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Postal and Courier

Overview

The Authority shall grant to the public postal Licensee an exclusive right to provide private letter boxes, postal bags and postal services except such services as shall be excluded by regulations issued under the National Communication Act.

Universal Postal Services

  1. The Authority shall from time to time provide targets to postal licensees to facilitate the achievement of universal service obligations.
  2. In providing targets for fulfilment of universal service obligations by postal licensees, the Authority shall have regard to:
  3. Measurable quantity and quality of service standards for postal services in relation to customer satisfaction;
    • Speed, reliability and security of the service;
    • Accessibility to and affordability of universal postal services; and
    • Evolution in technological, economic and social environments;
    • The provision of universal postal services shall be the responsibility of the public postal licensee.
  4. Notwithstanding sub-regulation (3) of the National Communication’s Postal Services Regulation, the Authority may require licensees for unreserved postal services to provide any universal postal services.
  5. The public postal licensee may provide universal postal services through contract, agency or franchise and the Authority shall not require such agent or franchisee to hold any licence under the National Communication Act.
  6. The public postal licensee shall notify the Authority of any contract, agency or franchise entered into under sub-regulation (5) of the National Communication’s Postal Services Regulation.
  7. The public postal licensee shall not suspend provision of basic postal service, except in case of force majeure events including, among others, natural disasters, fire hazard, explosion, war, strike, embargo, Government Regulation, civil or military authority.
  8. To the extent necessary to ensure maintenance of universal service, the Authority may continue to reserve services for public postal licensees.
  9. Subject to provisions of sections 97 and 98 of the National Communication Act, any licensee who, contravenes this Regulation commits an offence and shall, upon conviction be punishable with line of South Sudanese Pounds equivalent of US Dollars One Hundred Thousand (USD 100,000) per month or part therefore during which such failure continues.
 

Right to Provide Postal Services

  1. No person shall operate or provide postal services except under a Licence issued by the Authority.
  2. Notwithstanding the provisions of sub-sections (1) of this section, the Authority may exempt some services as shall be specified in detail by the regulations issued pursuant to National Communication Act.
  3. In the event of any question arising as to whether or not a Postal Article is a letter within the meaning of the National Communication Act or applicable regulations, ruling by the Authority on the matter shall be final and conclusive.

Postage Stamps and Letter Boxes

The public postal Licensee shall have exclusive rights to issue postage stamps and provide private letter boxes subject to such conditions as the Authority may impose.
 

Issuance of Postage Stamps

  1. The public postal licensee shall issue postage stamps that:
    • Are of best quality;
    • Cannot be easily replicated; and
    • Are engraved with subjects consistent with the broad philatelic objectives of South Sudan.
  1. When considering any expedient issuance of definitive commemorative and special stamps and related activities, the public postal licensee shall be fair to all interested parties.
  2. Definitive stamp shall:
    • Be issued once in every five years;
    • Run for a period of not less than five years and not exceeding ten years;
    • Concern subject matters approved by the Authority, at least thirty (30) days before the issue; and
    • Bear face values chosen by the public postal licensee.
  1. Commemorative stamp may be issued at such intervals as the public postal licensee determines to be commercially viable and shall:
    • Concern any subject matter approved by the Authority at least fourteen (14) days before the issue; and
    • Bear face values chosen by the public postal licensee.

Postal Article Guidelines

Liability for Postal Article
  1. The person to whom any Postal Article is tendered on which postage or other charges are due shall be liable to pay such postage or charge unless:
    • He or she refuses to accept delivery of such Postal Article; or
    • Having accepted delivery of such a Postal Article, he or she forthwith, returns it unopened.
  2. If any Postal Article for which postage or other charges are due is refused or returned unopened by the addressee, or if the addressee is dead or cannot be found, the sender shall be liable to pay the postage or other charges due thereon.

 

Opening of Postal Articles

  1. Subject to the National Communication Act, where any Postal Article is in the course of transmission by post, no employee of the Licensee shall open it or deliver it to any person other than the addressee nor permit it to be opened or delivered by any person other than the addressee unless such employee is duly authorised in writing by the Licensee.
  2. Nothing in this section shall preclude the examination or disposal of any Postal Article pursuant to provisions of any law providing for such examination or disposal, in particular laws relating to:
    •  Customs and duty; or
    •  Laws regulating import or export of goods.
    • The Licensee may, on a case-by-case basis, authorise the opening or returning of any specified Postal Article.

 

Interception of Postal Article

  1. Upon declaration of a state of public emergency or in the interest of public safety and tranquillity, the National Government officer responsible for internal security may order any class or description of Postal Articles that are in transit through post within South Sudan to be intercepted or detained or to be delivered to any officer in service of the Government mentioned in the order, or may direct that such articles be disposed of in such manner as the officer may direct.
  2. A certificate signed by the National Government officer responsible for internal security shall be sufficient evidence of the existence of a state of public emergency and of the fact that any actions directed to be done in accordance with subsection (1) of this section are done in the interest of public security and tranquillity.

 

Article or Material Injurious to Persons

  1. No person shall send by post any material or Postal Article which may in the course of transmission by post be likely to injure or cause harm to any person.
  2. Except as otherwise provided by regulations made under the National Communication Act and subject to such conditions as may be prescribed, no person shall send by post explosives, inflammable, dangerous, filthy, noxious or deleterious substance or sharp instruments or objects that are not properly protected which may cause injury to any person in the course of its trans by post.

 

Prohibited Materials

  1. No person shall send by post:
    • Any indecent or obscene printing, photograph or Lithograph;
    • Any Postal Article having on its face or cover words or designs of indecent, obscene, scurrilous, threatening or grossly offensive depictions;
    • Any Postal Article bearing a fictitious stamp or purporting to be prepaid with any postage stamp which has previously been used in payment of stamp charges;
    • Other Postal Articles which the Authority may by regulation prohibit.
  2. The Authority may make regulations in respect of the articles prohibited by subsection (1) of the Postal Service section of the National Communication Act and for detaining, disposing of, or destroying such Postal Articles sent or tendered for transmission by post.

 

Evidence of Return of Postal Articles

In any proceedings for recovery of any postage or other charges alleged to be due under the National Communication Act in respect of such Postal Article:

  1. The production of the Postal Article bearing the official mark of the Licensee or the signature of an employee of the Licensee denoting that the article has been refused, returned unopened or unclaimed, or that the addressee is dead or cannot be found, shall be prima facie evidence of the fact so denoted.
  2. The person from whom the Postal Article stated to have come shall, until the contrary is proved, be deemed to be the sender of such Postal Article.
  3. Production of the Postal Article bearing the official mark of a public postal Licensee denoting that any postage or other charge is due in respect of the Postal Article to the operator or to the postal administration of any foreign country, shall be conclusive evidence for all intents and purposes that the sum so indicated on it is due.

Postal Financial Services

  1. The Authority may allow a public postal Licensee to carry out postal financial services on its own account in accordance with the provisions of the National Communication Act and applicable regulations.
  2. For purposes of this Section, “Postal Financial Services” include but may not be limited to money orders, postal orders, postal drafts, postal cheques, postal traveller’s cheques, cash-on-delivery, collection of bills, savings service, subscription to newspapers and periodicals or other forms of financial service as the Authority may prescribe.