1. RATIFICATION OF FINAL ACTS AND DECISIONS OF THE 1999 BEIJING CONGRESS – UNIVERSAL POSTAL UNION

2. BACKGROUND Universal Postal Union is a specialised Agency of the United Nations. It is an intergovernmental organization in which member countries having well-defined rights and obligations, co-operate for the fulfilment of the objectives of the Union. The Union was founded in 1874 to encourage collaboration and development within the international postal sector.

3. BACKGROUND CONT. South Africa has maintained an active involvement in the Universal Postal Union since our admission to the Union in 1994.

4. PLENIPOTENTIARY COUNCIL The Plenipotentiary Council is a permanent body of UPU and meets every five years ( a proposal has been made to decrease to 4 Years). It considers and adopts proposals for the amendments to the UPU Constitution put forward by member countries. It supervises UPU activities and studies regulatory, legal and legislative issues.

5. PLENIPOTENTIARY COUNCIL CONT. It ensures continuity of work between congresses. It deals with the operational, economic and commercial aspects of international postal services. The Plenipotentiary congress aims to assist postal administrations to modernize the postal services.

6. PLENIPOTENTIARY COUNCIL CONT. It also assists in the formulation of regulations and take advantage of technological development and financial services. South Africa, through the Department of Communications wishes to ratify the Final Acts and the Decisions taken during the 1999 Universal Postal Union (UPU) Plenipotentiary Congress held in Beijing.

7. AMENDMENTS TO CONSTITUTION OF THE UPU The plenipotentiaries of Governments of member countries of the UPU met in 1999 at Beijing Congress in view of Article 30, paragraph 2, of the Constitution of the UPU concluded in Vienna on 10 July 1964. The Congress has adopted subject to ratification the following amendments to the Constitution:

8. CONSTITUTION CONT. Article 22, which will ensure that the general regulations shall be binding on all member countries. Article 25 is also amended to provide for the people responsible for the signature, authentication, ratification and other forms of approval of the Acts by the Union

9. CONSTITUTION CONT. Article 27 gives member countries a right to accede to any additional protocol and to the other Acts of the Union at any time. Article 29 was also amended and it now gives member countries a right to present, either to congress or between congresses, proposals concerning the Acts of the Union.

10. GENERAL REGULATIONS OF UPU The General Regulations have been drawn to secure the application of the Constitution and the functioning of the Union. The Regulations of the Union further make provision for parties to have a right to vote: they must be member States of the Universal Postal Union.

11. GENERAL REGULATIONS CONT. For South Africa to have voting rights and to participate fully in the UPU activities in the next Universal Postal Union Congress, it must have ratified the Decision taken during 1999 Beijing Congress. The Acts and Decisions have been concluded and agreed upon by UPU member Countries for securing the application of the Constitution and the general functions of the Union.

12. BODIES THAT HAVE BEEN CONSULTED 1. Department of Justice Constitutional Development (Chief State Law Advisor) The State Law adviser has scrutinised the Final acts and Decision of the 1999 Beijing Congress with a view to possible conflict with domestic law They are of the opinion that there is no such conflict.

13. BODIES CONSULTED CONT. 2. Department of Foreign Affairs (Office of the Chief Law Advisor, International Law advised as follows: South Africa has signed both the Constitution and the Convention of the Universal Postal Union on 10 July 1964.

14. BODIES CONSULTED CONT. The 1999 Acts and Decisions regulates matters which were previously not catered for in the Constitution and Convention and serves to facilitate the organisation and improvement of postal services in an acceptable manner for the benefit of all member countries.

15. BODIES CONSULTED CONT. The additions and amendments are not in conflict with South Africa’s International obligations. The Regulations of the Union provide for parties who are members of UPU to have voting rights.

16. CONCLUSION In terms of Section 231 (2) of the constitution of the Republic of South Africa, parliament is requested to ratify the Final Acts and the decisions of the plenipotentiary conference.

17. THANK YOU