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 (1) Subject to this Act, no person shall provide a cellular telecommunication service or operate a cellular telecommunication system or operate a radiocommunication service for the purpose of a cellular telecommunication service except in accordance with a cellular telecommunication licence. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine of not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection amended by section 4 of Act 22 of 2001] (3) In addition to any punishment it may impose under subsection (2) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (1) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence: Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus concerned should not be forfeited. (4) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (3). 32 Postal licence (1) In this section “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 postal services carried on by the Corporation immediately before the fixed date. (2) Subject to this section, no person shall operate a postal service except in accordance with a postal licence. (3) Except as otherwise prescribed, a postal licence shall not authorise any person, other than the Corporation or the appropriate successor company, to provide a reserved postal service: Provided that, if the appropriate successor company ceases to exist or to operate a postal service, or if its postal licence is cancelled or suspended, the Authority, after consultation with the Minister, may issue a postal licence to any other person authorising that person to provide the reserved postal service concerned. [Subsection amended by section 18 of Act 14 of 2002] (4) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection amended by section 4 of Act 22 of 2001] (5) In addition to any punishment it may impose under subsection (4) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (2) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence: Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus concerned should not be forfeited. (6) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (5). 33 Radio station licence (1) Subject to this section, no person, other than the Broadcasting Corporation, shall have in his possession or under his control or work a radio station specified in the First Schedule, except in accordance with a radio station licence. (2) Subject to this section, no person other than the Zimbabwe Broadcasting Corporation or a person licensed in terms of the Broadcasting Services Act [Chapter 12:06] shall have in his possession or under his control or work a radio transmitting station which is not a radio station specified in the First Schedule. [Subsection amended by section 48 of Act 3 of 2001 (3) The Authority may issue a temporary radio station licence authorising a person to possess a radio station referred to in subsection (1) or a radio transmitting station referred to in subsection (2) for a limited period on condition that the station is not used for the purpose of carrying on a radiocommunication service. 15