63 (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 AttorneyGeneral in writing thereof. (2) …………32 32 This subsection, together with section 103, was declared invalid by the Supreme Court in Law Society of Zimbabwe v Minister of Transport and Communications and Attorney-General of Zimbabwe, SC 59/03, 3rd March, 2004. Formally repealed by section 19 of Act 6/2005.

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