40 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 Attorney-General; 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. (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