55 Undeliverable postal articles (1) The following provisions shall apply to any postal article which a postal licensee is unable to deliver or return to the sender after using his best efforts (a) the postal licensee shall have the right to open and examine the postal article for the purpose of determining from its contents the identity and address of the addressee or sender; (b) the opening and examination of any postal article in terms of paragraph (a) shall be done by an employee of the postal licensee authorised in writing generally or specifically for the purpose by the postal licensee; (c) if, after an examination in terms of paragraph (a), the postal licensee (i) determines the identity and address of the addressee or the sender, he shall re-seal the postal article and enclose or append a written explanation of the reasons and the authority for opening it; or (ii) fails to determine the identity and address of the addressee or the sender, he shall hold the postal article for six months after the date of the examination and, on being satisfied at any time within that period that any person enquiring for it is entitled to the postal article, deliver it to that person; (d) if no delivery of the postal article is made in terms of subparagraph (ii) of paragraph (c), the postal licensee may (i) destroy the postal article or any of its contents; or (ii) sell any of the contents of the postal article and credit the proceeds to his income; (e) if the postal article is disposed of in terms of paragraph (d), the postal licensee shall make a record of the disposal and store such record together with other such records in a manner prescribed, or approved by the Authority, for a period of not less than twelve months from the date of the disposal, and the postal licensee shall make such record available for inspection by the Authority at its request. (2) No liability shall attach to a postal licensee in respect of any postal article dealt with in terms of subsection (1). 56 Restriction on opening of postal articles Except as otherwise provided by or in terms of this Act or any other law, after a postal article has been delivered to a postal licensee, no person shall open that article. 57 Detention and examination of postal articles (1) Subject to this section, if there are reasonable grounds to suspect that a postal article in the custody of a postal licensee— (a) contains anything in respect of which an offence or attempted offence is being committed; or (b) contains anything that will afford evidence of the commission of an offence; or (c) is being sent in contravention of this Act or in order to further the commission of an offence; the postal licensee— (i) may, if specifically or generally authorised to do so by the Attorney-General or by a person designated by the Attorney-General; and (ii) shall, if directed to do so by the Attorney-General or by a person designated by the AttorneyGeneral; detain the postal article and open and examine it in the presence of a police officer or such other person as may be prescribed. (2) If, on an examination of a postal article in terms of subsection (1) — (a) the suspicion that gave rise to its examination is substantiated, the postal article may be detained for the purposes of prosecution or destroyed or dealt with in such other manner as may be prescribed; (b) the suspicion that gave rise to its examination is not substantiated, the postal article shall be delivered to the person to whom it is addressed or to his representative on payment of any postage payable thereon. (3) Subject to this section, if the Director of Customs and Excise or any customs officer designated by him suspects on reasonable grounds that any postal article in the custody of a postal licensee contains goods liable to duty or tax imposed under any enactment, he may — (a) examine the postal article; and (b) for the purpose of such examination, require an employee of the postal licensee to open the postal article in his presence. (4) If, on an examination of a postal article in terms of subsection (3) — (a) any goods liable to duty or tax are discovered in the postal article, it may be detained for the purposes of prosecution or may be delivered to the person to whom it is addressed or to his representative on payment of the duty or tax and any postage payable thereon; (b) no goods liable to duty or tax are discovered in the postal article, it shall be delivered to the person to whom it is addressed or to his representative on payment of any postage payable thereon. 23