BOTSWANA POSTAL SERVICES : SUBSIDIARY LEGISLATION
(previously "POST OFFICE")

INDEX TO SUBSIDIARY LEGISLATION

Post Office (Expedited Mail Service) Regulations

Post Office Money Order Regulations

Post Office (Postage and Miscellaneous Charges) Regulations

Post Office (Postal And Franking) Regulations

Postal Order Regulations

POST OFFICE (POSTAL AND FRANKING) REGULATIONS

 

(under section 56)

 

(7th November, 1980)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Postal

 

   3.   Post office hours

 

   4.   Stamps to be correctly positioned

 

   5.   Postage meters and franking machines

 

   6.   Prepayment of postage in money

 

   7.   Discount for bulk posting

 

   8.   Licence in lieu of postage

 

   9.   Licence to sell postage stamps

 

   10.   Perforation of postage stamps

 

   11.   Certain postage stamps not to be used

 

   12.   Exchange of postal material

 

   13.   Times of posting

 

   14.   Weight or dimensions of articles

 

   15.   Packing of postal articles

 

   16.   Pathological or similar specimens

 

   17.   Postal articles not to contain articles addressed to another address

 

   18.   Manner of wrapping commercial papers, etc.

 

   19.   Surcharge for improper sending of commercial papers, etc.

 

   20.   Customs provisions

 

   21.   Vegetable matter to be transmitted subject to approval of Permanent Secretary of Agriculture

 

   22.   Persons under 16 years of age

 

   23.   Dissolution of company or business partnership

 

   24.   Poste restante

 

   25.   Moneys collected on delivery

 

   26.   Inquiry in respect of missing postal article

 

   27.   Postal articles addressed to or received from other countries

 

   28.   Postal officers not required to fix stamps, etc.

 

   29.   Private post bags

 

   30.   Private post office boxes

 

   31.   Postcards

 

   32.   Newspapers

 

   33.   Commercial papers

 

   34.   Samples

 

   35.   Printed papers

 

   36.   Literature for the blind

 

   37.   Delivery of postal articles at street address

 

   38.   Redirection

 

   39.   Undelivered articles

 

   40.   Registration

 

   41.   Compensation for loss

 

   42.   Parcels

 

   43.   Agricultural parcels

 

   44.   Cash-on-delivery service: parcels

 

   45.   Letters for conveyance by guards of railway trains

 

   46.   Express delivery

 

 

 

PART III
Franking

 

   47.   Officers entitled to frank

 

   48.   Authority to frank

 

   49.   Correspondence addressed to officers authorized to frank

 

   50.   Use of franking stamp: signature on cover

 

   51.   Custody of franking stamp

 

   52.   Government publications

 

   53.   Postal articles not entitled to be sent free of postage: treatment by franking officers

 

   54.   Surcharging

 

   55.   Registration

 

   56.   Parcels on public service

 

   57.   Franked letters and documents from African Postal Union countries

 

 

S.I. 124, 1980.

PART I
Preliminary
(regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Post Office (Postal and Franking) Regulations.

 

2.   Interpretation

   In these Regulations, "Director" means the Director of Postal Services.

PART II
Postal
(regs 3-46)

 

3.   Post office hours

   The hours during which post offices shall be open for the conduct of the various classes of public business shall be as determined and notified from time to time by the Director.

 

4.   Stamps to be correctly positioned

   Stamps in prepayment of postage or other charges upon any postal article shall be affixed upon the face of such article and near the address written thereon, and it shall not be obligatory upon the Department to take notice of any stamps which are affixed elsewhere.

 

5.   Postage meters and franking machines

   The Director may, subject to such conditions as he may deem necessary, license the use of approved postage meters or franking machines for impressing upon postal articles the sign of postage or stamp value.

 

6.   Prepayment of postage in money

   At such office as may be determined and notified by the Director, prepayment of postage may be made in money in lieu of postage stamps whenever the number of postal articles handed in for transmission at one and the same time by any one person amounts to not fewer than 50 in the case of the letter rate articles or 100 in the case of other articles, and such articles shall be made up in bundles with the addresses the same way up and facing in the same direction.

 

7.   Discount for bulk posting

   Where the number of articles handed in at a post office counter by one consignor at one and the same time amounts to not fewer than 100, a discount of five percent shall be allowed on the total amount of postage payable:

   Provided that-

 

   (i)   the consignment is made up in bundles of 100 articles falling under the same class and each subject to the same amount of postage and such articles do not exceed 500 g each in weight;

 

   (ii)   the articles are arranged with the addresses the same way up and facing the same direction; and

 

   (iii)   the consignment is handed in between the hours of 9 a.m. and 1 p.m. on Mondays to Fridays and 9 a.m. and 11 a.m. on Saturdays.

 

8.   Licence in lieu of postage

   (1) The Director may, on such conditions as he may determine subject to the provisions of these Regulations, issue a licence to any person to receive any post-card, envelope or folder issued by the licensee and designed for use by the addressee for replying to the licensee and upon which postage has not been prepaid.

   (2) A licence shall not cover the use of any post-card, envelope or folder which does not conform to the specifications prescribed by the Director, and a complete printed proof of such post-card, envelope or folder shall be submitted by the licensee to the Director for approval prior to the use thereof.

   (3) A licensee shall deposit with the Director an amount sufficient to cover the charges which the Director estimates will, during such period as he may determine, accrue in respect of the article concerned:

   Provided that the amount so deposited shall not be less than P1.

   (4) Following the termination of the period determined under subregulation (3), a licence may, by notice in writing, be revoked by the Director:

   Provided that, where the licensee fails to comply with any condition of the licence, such licence may be revoked forthwith.

 

9.   Licence to sell postage stamps

   (1) The Director may upon such conditions as he may deem fit grant to any person, free of charge, a licence to sell postage stamps.

   (2) The Director shall at his discretion have the power to revoke any licence granted by him under subregulation (1).

   (3) Any person who, not being licensed by the Director to sell postage stamps, places or permits or causes to be placed or suffers to remain on or near to his house or premises the words "Licensed to sell postage stamps", or any other word or mark which may imply or give reasonable cause to believe that he is duly licensed to sell postage stamps, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P25.

 

10.   Perforation of postage stamps

   (1) Subject to the approval in writing of the Director, postage stamps may be perforated with initials and such perforated stamps shall, except for extending the value of postal orders, be available for the purposes of the Act.

   (2) Perforated postage stamps shall not be re-sold or exchanged for other stamps.

 

11.   Certain postage stamps not to be used

   Any postage stamp mutilated or soiled so as to make it a matter of doubt whether or not such stamp has been previously used for any purpose whatsoever shall not be available for the payment of any postal charge.

 

12.   Exchange of postal material

   Any denomination of any postage stamp, envelope, post-card, wrapper or other article embossed or impressed with a postage value may, at the discretion of the Director and on payment of the prescribed charge, be exchanged for any other denomination.

 

13.   Times of posting

   (1) The time up to which any postal article may be posted for dispatch by any particular mail shall be determined and notified by the Director.

   (2) The Director may as he deems fit, on the payment by the applicant of the prescribed charge, make arrangements for the inclusion in any mail of any article posted after the time so determined.

 

14.   Weight or dimensions of articles

   Except with the written authority of the Director, no postal article shall exceed the prescribed limits of weight or dimensions.

 

15.   Packing of postal articles

   (1) The contents of every postal article shall be packed and secured by the sender in a manner such as to afford adequate protection thereof and to other postal articles.

   (2) Any article which, in the opinion of the Director, does not comply with the provisions of subregulation (1) may be refused acceptance or may be intercepted and confiscated in the course of transmission.

 

16.   Pathological or similar specimens

   (1) Notwithstanding the provisions of section 38 of the Act, any pathological or similar specimen may be transmitted through the post:

   Provided the container in which it is transmitted complies with the provisions of this regulation.

   (2) Any pathological or similar specimen which is liable to putrefaction, or which has been placed in liquid or from which moisture is likely to exude, shall be enclosed in an airtight container packed in a strong wooden box or metal container with a tight-fitting lid and with sufficient absorbent material covering the container to prevent any possible leakage in the event of the container being damaged.

   (3) A postal article referred to in subregulation (2)-

 

   (a)   which is accepted for transmission through the post shall bear on or have attached to it a declaration, in the prescribed form, signed by the sender; and

 

   (b)   shall not exceed 3,2 kg in weight.

 

17.   Postal articles not to contain articles addressed to another address

   (1) No postal article directed to one address shall contain any other article addressed to a different address.

   (2) Any postal article found to contain any enclosure contrary to this regulation shall be surcharged on delivery with an amount equal to double the postage which would have been payable on such enclosure if it had been transmitted separately.

 

18.   Manner of wrapping commercial papers, etc.

   Postal articles for transmission at the rates of postage prescribed for commercial papers, printed papers, samples or newspapers shall be wrapped in a manner such as to permit a ready inspection of the contents.

 

19.   Surcharge for improper sending of commercial papers, etc.

   Any postal article purporting to be a commercial paper, a printed paper, a sample or a newspaper within the meaning of this Part which is found to contravene any provisions thereof shall, without prejudice to any penalty which may be imposed upon the sender under the Act, be liable to be treated as a letter or, if admissible at the parcel rate, as a parcel and surcharged upon delivery with an amount equal to double the deficient postage at the letter or parcel rate, as the case may be.

 

20.   Customs provisions

   (1) Any postal article handed in for transmission to or received from any place outside Botswana shall be subject to the Customs and Excise Duty Act and shall be accompanied by such form, duly completed by the sender or receiver, as may be required by the Director.

   (2) Any postal article for delivery within Botswana which contains any article liable to customs duty shall be cleared through Customs by the Director of Customs and Excise and shall, upon delivery, be subject to the prescribed charge in respect of stamp duty and clearance.

   (3) Any postal article which contains jewellery or other enclosure of intrinsic value, or an article the declared value of which may appear to be understated by the sender, shall be liable to confiscation until proof of its value has been adduced to the satisfaction of the Director of Customs and Excise.

 

21.   Vegetable matter to be transmitted subject to approval of Permanent Secretary of Agriculture

   (1) The transmission through the post of plants or parts thereof, such as cuttings, roots, tubers, bulbs, fruit or other vegetable matter, and the delivery of similar articles shall be subject to the approval of the Permanent Secretary for the time being responsible for agriculture.

   (2) The cost of any steps which may be taken on the direction of the said Permanent Secretary in connection with the examination or fumigation of any article shall, in the case of postal articles handed in at a post office within Botswana, be borne by the sender, and, in the case of postal articles received from outside Botswana for delivery within Botswana, be borne by the addressee.

 

22.   Persons under 16 years of age

   (1) Where directions in writing have been given to the Director by a parent or guardian of a person under the age of 16 years, the Director may at his discretion deliver any postal article addressed to that person in accordance with the directions so given.

   (2) Notwithstanding any direction given under subregulation (1) the Director may, if he so deems fit, deliver to any person under the age of 16 years any postal article addressed to that person.

   (3) In the absence of any direction under subregulation (1), any postal article addressed to a minor shall be delivered in accordance with the provisions governing the delivery of postal articles.

 

23.   Dissolution of company or business partnership

   Where, in the event of the dissolution of a company or business partnership and in the absence of an order of a court of competent jurisdiction, any person concerned gives notice to the Director not to deliver any postal article addressed to such company or business partnership except to the person giving such notice, the Director may refuse to deliver the article so addressed until an agreement is arrived at between the interested parties, and, in default of such agreement being arrived at within 30 days from the date of such notice, the Director may cause the article to be endorsed with the words "In dispute" and treated as undeliverable.

 

24.   Poste restante

   A postal article addressed to a poste restante or to be called for at any post office shall be subject to such directions as may from time to time be given by the Director who may at his discretion deliver the article to the addressee's place of business or private residence or, if the addressee rents a private post office box, into such box.

 

25.   Moneys collected on delivery

   (1) Where any sum to be collected upon delivery of a postal article is paid, the delivery officer shall before effecting delivery affix to such article a special stamp or stamps provided for the purpose equal in value to the sum received, and shall forthwith cancel the stamp or stamps in such a manner as may be specified by the Director.

   (2) Where there is a dispute as to the accuracy of a surcharge, the matter shall be presented to the postmaster of the office of delivery to whom the article surcharged must be produced prior to its being opened.

 

26.   Inquiry in respect of missing postal article

   Where an inquiry is instituted by the Director at the request of either the sender or the addressee in respect of a postal article said to have been posted, the Director may require the applicant to make a declaration in support of the information furnished by him in such form as may be decided by the Director and, except where an acknowledgement of delivery of a registered article has been paid for, may require the applicant to pay the prescribed fee.

 

27.   Postal articles addressed to or received from other countries

   Any postal article addressed to or received from another country shall be subject to the provisions of any convention or agreement in force for the time being between the Government and the postal administration of such country with regard to the transmission of such article through the post.

 

28.   Postal officers not required to fix stamps, etc.

   Postal officers shall not be required to affix stamps to any postal article brought to any post office, or be bound to give or demand change, or to weigh for any member of the public any letter or other article except a registered article.

 

29.   Private post bags

   (1) The Director may, subject to such conditions as he may deem fit and to payment by the applicant of the prescribed fee, enter into an arrangement with any person for the use of a private post bag for the transmission of any postal article between the residence or place of business of that person and any post office considered by the Director to be convenient for the purpose.

   (2) In the event of a private post bag being used between the residence of a person and more than one post office, the prescribed fee shall be payable in respect of each such post bag.

   (3) Where a private post bag is used by more than one person, the person responsible for the payment of the prescribed fee shall be responsible for any charge which may be due on any postal article forwarded at any time in such bag and for the return to the proper post office of any receipt, duly signed by the addressee, in connection with a registered postal article and parcel as well as for any undeliverable article enclosed in such bag.

   (4) In the event of a breach of any provision of this regulation or of any condition laid down by the Director with regard to the use of a private post bag, or where in his opinion any such bag is being or is intended to be used for any improper purpose, the use thereof may be discontinued forthwith.

 

30.   Private post office boxes

   (1) The Director may, in his discretion and subject to any condition he may impose, let to any person a private post office box at any post office for the delivery of any postal article addressed to the lessee thereof, and the rental to be charged therefor shall be as prescribed.

   (2) Unless in business partnership, two or more persons shall not jointly rent one private post office box, and any persons or firms trading under two or more designations may be required to rent a box for each designation; and a group of companies having a joint management may be required to rent a separate box for each company.

   (3) The Director may refuse to let a private post office box to any person without assigning any reason therefor, and may cancel the lease of such a box at any time without notice if it appears to him that any condition of the lease has been infringed or if in his opinion the box is intended to be or is being used for an improper purpose.

   (4) Two keys shall be supplied for each private post office box when let, and where the renter requires an additional key he shall be required to pay the cost thereof at the prescribed rate.

   (5) Where the renter of a private post office box loses a key belonging to the box he shall pay to the Director the charge for the supply of a new lock at the prescribed rate.

   (6) A private post office box shall be used exclusively for the reception of correspondence which is to pass or has passed through the post.

 

31.   Postcards

   (1) A postcard intended for transmission through the post shall not be enclosed in any cover or wrapper and, except as may from time to time be notified by the Director, nothing shall be attached thereto other than the stamp for the prepayment of the postage due thereon.

   (2) Postcards of private manufacture may be transmitted through the post at the rate of postage applicable to official cards provided that they conform generally to the provisions relating to such articles and to such special conditions as may from time to time be specified by the Director.

   (3) The right-hand side of the face of a postcard, whether an official card or a card of private manufacture, or of an address card, shall not be available for use by the sender except for the purpose of indicating the name and address of the person for whom the card is intended and for affixing the necessary postage stamps.

   (4) A postcard which does not comply with the provisions of these Regulations and the conditions specified by the Director in regard to the dimensions, form and material thereof and the attachments thereto shall be treated as a letter and surcharged at the letter rate with double the amount of any deficient postage:

   Provided that where such postcard conforms to the provisions specified for printed paper it shall be allowed to pass at the printed paper rate.

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