Postal And Telecommunications Act [Chapter 12:05]

Chapter 12:05

Postal And Telecommunications Act

Act 4/2000, 3/2001 (s. 48), 22/2001 (s. 4), 14/2002 (s. 18), 6/2005(s. 19)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.
2. Interpretation.

PART II

ESTABLISHMENT, FUNCTIONS ANDPOWERS OFPOSTAL AND TELECOMMUNICATIONS AUTHORITY

3. Establishment of Postal and Telecommunications Regulatory Authority of Zimbabwe.
4. Functions and powers of Authority.

PART III

POSTAL AND TELECOMMUNICATIONS AUTHORITY BOARD

5. Establishment of Postal and Telecommunications Regulatory Authority of Zimbabwe Board.
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 member.
10. Dismissal or suspension of members.
11. Filling of vacancies on Board.
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 Board.
18. Minutes of proceedings of Board and committees.

PART IV

FINANCIAL PROVISIONS

19. Funds of Authority.
20. Surplus funds of Authority to be appropriated to Universal Service Fund.
21. Financial year of Authority.
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 Authority.
28. Reports of Authority.
29. Director-General and other employees of Authority.
30. Exemption from liability for Authority.

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 prohibited.
47. Frequency bids.

PART VII

POSTAL SERVICES

48. Postal licensees to comply with licence and regulations.
49. Money orders and postal orders.
50. Delivery of postal articles.
51. Posting boxes.
52. Provision of postage stamps.
53. Official marks to beprima facie evidence of certain facts denoted.
54. Recovery of postage and other sums due in respect of postal services.
55. Undeliverable postal articles.
56. Restriction on opening of postal articles.
57. Detention and examination of postal articles.
58. Exclusion of liability of postal licensees.

PART VIII

TELECOMMUNICATION SERVICES AND SYSTEMS

59. Interpretation in Part VIII.
60. Telecommunication licensees to comply with licence and regulations.
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

RADIOCOMMUNICATIONSERVICES

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.
69. Disposal of certain radio transmitting stations or radio apparatus to be authorised.
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 X.
73. Establishment and vesting of Universal Service Fund.
74. Objects of Fund.
75. Moneys of Fund.
76. Contributions to Fund.
77. Holding of Fund.
78. Financial year of Fund.
79. Accounts and audit of Fund.

PART XI

OFFENCES

80. Forgery of stamps and money orders, etc.
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 mail.
84. Restricted and prohibited postal articles and transmission or use of dangerous substances.
85. Offence of unauthorised notice as to reception of letters, etc.
86. Trespass in or upon post offices or telephone exchanges.
87. False entries relatingto mail and fraudulent use of official mark.
88. Offensive or false telephone messages.
89. Wilful damage to or interference with telecommunication lines.
90. False declarations.
91. Offences by employees and other persons.
92. Sufficiency of allegations in indictment.
93. Authority required for institution of certain criminal proceedings.

PART XII

GENERAL

94. Emergency and universal service obligations of certain licensees.
97. Evidence in proceedings for recovery of fees due.
98. Interception of communications.
99. Regulatory powers of Minister 100. Approval of tariffs by Authority.
100. Recovery of fees and contributions.
101. Proceedings on failure of Authority to comply with Act or direction.
102. [Repealed]
103. Disclosure of confidential information and use of information acquired by inspectors, etc., for personal gain.

PART XIII

TRANSITIONAL PROVISIONS, AMENDMENTS, REPEALS ANDSAVINGS

105. Interpretation in Part XIII.
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.

SCHEDULES

First Schedule: Classification of radio stations.

Second Schedule: Ancillary powers of Authority.

Third Schedule: Rights, powers and duties of telecommunication licensees operating telecommunication systems.

AN ACT to provide for the establishment of the Postal and Telecommunications Authority and to provide for its functions and management; to provide for the licensing and regulation of cellular telecommunication, postal and telecommunication services; to amend the Broadcasting Act

[Chapter 12:01]; to provide for the repeal of the Postal and Telecommunication Services Act

[Chapter 12:02], the Posts and Telecommunications Corporation Act [Chapter 12:03] and the Radiocommunication Services Act [Chapter 12:04]; and to provide for matters incidental to or connected with the foregoing.

[Dates of commencement: 1st September, 2000