Part II Licences for Postal Services

Enforcement orders

29 Effect of enforcement orders.

1

The licence holder to whom a final or provisional order relates shall have a duty to comply with it.

2

The duty shall be owed to any person who may be affected by a contravention of the order.

3

Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.

4

In any proceedings brought against a licence holder under subsection (3) it shall be a defence for the licence holder to show that he took all reasonable steps and exercised all due diligence to avoid contravening the order.

5

Compliance with a final or provisional order shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy.

6

Subsection (5) shall not prejudice any right that a person may have by virtue of subsection (3) to bring civil proceedings for contravention or apprehended contravention of a final or provisional order.