MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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PART VI - REGULATION OF POSTAL SERVICES

PART VI-REGULATION OF POSTAL SERVICES 
  
58. The Authority shall regulate postal services so as to ensure that there are provided throughout Malawi good and sufficient postal services at rates consistent with efficient and continuous service, the financial viability of Malawi Posts and in accordance with the recommendations of the Universal Postal Union and other international agreements entered into by the Republic of Malawi. 
 

  

Duty of the 
Authority in 
respect of 
postal 
services 
 
 

59.-(1) The Minister may, after consultation with the Authority, give directions of a general or special nature to the Authority in relation to the performance of its functions and exercise of its powers under this Part. 
  
(2) Any direction given by the Minister under subsection (1) shall be in writing. 
 
Policy 
directions by 
the Minister 
 
 
 
 
60.-(1) Subject to the provisions of this Part, Malawi Posts shall have, throughout Malawi the exclusive right of conveying letters weighing not more than 350 grams from one place to another and of performing all the incidental services of receiving, collecting and delivering such letters. 

(2) The exclusive right conferred on Malawi Posts by subsection (1) is not infringed by the conveyance and delivery of- 
(a) a letter personally by a sender or by a member of the 
sender's family; 
(b) a letter by a messenger sent for the purpose; 

Exclusive 
right of 
Malawi Posts 
to convey 
letters 
  
  
  
 
 
 
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(c) letters carried by a person having a business interest in the letters, and the collection of letters for that purpose; 
 (d) letters concerning goods sent with the goods and delivered therewith; 
 (e) letters carried to and from a post office; 
(f) letters carried privately and delivered without hire, reward 
or profit. 
 
Licensing of 
mail services 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
61.--(I) Within one year of the transfer date the Authority shall issue to Malawi Posts a licence regulating the provision of services subject to the exclusive right granted to it by section 60. 
  
 (2) Subject to the approval of the Minister and after consultation with Malawi Posts, the Authority may issue a licence to any other person for the doing of any act or the performance of any service falling within the, exclusive right of Malawi Posts. 

(3) Any licence issued under subsection (2) shall be- 
  
(a) for a period not exceeding twelve months to be stated in the 
licence; or 
 (b) subject to conditions requiring the licencee- 
 (i) to provide services within the licenced area to a standard equivalent to that prescribed for Malawi Posts; 
 (ii) to charge for services according to an approved tariff; and 
 (iii) to make an appropriate contribution to the costs of running a national postal service. 
 

Amendment 
of a 
mail licence 
 
 
 
 
 
 
 
 
62.--(1) The Authority may modify the conditions of any licence 
issued under this Part if it is in the public interest to do so. 
  
(2) Before, making modifications to the conditions of a licence 
issued under this Part, the Authority shall- 
(a) publish a notice stating the reasons for the intended modification and giving any person with an interest in the matter the opportunity to make representations; and 
(b) give due consideration to any representations regarding the proposed modification made to it by any person with an interest or holding such a licence. 
 
Charges and 
other terms 
and 
conditions of  
postal 
services  
 
 
 
 
63(1) Malawi Posts shall publish, as respects any of the services provided by it, a statement specifying- 
  
(a) the charges for the service, except in so far as they are the subject of a contractual agreement between it and a person availing himself of the service; 
 
 
 
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(b) the other terms and conditions which are to be applicable to 
those services; and 
 (c) the manner in which, the time at which and the person by 
whom the charges are to be paid.  

(2) A statement drawn up by the Malawi Posts underthis section 1 shall be submitted by it to the Authority for approval before publication. 
  
(3) Malawi Posts may recover a charge levied by virtue of this section in any court of competent jurisdiction as if it were a simple contract debt. 
 

64.-(l) Subject to the conditions of its licence, Malawi Posts may issue such postage stamps as it may deem necessary for the purpose of this Part. 

(2) Before issuing any postage stamps, Malawi Posts shall- 
  
(a) inform the Authority of the proposed design; and 
(a) publish the proposed design in such manner as it thinks fit, 
  
and shall take into account any representations made to it concerning such design. 

(3) Malawi Posts shall not issue any postage stamp to whose 
design the Authority has objected in writing. 
 

Design, etc. 
of postage 
stamps 

  
  
  

  
  

  
 
 

65.-(1) Subject to the other provisions of this section, no mail may be opened in course of transmission by post or be delivered to any other person than the addressee. 

(2) An employee of Malawi Posts may refuse to deliver or accept for delivery or may open any mail if authorized to do so by express warrant in writing of the Postmaster General. 

(3) The Postmaster General may grant a warrant to refuse to deliver or to open any mail in any individual circumstance if he has reason to believe that an offence may have been committed under this Act or under any other written law. 
 

Inviolability 
of mail 
 
 
 
 
 
 
 
 
 
 
66.-(1) Any person providing a regular public transport service within Malawi shall, if requested by Malawi Posts or any other person holding a licence issued under this Part, carry mail between any places connected by that service. 

(2) The terms under which any person carries mail pursuant to subsection (1) shall be normal commercial terms and shall be determined by agreement between the parties or, in the absence of agreement, by the Authority. 
 

Use of public 
transport for 
carrying mail  
 
 
 
 
 
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Transactions 
on behalf of 
the Govern- 
ment and local 
authorities in 
post offices 
 
 
 
 
 
 
 
 
 
67.--(1) The Government and local authorities shall enter into contracts with Malawi Posts for Malawi Posts to do work consisting in the effecting of transactions of the Government and of local authorities during normal business hours in such parts of post offices as are open to the public during those hours for the transaction of postal business. 

(2) In consideration of its doing work for the Government or any local authority, Malawi Posts shall be entitled under any such contract to receive from the Government or the local authority payment for the work done that covers the costs incurred by Malawi Posts including the costs of capital employed. 

(3) In the event of a dispute arising concerning any aspect of such a contract, either party may request the Authority to make a determination. 
 

Financial 
Services 
 
 
 
 
 
 
 
 
 
68.-(1) Malawi Posts may, subject to the conditions of its licence, carry out financial services on its own account. 
  
(2) The financial services referred to in subsection (1) include- 
(a) the issue of money orders, including postal orders; 
(b) traveller's cheques; 
(c) giro services; 
(d) the collection and payment of bills; 
(e) the provision of savings services; and 
(f) such other financial services as the Minister, after consultation with the Authority, shall approve. 
 
 
Postal 
Regulations 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
69.-(1) The Minister, on the advice of the Authority, may make regulations generally with respect to the postal services, including but not limited to-- 
(a) the use of franking machines for prepayment of postage; 
(b) specifying the conditions on which postage stamps may be 
accepted or refused for payment of postal and other charges; 
(c) specifying any article which may not be sent by post; 
(d) specifying the conditions for the registration and insurance 
of postal articles; 
(e) specifying the conditions on which compensation may be paid for the loss of or damage to any postal articles; 
(f) providing for the disposal of undelivered or uncollected 
postal articles; and 
(g) specifying the conditions under which any financial ser- 
vices may be provided at a post office. 
(2) Before giving any advice under this section, the Authority 
shall consult with Malawi Posts. 
 
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