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105
Interpretation in Part XIII
In this Part⎯
“appropriate successor company” means the successor company or, where more than one
successor company is formed, the successor 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, or any company formed to undertake the purchase, manufacture, maintenance and
repair of equipment and apparatus used by any such company, as the case may be;
“securities”, in relation to the appropriate successor company, includes shares, debentures,
bonds and other securities of the successor company, whether or not constituting a
charge on the company’s assets;
“transfer date” means the date fixed by the Minister in terms of subsection (1) of section one
hundred and eight or, where two or more such dates are so fixed, the first such date.
106
Formation of successor companies and exclusive reservation of certain
postal and telecommunication services to the Corporation and the
appropriate successor company
(1) Subject to this section, the Minister shall, not later than six months after the fixed date,
take such steps as are necessary under the Companies Act [Chapter 24:03] to secure the
formation of one or more companies limited by shares, which shall be the successor company or
successor companies to the Corporation for the purposes of this Act.
(2) The provision of the following services shall be reserved exclusively to the Corporation
with effect from the fixed date, and to the appropriate successor company with effect from the
transfer date⎯
(a) the conveyance of letters whose mass is less than five hundred grams, other than such
letters as are conveyed by a commercial courier service:
Provided that the operator of a commercial courier service shall not charge less
than the prescribed rate for the conveyance of such letters by the Corporation or the
appropriate successor company;
and
(b) the issuance of money orders or postal orders for an amount in excess of or less than
that prescribed by the Minister; and
(c) any prescribed agency service, being a service that was provided by the Corporation
immediately before the fixed date on behalf of the State, the Post Office Savings Bank
referred to in section 3 of the People’s Own Savings Bank Act [Chapter 24:22], and
such other statutory body or Government department as may be prescribed.
(3) Any person other than the Corporation or the appropriate successor company who
provides any service reserved to the Corporation or the appropriate successor company in terms
of paragraph (a) or (b) of subsection (2) shall be guilty of an offence and liable to the forfeiture
of any proceeds accruing to him on account of the provision of the reserved service and to a fine
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