(f) the grant or refusal by the Authority to grant any approval or authority in terms of this Act; or
(g) the outcome of any mediation by the Authority of a dispute between licensees; or
(h) such decision of the Authority as may be prescribed;
may, within twenty-eight days after being notified of the decision or action of the Authority concerned, appeal in
writing to the Minister, submitting with his appeal such fee as may be prescribed:
Provided that such appeal shall not suspend the operation of any licence or certificate issued by the Authority.
(2) For the purpose of determining an appeal noted in terms of subsection (1), the Minister may require the
Authority to furnish him with the reasons for the decision or action that is the subject of the appeal and a copy of
any evidence upon which the reasons are based.
(3) The Minister, after due and expeditious inquiry, may make such order on any appeal noted in terms of
subsection (1) as he considers just.
(4) An appeal shall lie to the Administrative Court against any order of the Minister in terms of subsection
(3).
(5) An appeal in terms of subsection (4) shall be made in the form and manner and within the period
prescribed in rules of court.
(6) For the purpose of determining an appeal in terms of subsection (4) that relates to any cellular
telecommunication, private telecommunication or telecommunication service or system, the President of the
Administrative Court shall be assisted by two assessors having ability or experience in the field of
telecommunications law or technology.
(7) On an appeal in terms of subsection (4), the Administrative Court may confirm, vary or set aside the
decision or action appealed against and may make such order, whether as to costs or otherwise, as the court thinks
just.
97 Evidence in proceedings for recovery of fees due
In any legal proceedings for the recovery of any sum payable under this Act in respect of a postal article—
(a) the official stamp or mark thereon denoting the sum due shall be prima facie evidence that such sum is
due in respect of the postal article;
(b) the production of the postal article having thereon a post office stamp or mark denoting that delivery of
the postal article has been refused or that the person to whom it is addressed is dead or could not be
found shall be prima facie evidence of such fact;
(c) the person from whom the postal article purports to have come shall be deemed to be the sender thereof,
unless the contrary is proved.
98 Interception of communications
(1) A postal or telecommunication licensee or employee of such licensee in charge of a telegraph office shall
detain any telegram—
(a) which he suspects of containing anything that will afford evidence of the commission of a criminal
offence or which he suspects of being sent in order to further the concealment of the commission of a
criminal offence; or
(b) which he is requested by a commissioned police officer to detain on the ground that that police officer
suspects it of containing anything that will afford evidence of the commission of a criminal offence or
that he suspects it of being sent in order to further the concealment of the commission of a criminal
offence;
and, if so authorised by the Attorney-General, that licensee or employee in charge shall cause the telegram to be
handed over to such person as may be specified by the Attorney-General:
Provided that where, in the opinion of that licensee or employee in charge, by reason of the possibility of
injury to any person or property, urgency or other good cause, it is necessary that the telegram be delivered to a
police officer as soon as is possible, the employee in charge shall cause the telegram to be handed over to a police
officer and shall forthwith inform the Attorney-General in writing thereof.
(2) ….
[Subsection repealed by section 19 of Act 6 of 2005]
99 Regulatory powers of Minister
(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 operate the cellular
telecommunication, postal or telecommunication services carried on by the Corporation immediately
before the fixed date, as the case may be;
“telecommunication” includes cellular telecommunication.
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