(5) If the Minister, by written notice to a postal licensee, certifies that it is necessary in the interests of defence, public safety or public order for a postal article in the licensee’s custody to be detained and additionally, or alternatively, opened and examined, the postal licensee shall forthwith comply with the notice. 58 Exclusion of liability of postal licensees (1) A postal licensee shall not be liable in respect of any injury, loss or damage suffered by any person by reason of (a) any loss, misdelivery or delay of or damage to any postal article in the course of transmission by post; or (b) any failure to provide or delay in providing any postal service or any equipment associated therewith or service ancillary thereto; or (c) any failure, interruption, suspension or restriction of any postal service or service ancillary thereto or delay of, or fault in, any communication by post; or (d) any loss of secrecy in communication arising from the use of any postal service; or (e) any wrong payment or delay in payment in connection with any remittance of money through the post or any other irregularity in the document used in connection with the remittance. (2) Notwithstanding subsection (1), in the event of the loss of or damage to any article enclosed in or forming part of a parcel or an insured postal article, or the loss of any registered postal article while in the custody of a postal licensee, the licensee may pay an indemnity in accordance with the provisions of the Constitution of the Universal Postal Union or any international agreement to which Zimbabwe is a party. PART VIII TELECOMMUNICATION SERVICES AND SYSTEMS 59 Interpretation in Part VIII In this Part— “telecommunication” includes cellular telecommunication. 60 Telecommunication licensees to comply with licence and regulations A telecommunication licensee shall provide his telecommunication service or operate his telecommunication system in accordance with his licence and regulations made in terms of section ninety-nine. 61 Interconnection between telecommunication licensees (1) Subject to this section, if a telecommunication licensee is requested to do so by another such licensee, he shall forthwith connect his telecommunication system to the other licensee’s telecommunication system in accordance with the terms and conditions of an agreement concluded between the licensees in terms of this section. (2) An agreement for the interconnection of telecommunication systems in terms of subsection (1) shall— (a) subject to subsection (5), be concluded within the period specified by the Authority or within such longer period as the Authority may permit; and (b) be consistent with guidelines published in terms of subsection (3); and (c) be subject to approval by the Authority. (3) The Authority shall publish guidelines as to the form and content of agreements for the interconnection of telecommunication systems, and such guidelines may make provision for— (a) the period within which the interconnection shall be completed; and (b) the quality or standards of service to be provided by the interconnected systems; and (c) the fees and charges payable for the interconnection; and (d) any other matter which, in the Authority’s opinion, will facilitate the interconnection. (4) Before concluding an agreement for the interconnection of telecommunication systems in terms of subsection (1), the parties shall lodge their proposed agreement with the Authority for its approval, which approval shall be given if the Authority is satisfied that the agreement will be consistent with the guidelines published in terms of subsection (3). (5) If the Authority refuses to approve an agreement in terms of subsection (4), it shall notify the parties in writing of the reasons for its refusal and shall require the parties to re-negotiate the proposed agreement, within such period as the Authority may specify, to make it consistent with the guidelines published in terms of subsection (3). (6) If, after a request for the interconnection of telecommunication systems has been made in terms of subsection (1)— (a) the licensee to whom the request was made refuses to accede to the request; or (b) the licensees concerned are unable, within the period referred to in paragraph (a) of subsection (2), to agree on the terms and conditions of an agreement for the interconnection of their telecommunication systems; the matter shall be referred to the Authority for its decision. 24

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