Postal and Telecommunications Act
- There are multiple commencements:
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
|Part I (section 1–2); Part II (section 3–4); Part III (section 5–19); Part IV (section 20–24); Part V (section 25–30); Part XIII (section 105–113)||commenced on 1 September 2000.|
|Part VI (section 31–47); Part VII (section 48–58); Part VIII (section 59–65); Part IX (section 66–71); Part X (section 72–79); Part XI, section 80–89, section 90–93; Part XII (section 94–104)||commenced on 1 January 2001.|
|Part XI, section 89A–89C||
commenced on (unknown date).
Note: inserted by Act 1 of 2011
Part I – Preliminary
1. Short title and date of commencementThis Act may be cited as the Postal and Telecommunications Act, [Chapter 12:05].
Part II – Establishment, functions and powers of Postal and Telecommunications Authority
3. Establishment of Postal and Telecommunications Regulatory Authority of ZimbabweThere is hereby established an authority, to be known as the Postal and Telecommunications Regulatory Authority of Zimbabwe which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.[section amended by section 18 of Act 14 of 2002]
4. Functions and powers of Authority
Part III – Postal and Telecommunications Authority Board
5. Establishment of Postal and Telecommunications Regulatory Authority of Zimbabwe BoardThe operations of the Authority shall, subject to this Act, be controlled and managed by a board to be known as the Postal and Telecommunications Regulatory Authority of Zimbabwe Board.[section amended by section 18 of Act 14 of 2002]
6. Constitution of Board
7. Terms of office and conditions of service of members
8. Disqualifications for appointment as member
9. Vacation of office by memberA member shall vacate his office and his office shall become vacant—
10. Dismissal or suspension of members
11. Filling of vacancies on BoardOn the death of, or vacation of office by, a member, the President may appoint a qualified person to fill the vacancy:Provided that if as a result of the vacancy the number of members falls below the minimum number specified in section six, the President shall fill the vacancy within three weeks.
12. Chairman and vice-chairman of Board
13. Meetings and procedure of Board
14. Committees of Board
15. Remuneration and expenses of members of Board and members of committees
16. Members of Board and committees to disclose certain connections and interests
17. Validity of decisions and acts of BoardNo decision or act of the Board or act done under the authority of the Board shall be invalid on the ground that—
18. Minutes of proceedings of Board and committees
19. Funds of AuthorityThe funds of the Authority shall consist of—
Part IV – Financial provisions
20. Surplus funds of Authority to be appropriated to Universal Service FundAny surplus of income over expenditure at the end of the Authority’s financial year shall be appropriated to the Universal Service Fund established by subsection (1) of section seventy-three.
21. Financial year of AuthorityThe financial year of the Authority shall be the period of twelve months ending on the 31st December in each year.
22. Accounts of Authority
23. Audit of Authority’s accounts
24. Powers of auditors
Part V – Miscellaneous provisions relating to Authority
25. Minister may give policy directions
26. Minister may direct Board to reverse, suspend or rescind its decisions or actions
27. Execution of contracts and instruments by AuthorityAny agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Authority by any persons generally or specially authorised by the Board for that purpose.
28. Reports of Authority
29. Director-General and other employees of Authority
30. Exemption from liability for AuthorityNo liability shall attach to the Authority or to any employee of the Authority or the Board or to a member of the Board or any committee of the Board for any loss or damage sustained by any person as a result of the bona fide exercise or performance of any function which by or in terms of this Act is conferred or imposed upon the Authority or the Board:Provided that this section shall not be construed so as to prevent any person from recovering compensation for any loss or damage sustained by him which was caused by negligence.
Part VI – Licences
31. Cellular telecommunication licence
32. Postal licence
33. Radio station licence
34. Telecommunication licence
35. Private telecommunication licence
36. Persons disqualified to be licensed
37. Application for and issue and publication or refusal of licence
38. Terms and conditions of licence
39. Form and period of validity of licence
40. Register of licences
41. Renewal of licence and annual licence fees
42. Amendment of licence
43. Suspension, cancellation and enforcement of licences
44. Powers of Authority in connection with radio station licences
45. Licensee to inform Authority of changes
46. Transfer of licences prohibitedNo licensee shall assign, cede or otherwise transfer his licence to any other person without the prior approval of the Authority.
47. Frequency bids
Part VII – Postal services
48. Postal licensees to comply with licence and regulationsA postal licensee shall conduct his postal service in accordance with his licence and regulations made in terms of section ninety-nine.
49. Money orders and postal orders
50. Delivery of postal articles
51. Posting boxes
52. Provision of postage stamps
53. Official marks to be prima facieevidence of certain facts denotedIn any proceedings for the recovery of any postage or other fee or sum payable in respect of a postal article—
54. Recovery of postage and other sums due in respect of postal services
55. Undeliverable postal articles
56. Restriction on opening of postal articlesExcept as otherwise provided by or in terms of this Act or any other law, after a postal article has been delivered to a postal licensee, no person shall open that article.
57. Detention and examination of postal articles
58. Exclusion of liability of postal licensees
Part VIII – Telecommunication services and systems
59. Interpretation in Part VIIIIn this Part—“telecommunication” includes cellular telecommunication.
60. Telecommunication licensees to comply with licence and regulationsA telecommunication licensee shall provide his telecommunication service or operate his telecommunication system in accordance with his licence and regulations made in terms of section ninety-nine.
61. Interconnection between telecommunication licensees
62. Approval of telecommunication apparatus
63. Special provisions relating to telecommunication licensees operating telecommunication systems
64. Use of certain conduits for telecommunication purposes
65. Notice of construction of railways and electricity works and control of other works
Part IX – Radiocommunication services
66. Provision of facilities for radiocommunication
67. Authority to approve sites of radio transmitting stations, allocate frequencies, etc.
68. Approval of Authority required for establishment and working of radio transmitting stations, etc.No person shall—
69. Disposal of certain radio transmitting stations or radio apparatus to be authorisedExcept with the Authority’s written permission no person, other than an authorised dealer, shall sell, give, supply or transfer to another person in any manner whatsoever ownership or possession of a radio transmitting station or radio apparatus necessary for the proper working of such a station, which is not also radio apparatus necessary for the proper working of a radio receiving station.
70. Certain dealers and repairers to be authorised
71. Certificates of competency required in respect of the working of certain radio stations
Part X – Universal Service Fund
72. Interpretation in Part XIn this Part—“appropriate successor company” means the successor company or, where more than one successor company is formed, the company licensed in terms of section one hundred and thirteen to provide the cellular telecommunication, postal or telecommunication services carried on by the Corporation immediately before the fixed date, as the case may be;“community centre” means any school, railway station, police station and other location providing a service to the community;“directory information service” means a service consisting in the provision by means of a telecommunication service of directory information for the purpose of facilitating the use of a telecommunication service;“disabled person” means a person who is substantially and permanently handicapped by any physical or mental disability;“Fund” means the Universal Service Fund established by section seventy-three;“under-serviced area” means any area that is not, in the opinion of the Minister formed in consultation with the Authority, adequately provided with postal or telecommunication services.
73. Establishment and vesting of Universal Service Fund
74. Objects of FundThe objects of the Fund shall be—
75. Moneys of FundThe Fund shall consist of—
76. Contributions to Fund
77. Holding of Fund
78. Financial year of FundThe financial year of the Fund shall be the period of twelve months ending on the 31st December in each year.
79. Accounts and audit of Fund
Part XI – Offences
80. Forgery of stamps and money orders, etc.Any person who, without due authority or lawful excuse—
81. Offences in relation to postage stamps and post marks
82. Offences in relation to mails or postal articles
83. Theft of and tampering with mailAny person who—
84. Restricted and prohibited postal articles and transmission of dangerous substances
85. Offence of unauthorised notice as to reception of letters, etc.Any person who, not being a postal licensee or without being authorised by the Authority places or maintains in or on any house, wall, door, window, box, pillar or other place—
86. Trespass in or upon post offices or telephone exchanges
87. False entries relating to mail and fraudulent use of official mark
88. Offensive or false telephone messagesAny person who—
89. Wilful damage to or interference with or theft of telecommunication lines and apparatus
89A. Power to arrest persons
89B. Transportation of telecommunication infrastructure material
89C. Seizure and forfeiture of unlawfully transported telecommunication infrastructure material and vehicles used in connection therewith
90. False declarationsAny person who, in any declaration required to be made under this Act, makes any statement which he knows to be false or does not have reasonable grounds to believe to be true shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]
91. Offences by employees and other persons
92. Sufficiency of allegations in indictmentIn any indictment, summons or charge relating to any offence committed in respect of—
93. Authority required for institution of certain criminal proceedingsWhere any person is brought before a court on a charge of—
Part XII – General
94. Emergency and universal service obligations of certain licensees
97. Evidence in proceedings for recovery of fees dueIn any legal proceedings for the recovery of any sum payable under this Act in respect of a postal article—
98. Interception of communications
99. Regulatory powers of Minister
100. Approval of tariffs by Authority
101. Recovery of fees and contributions
102. Proceedings on failure of Authority to comply with Act or direction
103. ***[section repealed by section 19 of Act 6 of 2005]
104. Disclosure of confidential information and use of information acquired by inspectors, etc., for personal gain
Part XIII – Transitional provisions, amendments, repeals and savings
105. Interpretation in Part XIIIIn this Part—“appropriate successor company” means the successor company or, where more than one successor company is formed, the successor company licensed in terms of section one hundred and thirteen to operate the cellular telecommunication, postal or telecommunication services carried on by the Corporation immediately before the fixed date, or any company formed to undertake the purchase, manufacture, maintenance and repair of equipment and apparatus used by any such company, as the case may be;“securities”, in relation to the appropriate successor company, includes shares, debentures, bonds and other securities of the successor company, whether or not constituting a charge on the company’s assets;“transfer date” means the date fixed by the Minister in terms of subsection (1) of section one hundred and eight or, where two or more such dates are so fixed, the first such date.
106. Formation of successor companies and exclusive reservation of certain postal and telecommunication services to the Corporation and the appropriate successor company
107. Initial shareholding in successor company
108. Transfer of assets and liabilities of Corporation to successor company
109. Issue of securities in consideration for transfer of assets
110. Conversion of loans transferred to successor company
111. Transfer of employees to successor company and Authority and conditions of service of transferred employees
112. Minister may give directions to Corporation
113. Successor company deemed to be licensed
History of this document
01 September 2000