Democratic Alliance MP Vincent Gore confirmed on Thursday that he had sent a letter to President Thabo Mbeki requesting him not to sign the Postal Services Amendment Bill into law.
The DA’s Sandra Botha said in the debate in the National Council of Provinces on Wednesday on the Bill that if it was passed, her party would ask the president to refer the Bill back to Parliament.
The party — mirroring courier industry complaints — says that the Bill could affect the business of couriers in the under-1kg parcel and letter market. Government officials have argued that it only gives the South African Post Office a monopoly on delivered goods of that weight to postal addresses and post boxes.
Gore said in a statement that he had sent “an urgent petition” to Mbeki urging him not to sign the Bill into law. The Bill was approved by the National Council of Provinces on Wednesday. He said: “The president, though, has the authority to send the Bill back to Parliament if he has any doubt about the Bill’s constitutionality.”
Gore said in the letter there were “many questions that need to be answered around whether the postal services Bill passes the necessary constitutional requirements of deprivation of property rights”.
“It could be argued that many courier companies have a vested interest in terms of goodwill and the right to conduct business in a specific manner. The amendment Act — if implemented in its current form — may amount to an arbitrary
expropriation without compensation.
“In addition, various other constitutional rights worthy of protection exist, including the right to freedom of trade, profession and economic activity, the right to equality and equal protection under the law and fair administrative justice.”
Noting that there had been much attention given to this amendment Bill in the media recently, he said the industry was “legitimately concerned that if the amendment Bill is implemented in its current form, it will have an adverse affect on their businesses”.
“One unintended consequence would be the impact on black economic empowerment of entrepreneurs in this sector. The low levels of entry in terms of capital and skills levels make it an ideal industry for the development of black economic empowerment.” — I-Net Bridge