111 Transfer of employees to successor company and Authority and conditions of service of
transferred employees
(1) In this section
“excepted employee” means an employee of the Corporation referred to in subsection (3).
(2) With effect from the transfer date every person, other than an excepted employee, employed by the
Corporation immediately before that date shall be transferred to the service of the appropriate successor company
on terms not less favourable than those enjoyed by him immediately prior to his transfer.
(3) The Minister shall, as soon as practicable after the fixed date but not later than the transfer date,
determine who among the employees of the Corporation employed in the department known as the “frequency
management unit” are necessary for the performance of the functions of the Authority under this Act, and direct
the Corporation or appropriate successor company, as the case may be, to notify each such employee in writing
accordingly.
(4) Until such time as conditions of service are drawn up by the appropriate successor company and the
Authority, as the case may be
(a) the terms and conditions of service applicable to employees of the Corporation shall continue to apply to
every person transferred to the appropriate successor company as if every such person were still in the
service of the Corporation; and
(b) every excepted employee shall, with effect from the transfer date, be transferred on terms not less
favourable than those enjoyed by him immediately prior to his transfer.
112 Minister may give directions to Corporation
(1) Notwithstanding anything to the contrary in the Posts and Telecommunications Corporation Act
[Chapter 12:03], the Minister may give the Board of the Corporation directions in writing in order to ensure the
proper transfer of the assets and liabilities of the Corporation to the appropriate successor company, and the Board
shall without delay comply with every such direction.
(2) Without derogation from subsection (1), directions given under that subsection may provide for
(a) the cessation of all or any of the functions of the Corporation and any person;
(b) the termination of any contract entered into between the Corporation and any person:
Provided that no such direction shall authorise the Corporation to commit an unlawful breach of
any such contract;
(c) the production of any report and the provision of any information concerning the conduct of the
Corporation or the Board of the Corporation or anything done by or on behalf of the Corporation or the
Board of the Corporation;
(d) the custody of all philatelic archival materials produced by the Corporation.
113 Successor company deemed to be licensed
(1) Notwithstanding any other provision of this Act the appropriate successor company or any subsidiary
company formed by it for the purpose shall be deemed to be the holder of
(a) a postal licence issued in terms of this Act and authorising the company to operate the same postal
services that it operated immediately before the fixed date;
(b) a telecommunication licence issued in terms of this Act and authorising the company to provide and
operate the same telecommunication and radiocommunication services and systems that it provided and
operated immediately before the fixed date;
(c) a cellular telecommunication licence issued in terms of this Act and authorising the company to provide
and operate the same cellular telecommunication service and system operate that it provided and
operated immediately before the fixed date;
(d) a radio station licence issued in terms of this Act authorising the company to have in its possession or
under its control or work any radio station specified and defined in the First Schedule that it had in its
possession or under its control or worked immediately before the fixed date.
(2) The Authority shall without delay cause the relevant licences to be issued to the companies referred to in
subsection (1), and those licences may be renewed, amended, suspended or cancelled in all respects as if they had
been issued in terms of Part VI.
FIRST SCHEDULE (Sections 2, 33 and 99 (3)(l) and 113(1)(d))
CLASSIFICATION OF RADIO STATIONS
In this Schedule, “radio station” does not include a broadcasting station or a radio receiving station used
solely in connection with a broadcasting or diffusion service.
Aeronautical station
means a radio station used for the purpose of carrying on a
44