act, 1984
01 February 1984 amendment not yet applied
Amended by
Post Office Amendment Act, 1976
30 March 1983 amendment not yet applied
Amended by
Post Office Amendment Act, 1983
09 June 1982 amendment not yet applied
Amended by
Post Office Amendment Act, 1982
14 May 1982 amendment not yet applied
Amended by
Broadcasting Amendment Act, 1982
23 September 1981 amendment not yet applied
Amended by
Post Office Amendment Act, 1981
31 March 1980 amendment not yet applied
Amended by
Finance Act, 1980
01 February 1979 amendment not yet applied
Amended by
Post Office Amendment Act, 1978
03 February 1978 amendment not yet applied
Amended by
Post Office Amendment Act, 1976
01 January 1977 amendment not yet applied
Amended by
Expropriation Act, 1975
01 October 1976 amendment not yet applied
Amended by
Post Office Amendment Act, 1976
01 April 1975 amendment not yet applied
Amended by
Publications Act, 1974
01 February 1975 amendment not yet applied
Amended by
Post Office Amendment Act, 1973
20 November 1974 amendment not yet applied
Amended by
Second General Law Amendment Act, 1974
01 November 1974 amendment not yet applied
Amended by
Post Office Service Act, 1974
01 October 1974 amendment not yet applied
Amended by
Post Office Amendment Act, 1974
01 August 1974 amendment not yet applied
Amended by
Post Office Amendment Act, 1973
Amended by
Post Office Amendment Act, 1974
01 April 1974 amendment not yet applied
Amended by
Post Office Amendment Act, 1973
Amended by
Post Office Amendment Act, 1974
01 October 1973 amendment not yet applied
Amended by
Post Office Amendment Act, 1973
01 April 1973 amendment not yet applied
Amended by
Post Office Amendment Act, 1973
05 July 1972 amendment not yet applied
Amended by
Post Office Amendment Act, 1972
14 July 1971 amendment not yet applied
Amended by
General Law Amendment Act, 1971
09 March 1970 amendment not yet applied
Amended by
Finance Act, 1970
01 July 1969 amendment not yet applied
Amended by
Gambling Act, 1965
30 June 1969 amendment not yet applied
Amended by
Finance Act, 1969
01 July 1968 amendment not yet applied
Amended by
Post Office Re-adjustment Act, 1968
28 October 1966 amendment not yet applied
Amended by
Second Finance Act, 1966
30 June 1965 amendment not yet applied
Amended by
Post Office Amendment Act, 1965
26 May 1965 amendment not yet applied
Amended by
Expropriation Act, 1965
01 November 1963 amendment not yet applied
Amended by
Publications and Entertainments Act, 1963
02 May 1963 this version
Amended by
General Law Amendment Act, 1963
18 May 1962
Amended by
Post Office Amendment Act, 1962
Read this version
07 July 1961
Amended by
Finance Act, 1961
Read this version
06 July 1959
Amended by
Finance Act, 1959
Read this version
03 October 1958
26 September 1958
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Rules of the Post Office Retirement Fund, 2005 | Government Notice 1107 of 2005 |
Rules of the Post Office Retirement Fund, 2005: Amendment No. 1 | Government Notice 816 of 2006 |
Rules of the Post Office Retirement Fund, 2005: Amendment No. 3 | Government Notice 380 of 2013 |
Rules of the Post Office Retirement Fund, 2005: Amendment No. 4 | General Notice 342 of 2014 |
Rules of the Post Office Retirement Fund, 2005: Amendment No. 5 | General Notice 1412 of 2022 |
Rules of the Post Office Retirement Fund, 2005: Correction | General Notice 1333 of 2005 |
Documents citing this one 436
Gazette 420
Judgment 6
Legislation 9
1. | Electronic Communications Act, 2005 | 896 citations |
2. | Value-Added Tax Act, 1991 | 694 citations |
3. | National Payment System Act, 1998 | 68 citations |
4. | Former States Posts and Telecommunications Reorganisation Act, 1996 | 41 citations |
5. | South African Postbank SOC Limited Act, 2010 | 32 citations |
6. | Customs Control Act, 2014 | 15 citations |
7. | South African Post Office SOC Ltd Act, 2011 | 15 citations |
8. | Telegraph Messages Protection Act, 1963 | 3 citations |
9. | Rules of the Post Office Retirement Fund, 2005 |
Report 1
1. | Money laundering and related matters - Project 104 |