Tourism Bill (Act 3 of 2014)

CHAPTER 6 (extract of Chapter 6 of Tourism Bill (Act 3 of 2014) pertaining to Tourist Guides)NDT
TOURIST GUIDES

Definition

‘‘tourist guide’’ means any person registered as such under section 50 and who for reward accompanies any person who travels within or visits any place within the Republic and who furnishes such person with information or comments.

 


National Registrar of Tourist Guides
48.

  1. The Minister must appoint a suitably qualified officer in the Department as the National Registrar of Tourist Guides and publish his or her name in the Gazette.
  2. The National Registrar must—
    • (a) maintain a central database of all tourist guides registered by Provincial Registrars in terms of section 50;
    • (b) prepare a code of conduct and ethics for tourist guides in accordance with section 52;
    • (c) hear and determine appeals and review irregularities under section 56;
    • (d) monitor trends in the tourist guiding sector by conducting research and analysis;
    • (e) publish or otherwise disseminate information about tourist guides, associations of tourist guides and any other information to promote and develop the tourist guiding sector nationally; and
    • (f) liaise with the Board, the Council, Provincial Registrars, tourist guides,associations of tourist guides, education and training authorities, organs of
      state, the South African Police Service, provincial consumer affairs bodies and any other person or organisation to—
      (i) facilitate the growth and development of the tourist guiding sector;
      (ii) improve and maintain standards in the tourist guiding sector; and
      (iii) cooperate on matters of mutual interest in the tourist guiding sector.

Provincial Registrars of Tourist Guides
49
.

  1. The MEC in each province must appoint a suitably qualified officer in the province as the Provincial Registrar of Tourist Guides for that province and publish his
    or her name in the Provincial Gazette.
  2. A Provincial Registrar must—

    .

    • (a) for the purposes of section 50, keep a register of tourist guides within theprovince concerned and must—
      (i) record in the register the prescribed particulars with regard to each registered tourist guide;
      (ii) delete from the register the particulars of any tourist guide whose registration has been withdrawn;
      (iii) make the prescribed endorsement against the name of any tourist guide whose registration has been suspended; and
      (iv) inform the National Registrar of anything done in terms of subparagraphs (i), (ii) or (iii);
    • (b) publish or otherwise disseminate information about registered tourist guides
      within the province and associations of tourist guides and any other information to promote and develop the tourist guiding sector within the province;
    • (c) promote and develop the tourist guiding sector within the province in any manner other than as contemplated in paragraph (b);
    • (d) deal with complaints lodged under section 53;
    • (e) act in accordance with section 54 when a tourist guide becomes subject to any disqualification referred to in section 50(3);
    • (f) exercise disciplinary powers in accordance with section 55; and
    • (g) if he or she has reason to believe that any person, company or close corperation contravenes section 57, lay a charge with the South African Police Service

Procedure relating to registration of tourist guides
50.

(b) The application must be accompanied by the prescribed registration fee.

  1. (a) Any person who wishes to be registered as a tourist guide must apply to a Provincial Registrar in the prescribed manner.
  2. No person may be registered as a tourist guide in terms of this Act unless he or she shows proof of the competence contemplated in section 51.
  3. No person may be registered as a tourist guide in terms of this Act if he or she—
    • (a) has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and sentenced to imprisonment without the option of a fine or, in the case of fraud or any other offence involving dishonesty, to a fine or imprisonment or both;
    • (b) subject to subsection (4), has been convicted of an offence in a foreign country and sentenced to imprisonment without the option of a fine or, in the case of fraud or any other offence involving dishonesty, to a fine or imprisonment or both;
    • (c) loses his or her South African citizenship or right of permanent residence or work permit in the Republic;
    • (d) has failed to pass the prescribed quality assurance process that a tourist guide must complete not later than two years after the date of his or her last registration as a tourist guide
  4. An offence contemplated in subsection (3)(b) must constitute an offence under South African law.
  5. If the Provincial Registrar is satisfied that the applicant complies with the competence for registration as a tourist guide and that the applicant is not subject to any disqualification mentioned in subsection (3), he or she must register the applicant as a tourist guide.
  6. When the Provincial Registrar registers any person as a tourist guide, he or she must issue to that person a registration certificate and a badge, which must be in the prescribed form.
  7. Registration as a tourist guide is valid—
    • (a) for a period of three years, reckoned from the date of issue of the registration certificate; and
    • (b) in all the provinces of the Republic.
    • (a) Any person registered as a tourist guide may before the end of the period for which he or she has been registered, apply to the Provincial Registrar on the prescribed form for the renewal of his or her registration as a tourist guide in respect of the ensuing period of three years.
    • (b) If the person so applies for the renewal of his or her registration, his or her registration must upon payment of the prescribed fee be renewed, unless he or she has become subject to any disqualification referred to in subsection (3) since the previous registration or renewal of registration.
  8. If a tourist guide has since his or her registration acquired a competence contemplated in section 51 in a prescribed field of specialisation or an additional
    competence within a prescribed field of specialisation, the Provincial Registrar must, on the application of the tourist guide made in the prescribed manner, accompanied by the prescribed fee, issue to the tourist guide a new registration certificate reflecting that competence and also a new badge, which must be in the prescribed form.
  9. Subject to subsections (11) and (12), the Provincial Registrar may refuse to approve an application for registration as a tourist guide if the applicant’s registration was withdrawn on the grounds of misconduct in terms of section 55 at any time within a period of three years preceding the date of application.
  10. Before the Provincial Registrar refuses to approve an application for registration under subsection (10), he or she must, by notice sent by registered post or any other effective method, inform the applicant of the possible refusal and the reason therefor and call upon the applicant to submit such representations in connection therewith as he or she may wish to make, within a period specified in the notice, which, in any case, may not be fewer than 30 days from the date of the notice.
  11. Before the Provincial Registrar decides on an application under this section, he or she must consider the representations, if any, made by the applicant in accordance with subsection (11).

Competence
51.

  1. The competence referred to in section 50 must be determined by the South African Qualifications Authority in accordance with the national qualifications framework
    contemplated in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008).

Code of conduct and ethics
52.

  1. The National Registrar must in the prescribed manner, after consultation with the MEC, the Provincial Registrars and stakeholder groupings, prepare and publish a code of conduct and ethics with which every registered tourist guide must comply.
  2. The code of conduct and ethics must include provisions requiring a tourist guide—
    • (a) to take all reasonable steps to ensure the safety of a tourist whom the tourist guide is accompanying; and
    • (b) to render services which comply with any norms and standards determined under section 7

    .

Reporting of contraventions and lodging of complaints
53.

  1. (a) Any person may report a contravention of section 57(1), (2) or (3) with a Provincial Registrar.
    (b) The Provincial Registrar must, if the complaint discloses an offence, lay a charge with the South African Police Service.
    (c) In the case of a contravention of section 57(2), the Provincial Registrar must act in accordance with section 54.
  2. (a) Any person may lodge a complaint with a Provincial Registrar regarding the misconduct of a tourist guide.
    (b) The Provincial Registrar must, if the complaint discloses—
    (i) a contravention of this Act or any other law constituting an offence, lay a charge with the South African Police Service and act in accordance with section 54;
    (ii) misconduct not constituting an offence, including a contravention of the code of conduct and ethics contemplated in section 52, act in accordance with section 54.
  3. A Provincial Registrar concerned must within 14 days report to the National Registrar in writing the result of any case dealt with in terms of this section. Action by Provincial Registrar regarding disqualification of tourist guides

54.

  1. (a) If a Provincial Registrar has reason to believe that a tourist guide has become subject to any disqualification referred to in section 50(3), the Provincial Registrar must by notice, sent by registered post or any other effective method, inform the tourist guide of the allegation against him or her and call upon that tourist guide to submit such representations in connection therewith as he or she may wish to make.
    (b) The representations must be submitted to the Provincial Registrar within the period specified in the notice, which may not be fewer than 30 days from the date of the
    notice.
  2. The notice must direct the attention of the tourist guide to the possibility of his or her registration as a tourist guide being withdrawn.
  3. The tourist guide may present his or her case personally before the Provincial Registrar or through an adviser of his or her choice.
  4. If, after considering the allegations against the tourist guide and his or her representations, if any, the Provincial Registrar is satisfied that one or more of the
    disqualifications referred to in section 50(3) are applicable, the Provincial Registrar must withdraw the registration as a tourist guide.
  5. (a) The Provincial Registrar may, by the notice referred to in subsection (1), suspend, for a period not exceeding 30 days, the registration of the tourist guide
    concerned, pending the decision of the Provincial Registrar under subsection (4).
    (b) The Provincial Registrar must, before the decision to suspend the registration of the tourist guide is taken, afford the tourist guide an opportunity to make representations to show why the registration should not be suspended.
  6. Subsection (3) applies to any proceedings for the suspension of the registration of a tourist guide under subsection (5).
  7. If the registration of a tourist guide is suspended in terms of subsection (5), the Provincial Registrar must make the prescribed endorsement in the register of tourist
    guides referred to in section 49(2), against the name of the tourist guide.
  8. The Provincial Registrar must cause the names of any person whose registration has been withdrawn under this section to be published in the Gazette and in at least one newspaper that circulates in the province concerned.

Disciplinary measures
55.

  1. (a) A Provincial Registrar must institute an investigation or cause an investigation to be instituted if he or she has reason to believe that a tourist guide is
    guilty of misconduct by—
    (i) contravening a provision of this Act or any other law;
    (ii) contravening the code of conduct and ethics referred to in section 52; or
    (iii) failing to comply with any condition subject to which he or she has been registered.
  2. (a) A Provincial Registrar who institutes an investigation or causes an investigation to be instituted contemplated in subsection (1) must by notice, sent by registered post or any other effective method, inform the tourist guide of the charge against him or her.
    (b) The notice must call upon that tourist guide to submit such representations in connection with the charge as he or she may wish to make, within a period specified in the notice, which may not be fewer than 30 days from the date of the notice.
    (c) The notice must direct the attention of the tourist guide to the possible penalties referred to in subsection (4).
  3. The tourist guide may present his or her case personally before the Provincial Registrar or through an adviser of his or her choice.
  4. If, after considering the charge against the tourist guide and his or her representations, if any, the Provincial Registrar is satisfied that the tourist guide is guilty
    of the charge of which he or she is accused, the Provincial Registrar may—
    (a) issue a warning to the tourist guide;
    (b) impose the prescribed fine, which may not exceed R10 000, on the tourist guide; or
    (c) withdraw the registration as a tourist guide for such period, not exceeding five years, as the Provincial Registrar may determine.
  5. (a) The Provincial Registrar may, by notice contemplated in subsection (2)(a), suspend, for a period not exceeding 30 days, the registration of the tourist guide
    concerned, pending the decision of the Provincial Registrar under subsection (4).
    (b) The Provincial Registrar must, before the decision to suspend the registration of the tourist guide is taken, afford the tourist guide an opportunity to make representations to show why the registration should not be suspended.
  6. Subsection (3) applies to any proceedings for the suspension of the registration of a tourist guide under subsection (5).
  7. If the registration of a tourist guide is suspended in terms of subsection (5), the Provincial Registrar must make the prescribed endorsement in the register of tourist
    guides referred to in section 49(2), against the name of the tourist guide.

Appeals and reviews
56.

  1. Any person who is aggrieved by a decision of a Provincial Registrar may appeal against the decision in question to the National Registrar in the prescribed manner, within the prescribed period and upon payment of the prescribed fee.
  2. The appellant may argue his or her appeal personally before the National Registrar, or through an adviser of his or her choice.
  3. The National Registrar may confirm, set aside or amend the decision.
  4. The power to determine an appeal in terms of this section is not restricted to the merits of the decision appealed against, but includes the power to review any irregularity alleged regarding the decision.

Prohibitions
57.

  1. No person who is not a registered tourist guide or whose registration as a tourist guide has been suspended or withdrawn, may for reward, whether monetary or
    otherwise, act as a tourist guide.
  2. No person who has become subject to any disqualification referred to in section 50(3) may for reward, whether monetary or otherwise, act as a tourist guide.
  3. No person, company or close corporation may for the promotion of any business undertaking conducted by him, her or it, employ or continue to employ as a tourist guide any person who is not a registered tourist guide or whose registration as a tourist guide has been suspended or withdrawn or who has become subject to a disqualification contemplated in subsection (2).

Disputes
58.

  1. Any dispute or disagreement between the National Registrar and a Provincial Registrar concerning the performance of any of the functions contemplated in sections 49, 50, 52, 53, 54, 55 or 56 must—
    (a) be dealt with in accordance with the principles of cooperative government and intergovernmental relations referred to in section 41 of the Constitution of the
    Republic of South Africa, 1996, and the provisions of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005); and
    (b) whenever necessary, be settled in accordance with Chapter 4 of the Intergovernmental Relations Framework Act, 2005.