- Government
Gazette
14893
-
STATE
PRESIDENT'S
OFFICE
-
- No.
1112.
-
25
June
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
NO.
72
OF
1993:
TOURISM
ACT,
1993.
-
ACT
-
- To
make
provision
for
the
promotion
of
tourism
to
and
in
the
Republic;
the further
regulation
and
rationalization
of
the
tourism
industry;
measures
aimed
at
the
maintenance
and
enhancement
of
the
standards
of facilities
and
services
hired
out
or
made
available
to
tourists;
and
the
-
co-ordination
and
rationalization,
as
far
as
practicable,
of
the
activities of
persons
who
are
active
in
the
tourism
industry;
with
a
view
to
the
said matters
to
establish
a
board
with
legal
personality
which
shall
be
-
competent
and
obliged
to
exercise,
perform
and
carry
out
certain
powers,
functions
and
duties;
to
authorize
the
Minister
to
establish
a
grading
and
classification
scheme
in
respect
of
accommodation
establishments,
the membership
of
which
shall
be
voluntary;
to
authorize
the
Minister
to establish
schemes
for
prescribed
sectors
of
the
tourism
industry,
the membership
of
which
shall
be
voluntary;
to
make
provision
for
the registration
of
tourist
guides;
to
prohibit
any
person
to
act
for
gain
as
a tourist
guide
unless
he
has
been
registered
as
a
tourist
guide
in
terms
of the
Act;
to
authorize
the
Minister
to
make
regulations;
and
to
provide
for matters
connected
therewith.
-
- (Afrikaans
text
signed
by
the
State
President.)
(Assented
to
17
June
1993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Definitions
-
- 1.
In
this
Act,
unless
the
context
otherwise
indicates-
-
- (i) "accommodation
establishment"
means
any
place
in
or
upon
-
which
the
business
of
providing
accommodation
with
or
without meals
is
conducted
for
gain;
(iii)
-
- (ii) "board"
means
the
South
African
Tourism
Board
mentioned
in section
2;
(vii)
-
(iii) "committee"
means
a
committee
mentioned
in
section
9;
(v)
(iv) "financial
year"
means
the
period
from
1
April
in
any
year
-
to
31
March
in
the
ensuing
year;
(i)
-
- (v) "insignia",
in
relation
to
any
accommodation
establishment,
means
the
depictions,
signs
and
symbols
which
by
themselves
-
- or
in
conjunction
with
one
another,
and
together
with
the emblem
of
the
board,
indicate
the
grading
which
has
been awarded,
in
terms
of
the
scheme
mentioned
in
section
18,
in respect
of
the
establishment,
the
category
to
which
the
establishment
belongs
and
the
nature
of
the
services
and facilities
offered
and
provided
by
the
establishment,
and which
makes
known
the
fact
that
the
board
has
awarded
the grading;
(iv)
-
- (vi) "Minister"
means
the
Minister
for
Tourism;
(vi)
(vii) "prescribe"
means
prescribe
by
regulation;
(x)
-
(viii) "this
Act"
includes
any
regulation
made
under
section
26; (ii)
-
- (ix) "tourism
industry"
means
the
organized
industry
which
is concerned
with
the
promotion
and
handling
of
tours
to
and
in the
Republic,
and
the
provision
of
services
and
facilities
to and
the
provision
for
the
needs
of
persons
who
undertake
such tours,
in
the
preparation
for
such
tours,
while
they
are
-
under
way
and
during
their
stay
at
their
destinations;
(viii)
-
- (x) "tourist
guide"
means
any
person
who
for
reward,
whether
monetary
or
otherwise,
accompanies
any
person
who
travels
within
or
visits
any
place
within
the
Republic
and
who furnishes
such
person
with
information
or
comments
with regard
to
any
matter.
(ix)
-
- Establishment
of
South
African
Tourism
Board
-
- 2.
There
is
hereby
established
a
juristic
person
which
shall
be
known as
the
South
African
Tourism
Board.
-
- Object
of
board
-
- 3.
The
object
of
the
board
shall
be
to
promote
tourism
by
encouraging
persons
to
undertake
travels
to
and
in
the
Republic,
and
with
a
view
thereto
to
take
measures
in
order
to
attempt
to
ensure
that
services
which are
rendered
and
facilities
which
are
made
available
to
tourists
comply with
the
highest
attainable
standards.
-
- Constitution
of
board
-
- 4.
(1)
The
board
shall
consist
of
not
fewer
than
11
and
not
more
than
-
15
members,
who
shall
be
appointed
by
the
Minister
in
terms
of
subsection
-
(2).
-
- (2)
(a)
The
Minister
shall
appoint
as
members
of
the
board
not
fewer than
11
persons
who
in
his
opinion
are,
by
virtue
of
their
knowledge
of
and active
involvement
in
the
tourism
industry,
fit
to
serve
on
the
board,
and shall
appoint
as
a
member
of
the
board
the
Administrator
designated
in
-
terms
of
paragraph
(b),
to
represent
the
provinces
mentioned
in
the
-
Provincial
Government
Act,
1986
(Act
No.
69
of
1986),
on
the
board.
-
- (b)
The
Administrators
of
the
said
provinces
shall
designate
one
of their
number
in
order
to
be
appointed
in
terms
of
paragraph
(a).
-
- (c)
The
Minister
shall,
before
he
appoints
a
member
of
the
board
(except
the
member
referred
to
in
paragraph
(b)),
by
notice
in
the
Gazette invite
all
interested
persons
to
submit
to
him,
within
the
period
mentioned in
the
notice,
the
names
of
persons
who
in
the
opinion
of
such
interested
persons
are
fit
to
be
so
appointed,
stating
the
grounds
upon
which
such opinion
is
based.
-
- (3)
The
Minister
shall
appoint
one
member
of
the
board
as
chairman
and another
member
as
vice-chairman
of
the
board.
-
- (4)
If
the
chairman
is
for
any
reason
unable
to
act
as
chairman
the
vice-chairman
shall
perform
the
functions
of
the
chairman.
-
- Persons
who
are
disqualified
from
being
members
of
board
-
- 5.
No
person
shall
be
appointed
as
a
member
of
the
board- (a)
if
he
is
an
unrehabilitated
insolvent;
(b)
if
he
was
at
any
time,
within
the
Republic
or
elsewhere,
convicted of
an
offence
and
was
sentenced
to
imprisonment
without
the
option of
a
fine;
-
- (c)
if
he
is
not
a
South
African
citizen
and
is
not
permanently
resident within
the
Republic.
-
- Vacation
of
office
by
members
of
board
-
- 6.
(1)
A
member
of
the
board
shall
vacate
his
office
if-
-
- (a)
any
of
the
circumstances
which
preclude
his
appointment
to
the board
becomes
applicable
to
him;
-
- (b)
he
fails
to
comply
with
a
condition
of
his
appointment;
-
- (c)
he
is
absent
from
three
consecutive
meetings
of
the
board,
without the
consent
of
the
chairman;
-
- (d)
he
submits
his
resignation
in
writing
to
the
Minister.
-
- (2)
The
Minister
may
at
any
time
terminate
the
membership
of
a
member
-
of
the
board
if
there
are
in
the
opinion
of
the
Minister
sufficient
reasons
-
for
doing
so.
-
- Period
of
office
of
members
of
board,
and
filling
of
vacancies
-
- 7.
(1)
Any
member
of
the
board
shall,
subject
to
the
provisions
of section
6,
hold
office
for
such
period,
but
not
exceeding
three
years,
as the
Minister
may
determine
at
the
time
of
his
appointment.
-
- (2)
If
for
any
reason
the
office
of
a
member
of
the
board
becomes
-
vacant
the
Minister
may
appoint
any
person
as
a
member
of
the
board
for
the
-
unexpired
portion
of
the
period
of
office
concerned.
-
- (3)
Any
person
whose
period
of
office
has
expired
shall
be
eligible
for
reappointment.
-
- Meetings
and
decisions
of
board
-
- 8.
(1)
The
first
meeting
of
the
board
shall
be
held
at
a
time
and
place determined
by
the
chairman,
and
thereupon
the
board
shall
meet
at
such
-
times
and
places
as
may
be
determined
by
the
board
from
time
to
time,
but the
board
shall
meet
at
least
twice
in
a
year.
-
- (2)
The
chairman
may
at
any
time
either
of
his
own
volition
or
at
the written
request
of
not
fewer
than
five
members
of
the
board
convene
an extraordinary
meeting
of
the
board
which
shall
be
held
at
the
time
and place
determined
by
the
chairman.
-
- (3)
A
notice
whereby
an
extraordinary
meeting
of
the
board
is
convened shall
state
the
purpose
of
that
meeting.
-
- (4)
The
quorum
for
a
meeting
of
the
board
shall
be
a
majority
of
all its
members.
-
- (5)
If
both
the
chairman
and
the
vice-chairman
are
absent
from
a meeting
of
the
board,
the
members
present
shall
elect
one
of
their
number to
preside
at
that
meeting.
-
- (6)
The
person
who
presides
at
a
meeting
of
the
board
shall
determine
the procedure
to
be
followed
at
that
meeting.
-
- (7)
The
decision
of
a
majority
of
the
members
present
at
a
meeting
of the
board
shall
constitute
a
decision
of
the
board,
and
in
the
event
of
an equality
of
votes
on
any
matter,
the
person
presiding
at
the
meeting
shall in
addition
to
his
deliberative
vote
have
a
casting
vote.
-
(8)
No
decision
taken
by
or
act
performed
on
the
authority
of
the
board shall
be
invalid
merely
because
of
a
casual
vacancy
on
the
board
or
because any
person
who
was
not
entitled
to
sit
as
a
member
of
the
board,
sat
as
-
such
a
member
at
the
time
when
the
decision
was
taken
or
the
act
was authorized,
provided
the
decision
was
taken
or
the
act
was
authorized
by
a majority
of
the
members
of
the
board
who
were
then
present
and
were
entitled
to
sit
as
members.
-
- Committees
of
board
-
- 9.
(1)
The
board
may,
with
the
approval
of
the
Minister,
establish
such committees
as
it
may
deem
necessary
for
the
exercise
of
its
powers,
the performance
of
its
functions
and
the
carrying
out
of
its
duties.
-
- (2)
A
committee
of
the
board
shall
consist
of
such
number
of
members
as may
be
determined
by
the
board.
-
- (3)
A
committee
shall
consist
of
members
of
the
board,
or
of
members
of the
board
as
well
as
other
persons.
-
- (4)
The
board
may
at
any
time
dissolve
a
committee.
Delegation
of
powers,
functions
and
duties
-
10.
(1)
The
board
may
delegate
to
any
committee
or,
with
the
-
concurrence
of
the
Minister,
and
subject
to
such
conditions
and
limitations
-
as
he
may
determine,
an
employee
of
the
board,
any
power,
function
or
duty assigned
to
or
conferred
or
imposed
upon
the
board
in
terms
of
this
Act.
-
- (2)
The
delegation
of
a
power,
function
or
duty
under
subsection
(1) shall
not
preclude
the
exercise
of
that
power,
the
performance
of
that function
or
the
carrying
out
of
that
duty
by
the
board.
-
- Remuneration
of
members
of
board
or
committees
-
- 11.
A
member
of
the
board
or
any
committee
shall
be
paid
out
of
the funds
of
the
board
such
remuneration
and
allowances
as
may
be
determined
by the
Minister
with
the
concurrence
of
the
Minister
of
State
Expenditure.
-
- Remuneration
and
other
service
benefits
of
employees
of board
-
- 12.
The
board
may
pay
or
render
available
to
persons
in
its
employment
such
remuneration,
allowances,
bonuses,
subsidies
and
pension
and
other service
benefits
as
may
be
determined
by
the
board
with
the
approval
of
the Minister
granted
with
the
concurrence
of
the
Minister
of
State
Expenditure.
-
- Powers
of board
-
13.
The
board
may
in
order
to
achieve
its
object
mentioned
in
section
3- (a)
with
the
approval
of
the
Minister
hire,
purchase
or
acquire
-
immovable
property,
and
hire
out,
sell
or
otherwise
dispose
of
-
immovable
property
of
the
board;
-
- (b)
negotiate
or
co-operate
with
any
government,
provincial
administration
or
local
government,
the
Board
for
Public
Resorts
referred to
in
section
1
of
the
Extension
of
the
Public
Resorts
Ordinance Act
(Transvaal)
(House
of
Assembly),
1990
(Act
No.
105
of
-
1990),
any
other
board
established
in
terms
of
any
law,
or
any
other board
or
person,
in
the
Republic
or
elsewhere,
with
regard
to
any matter
which
is
directly
or
indirectly
aimed
at
the
achievement
of the
object
of
the
board;
-
- (c)
with
the
approval
of
the
Minister,
which
may
be
granted
either
in respect
of
a
particular
case
or
generally,
enter
into
agreements
with a
similar
body,
within
the
Republic
or
elsewhere,
for
the
-
promotion
of
tourism
in
the
respective
areas
for
which
the
board
and that
body
have
been
established;
-
- (d)
open
and
conduct
offices,
in
the
Republic
or
elsewhere,
which
may
be
necessary
or
advisable
for
the
effective
and
proper
exercise
of
its
powers,
the
performance
of
its
functions
and
the
carrying
out
of
its
duties;
-
- (e)
with
the
approval
of
the
Minister,
granted
with
the
concurrence
of the
Minister
of
Finance,
borrow
money
from
a
money-lender,
in
the Republic
or
elsewhere;
-
- (f)
insure
itself
against
any
loss,
damage
or
risk
which
it
may
suffer or
incur;
-
- (g)
open
and
conduct
banking
accounts;
-
- (h)
draw
up,
make,
publish
and
sell
or
make
available
free
of
charge, books,
guides,
maps,
publications,
photographs,
films,
videos
and similar
matter,
intended
to
inform
persons,
in
the
Republic
or elsewhere,
of
attractions
in
the
Republic;
-
- (i)
gather,
evaluate
and
process
information
relating
to
tourism
in
the Republic,
and
make
it
available
to
persons
who
are
engaged
in
the tourism
industry;
-
- (j)
give
advice
and
guidance
to
all
persons
who
are
engaged
in
the tourism
industry;
-
- (k)
with
a
view
to
the
effective
marketing
of
and
the
provision
of information
relating
to
any
service,
facility
or
product
offered
in connection
with
tourism,
determine
such
informative
and
distinguishing
signs
as
the
board
may
deem
fit,
and
may
make
such signs
known
by
means
of
any
of
the
publicity
material
referred
to
in paragraph
(h);
-
- (l)
promote
the
establishment
of
advisory
committees
on
a
national,
regional or
local
level
and
promote
and
rationalize
the
activities
of such
committees
as
well
as
those
of
other
persons
and
associations
concerned
in
the
tourism
industry;
-
- (m)
employ
persons
who
are
necessary
for
the
exercise
of
the
powers,
-
the
performance
of
the
functions
and
the
carrying
out
of
the
duties
-
of
the
board;
-
- (n)
negotiate
and
co-operate
with
any
educational
institution
with
a view
to
the
institution,
continuation
or
expansion
of
courses
for the
training
of
persons
so
as
to
equip
them
for
the
performance
of any
work
with
regard
to
the
tourism
industry;
-
- (o)
make
provision
for
the
payment
of
pecuniary
benefits
to
employees
-
and
former
employees
of
the
board
and
to
the
dependants
of
employees
-
and
former
employees
of
the
board
in
the
case
of
the
death
or
injury
-
of
such
employees
which
occurs
or
occurred
while
they
perform
or
-
performed
their
work
as
employees
of
the
board;
-
- (p)
perform
any
act
which
may
contribute
towards
the
achievement
of
the object
of
the
board.
-
- Accountability
-
- 14.
(1)
The
chairman
of
the
board
shall
be
the
accounting
officer
of
-
the
board
and
he
shall
be
charged
with
the
accountability
in
respect
of
all
-
moneys
received,
and
all
payments
made,
by
the
board.
-
- (2)
The
accounting
officer
shall-
-
- (a)
keep
full
and
correct
record
of
all
money
received
or
spent
by
the board,
and
of
the
assets,
liabilities
and
financial
transactions
of the
board;
-
- (b)
as
soon
as
possible,
but
not
more
than
three
months
after
the
end of
the
financial
year
of
the
board,
draw
up
annual
financial
statements,
which
shall,
with
appropriate
details,
show
money
received by
the
board
and
expenditure
incurred
by
the
board
and
its assets
and
liabilities
at
the
end
of
the
financial
year
concerned.
-
- (3)
The
records
and
annual
financial
statements
mentioned
in
subsection
-
(2),
shall
be
audited
by
the
Auditor-General.
-
- Annual
report
-
- 15.
The
board
shall
once
in
every
year
submit
to
the
Minister
a
report on
its
affairs
and
activities
during
the
preceding
financial
year.
-
- Funds
of
board
-
- 16.
(1)
The
funds
of
the
board
shall
consist
of-
-
- (a)
money
appropriated
by
Parliament
for
the
purpose;
-
- (b)
income
derived
in
terms
of
the
provisions
of
this
Act;
-
(c)
donations
or
contributions
received
by
the
board
from
any
source. (2)
Subject
to
the
provisions
of
subsection
(4)
the
board
shall
use
its
-
funds
to
defray
expenditure
incurred
in
connection
with
the
exercise
of
its powers,
the
performance
of
its
functions
and
the
carrying
out
of
its
duties in
accordance
with
the
appropriate
statement
of
its
estimated
income
and expenditure
mentioned
in
subsection
(3),
as
approved
by
the
Minister:
Provided
that
the
board-
-
- (a)
may
use
any
amount
or
part
of
an
amount
which
is
in
accordance
with such
statement
required
to
be
used
in
connection
with
a
particular
matter, for
any
other
purpose
in
connection
with
the
performance
of its
functions;
-
- (b)
shall
notwithstanding
the
provisions
of
paragraph
(a)
use
donations and
contributions
contemplated
in
subsection
(1)(c)
in
accordance
with the
conditions,
if
any,
imposed
by
the
donor
or
contributor.
-
- (3)
(a)
The
board-
-
(i) shall
in
every
financial
year
before
or
on
the
date
-
determined
by
the
Minister,
either
generally
or
in
respect
of a
particular
financial
year,
submit
a
statement
of
its estimated
income
and
expenditure
during
the
ensuing
financial
year;
and
-
- (ii) shall
in
respect
of
additional
expenses
in
connection
with its
functions
in
any
financial
year,
submit
a
supplementary
statement
of
its
estimated
expenses
in
respect
of
that
financial
year,
-
- to
the
Minister
for
his
approval,
granted
with
the
concurrence
of the
Minister
of
State
Expenditure.
-
- (b)
The
board
shall
not
incur
any
expenditure
which
may
cause
the
total amount
approved
under
paragraph
(a)
to
be
exceeded.
-
- (4)
The
board
may
invest
with
the
Corporation
for
Public
Deposits
established
by
section
2
of
the
Corporation
for
Public
Deposits
Act,
1984 (Act
No.
46
of
1984),
or
in
any
other
manner
determined
by
the
Minister
with the
concurrence
of
the
Minister
of
Finance,
any
unexpended
portion
of its
funds.
-
- Submission
of
balance
sheet,
statement
of
income
and
statement
of
source
-
- and
application
of
funds
of
board
-
- 17.
The
board
shall
as
soon
as
possible
after
the
end
of
a
financial
year after
completion
of
the
annual
audit
submit
the
following
to
the Minister,
namely-
-
- (a)
an
audited
balance
sheet;
-
- (b)
an
audited
statement
of
income;
-
(c)
an
audited
statement
of
the
source
and
application
of
its
funds. Minister
may
establish
grading
and
classification
scheme
in
respect
of
-
accommodation
establishments
-
- 18.
(1)
The
Minister
may
upon
the
recommendation
of
the
board,
with
a view
to
the
maintenance
or
enhancement
of
the
standards
and
the
quality
of facilities
and
services
rendered
or
made
available
by
persons
conducting
accommodation
establishments,
establish
a
grading
and
classification
scheme in
respect
of
accommodation
establishments.
-
- (2)
The
Minister
may
for
the
purposes
of
the
application
of
a
scheme apply
any
basis
of
differentiation
which
he
may
deem
fit,
and
may
classify
accommodation
establishments
into
different
classes
on
the
ground
of,
inter alia,
the
nature
extent,
variety,
availability
and
quality
of
the
-
facilities
and
services
rendered
or
made
available
by
such
establishments.
-
- (3)
The
Minister
may,
if
it
is
in
his
view
necessary
for
the
proper conduct
or
continuation
of
an
effective
grading
and
classification
scheme, or
to
keep
abreast
with
developments
in
the
tourism
industry,
from
time
to time
amend
the
provisions
of
such
a
scheme.
-
- (4)
The
acquisition,
continuation
and
termination
of
membership
of
a scheme
shall
be
governed
by
the
provisions
of
the
scheme.
-
- (5)
The
board
shall
in
respect
of
any
accommodation
establishment
classified
and
graded
in
terms
of
a
scheme
referred
to
in
subsection
(1) grant
authority
to
the
person
conducting
the
establishment
to
use
and display
in
respect
of
that
establishment
the
prescribed
insignia,
which shall
include
a
depiction
or
depictions
of
a
star
or
a
number
of
stars which
indicate
the
grading
awarded
in
respect
of
that
establishment
in terms
of
the
scheme.
-
- (6)
The
board
shall
keep
a
record
of
all
persons
conducting
accommodation
establishments
and
who
are
members
of
a
grading
and
classification
scheme,
and
of
all
establishments
graded
and
classified
in terms
of
such
a
scheme.
-
- Minister
may
establish
schemes
in
respect
of
certain
prescribed
sectors
of tourism
industry
-
- 19.
(1)
The
Minister
may
in
respect
of
any
prescribed
sector
of
the tourism
industry,
other
than
accommodation
establishments,
on
the
recommendation
of
the
board
and
after
consultation
with
persons
who
are active
in
such
sector,
establish
schemes
with
a
view
to
the
maintenance
or enhancement
of
the
standards
of
services
or
facilities
rendered
or
made available
by
persons
who
are
active
in
that
sector.
-
- (2)
The
provisions
of
section
18(2),
(3)
and
(4)
shall
mutatis
mutandis apply
in
respect
of
services
and
facilities
comprising
the
sector
referred to
in
subsection
(1).
-
- (3)
If
the
Minister
intends
to
establish
a
scheme
in
terms
of subsection
(2)
for
any
sector
which
involves
the
functions
assigned
to another
Minister
in
terms
of
any
law,
he
shall
establish
such
scheme
with the
concurrence
of
such
other
Minister.
-
- Registration
of
tourist
guides,
classes
of
tourist
guides,
and
disqualifications
and
qualifications
of
tourist
guides
-
- 20.
(1)
The
board
shall
designate
an
employee
of
the
board
as
Registrar of
Tourist
Guides,
who
shall
exercise
such
powers,
perform
such
functions
and carry
out
such
duties
as
may
be
conferred
upon,
assigned
to
or
imposed upon
him
in
terms
of
this
Act.
-
- (2)
The
registrar
shall
keep
a
register
of
tourist
guides
and
shall record
in
such
register
the
prescribed
particulars
with
regard
to
tourist guides.
-
- (3)
The
board
shall
for
the
purposes
of
this
Act
determine
the
different
classes
of
tourist
guides.
-
- (4)
No
person
shall
be
registered
as
a
tourist
guide
in
terms
of
this Act
unless
he,
when
he
appears
as
required
by
section
21
(3),
shows
that
he has
the
requisite
knowledge
of
the
matters
specified
in
subsection
(5).
-
- (5)
The
knowledge
contemplated
in
subsection
(4)
shall
relate
to
the history,
geography,
fauna,
flora,
climate,
availability
of
medical
and emergency
services,
background
and
culture
of
the
different
peoples,
infrastructure
of
the
tourism
industry
and
the
economic
circumstances
in and
of
the
geographical
area
in
question.
-
- (6)
In
order
to
be
registered
as
a
specialist
tourist
guide
in
respect of
any
area
or
matter
the
person
applying
for
such
registration
shall
possess
specialized
knowledge,
to
the
satisfaction
of
the
registrar,
of
the area
or
matter
to
which
the
application
relates.
-
- Procedure
relating
to
registration
of
tourist
guides
-
21.
(1)
Any
person
who
wishes
to
be
registered
as
a
tourist
guide
shall in
the
prescribed
manner
apply
to
the
registrar,
and
such
application
shall be
accompanied
by
the
prescribed
registration
fee.
-
- (2)
Upon
receipt
of
such
an
application
and
the
registration
fee
the registrar
may
request
the
applicant
to
furnish
such
additional
particulars
and information
as
he
may
deem
necessary
in
order
to
consider
the application
properly.
-
- (3)
An
applicant
referred
to
in
subsection
(1)
shall
upon
the
request of
the
registrar
appear
before
him
in
person
and
shall
furnish
such
additional
particulars
and
information
as
may
be
required
by
the
registrar in
order
to
enable
the
registrar
to
decide
whether
the
application
should be
granted.
-
- (4)
If
the
registrar
after
he
has
considered
the
information
and particulars
contemplated
in
subsections
(2)
and
(3)
is
satisfied
that
the
-
- applicant
complies
with
the
prescribed
requirements
for
registration
as
a tourist
guide
falling
within
any
class
determined
under
this
Act,
he
shall register
the
applicant
as
a
tourist
guide.
-
- (5)
When
the
registrar
registers
any
person
as
a
tourist
guide,
he shall
issue
to
him
a
registration
certificate
and
a
badge,
which
shall
be in
the
prescribed
form.
-
- (6)
(a)
A
registration
as
tourist
guide
shall
be
valid
for
a
period
of one
year,
reckoned
from
the
date
of
issue
of
the
registration
certificate.
-
- (b)
Any
person
registered
as
a
tourist
guide
shall
before
the
end
of the
period
for
which
he
has
been
registered,
indicate
to
the
registrar
whether
he
wishes
to
be
registered
as
a
tourist
guide
in
respect
of
the next
ensuing
period
of
one
year,
and
if
he
indicates
that
he
wishes
to
be so
registered
he
shall
upon
the
payment
of
the
prescribed
fee
be reregistered.
-
- (7)
(a)
If
a
tourist
guide
has
in
the
opinion
of
the
registrar
failed to
comply
with
any
condition
subject
to
which
he
has
been
thus
registered,
or if
in
the
opinion
of
the
registrar
it
is
not
in
the
public
interest
that a
tourist
guide
should
continue
to
be
so
registered,
the
registrar
may
by notice
sent
by
registered
post,
direct
that
tourist
guide
to
advance
within a
period
specified
in
the
notice,
of
not
fewer
than
30
days
from
the
date
-
of
the
notice,
reasons
why
his
registration
as
a
tourist
guide
should
not
-
be
withdrawn.
-
- (b)
The
registrar
may
by
notice
sent
by
registered
post
suspend
the registration
as
such
of
the
tourist
guide
concerned,
pending
the
decision of
the
registrar
under
paragraph
(a).
-
- (8)
(a)
Any
person
who
considers
himself
aggrieved
by
any
decision
or action
of
the
registrar
may
appeal
to
the
board
against
the
decision
or action
in
question,
and
the
board
may
confirm,
set
aside
or
amend
the decision
or
action.
-
- (9)
(a)
No
person
who
has
not
been
registered
as
a
tourist
guide
or whose
registration
as
a
tourist
guide
has
been
suspended
shall
for
reward, whether
monetary
or
otherwise,
act
as
a
tourist
guide.
-
- (b)
A
person
who
has
been
registered
as
a
tourist
guide
in
respect
of
a particular
class
referred
to
in
subsection
(4)
may
act
as
a
tourist
guide only
in
respect
of
the
area
or
matters
determined
in
respect
of
that
class, as
have
been
set
out
in
the
registration
certificate
issued
to
that
person.
-
- (10)
No
person
may
for
the
promotion
of
any
business
undertaking
conducted
by
him
employ
or
continue
to
employ
as
a
tourist
guide
any
person who
has
not
been
registered
as
a
tourist
guide
under
subsection
(5),
or
who has
been
so
registered
but
whose
registration
as
such
has
been
suspended
under subsection
(6)
(b)
-
- Duty
of
seller
of
travelling
facilities
to
destinations
in
foreign
countries
-
- 22.
Any
person
who
in
the
course
of
his
business
sells
facilities
for
a journey
to
any
destination
in
a
foreign
country
shall
when
selling
such facilities
offer
in
the
manner
prescribed
to
the
buyer
thereof
his
assistance
in
order
to
enable
such
buyer
to
obtain
insurance
which
would
be
-
- sufficient
to
enable
the
buyer
to
obtain
alternative
travelling
facilities
for his
return
journey
to
the
Republic
in
any
case
where
the
person
who
in terms
of
the
agreement
in
question
is
obliged
to
provide
such
facilities
should
fail
or
should
for
any
reason
be
unable
to
do
so.
-
- Declaration
of
interests
-
- 23.
When
the
board
or
any
committee
considers
any
matter
in
which
a member
thereof
or
the
spouse
of
a
member
has
a
pecuniary
interest,
that member
shall
disclose
the
nature,
extent
and
particulars
of
that
interest to
the
board
or
committee,
as
the
case
may
be,
and
if
such
interest
is
a direct
financial
interest,
such
member
shall
not
take
part
in
the discussions
of
the
board
or
the
committee
concerned
which
take
place
while that
matter
is
being
considered
by
the
board
or
the
committee.
-
- Transitional
provisions
-
- 24.
(1)
Anything
done
by
the
South
African
Tourism
Board
established
by section
2
of
the
South
African
Tourism
Board
Act,
1983
(Act
No.
100
of
-
1983)
-
in
this
section
referred
to
as
the
Tourism
Board-in
terms
of
the South
African
Tourist
Corporation
Act,
1947
(Act
No.
54
of
1947),
the Hotels
Act,
1965
(Act
No.
70
of
1965),
the
Tour
Guides
Act,
1978
(Act
No.
-
29
of
1978),
or
the
South
African
Tourism
Board
Act,
1983,
and
which
could have
been
done
by
the
board
in
terms
of
any
provision
of
this
Act,
shall
be deemed
to
have
been
done
by
the
board
in
terms
of
the
last-mentioned
provision.
-
- (2)
All
assets,
rights,
obligations
and
liabilities
of
the
Tourism
-
Board
are
hereby
transferred
to
the
board.
-
- (3)
Money
in
the
Travel
Agents
Fidelity
Fund
established
by
section
30 of
the
Travel
Agents
and
Travel
Agencies
Act,
1983
(Act
No.
58
of
1983), shall
at
the
commencement
of
this
Act
be
paid
over
to
the
board,
which shall
deal
therewith
in
accordance
with
subsection
(4),
and
all
other
assets,
rights,
liabilities
and
obligations
of
the
Travel
Agents
Board
established
by
section
2
of
the
first-mentioned
Act,
shall
at
such
commencement
pass
to
the
board.
-
- (4)
The
board
shall
with
due
regard
to
the
liabilities
and
obligations
which passed
to
it
in
terms
of
subsection
(3),
and
after
it
has
made
provision
for
the
satisfaction
of
any
liability
which
may
rest
upon
it
in consequence
of
such
passing,
pay
over
the
remainder
of
the
money
which passed
to
it
in
terms
of
this
section
to
the
persons
who
made
contributions
to the
fund
OF
shall
as
far
as
practicable
apply
it
to
their
benefit.
-
- (5)
No
levy,
tax,
transfer
duty,
stamp
duty
or
any
other
money
imposed or
levied
in
terms
of
any
law
in
respect
of
the
acquisition
by
the
board
of any
assets,
rights,
liabilities
or
obligations
shall
be
payable
in
terms
of this
section.
-
- Power
of
board
to
inspect
any
accommodation
establishment
if
requested
to do
so
-
- 25.
The
board
may
at
the
request
of
any
person
who
conducts
or
intends to
conduct
any
accommodation
establishment
and
upon
payment
of
the
prescribed
fee
inspect
any
accommodation
establishment
and
may
issue
a document
in
the
prescribed
form
stating
that
such
establishment
would
have complied
with
any
relevant
provisions
of
a
scheme
referred
to
in
section
-
- 18(1)
had
such
establishment
been
evaluated
with
reference
to
such
provisions.
-
- Regulations
-
- 26.
The
Minister
may
after
consultation
with
the
board
make
regulations
in respect
of
any
matter
which
may
be
dealt
with
by
the
Minister
in
terms
-
of
this
Act,
and
in
respect
of
anything
which
in
his
opinion
may
be conducive
to
the
effective
application
of
the
provisions
of
this
Act.
-
- Promotion
of
legislation
relating
to
tourism
industry
-
- 27.
The
Minister
may
upon
the
recommendation
of
the
board
promote
legislation
which
is
aimed
at
the
promotion
of
the
standard
of
any
matter relating
to
the
tourism
industry,
including
transport
and
travelling
services,
restaurants
and
other
similar
services
and
facilities
provided
or rendered
available
in
the
Republic.
-
- Offences
and
penalties
-
- 28.
Any
person
who-
-
- (a)
professes
to
be
a
member
of
a
grading
and
classification
scheme referred
to
in
section
18,
or
of
a
scheme
referred
to
in
section
19, while
he
is
not
such
a
member;
-
- (b)
uses
in
relation
to
any
accommodation
establishment
conducted
by him
any
depiction
or
depictions
of
a
star
or
stars,
unless
he
is
a member
of
a
scheme
referred
to
in
paragraph
(a);
-
- (c)
uses
in
relation
to
any
accommodation
establishment
conducted
by him
an
insignia
depicting
a
number
of
stars
which
is
greater
than
-
the
number
which
he
is
authorized
to
depict
in
terms
of
such
scheme; (d)
contravenes
section
21(9)(a)
or
(10);
-
(e)
fails
to
render
his
assistance
as
required
by
section
22
to
a
buyer
-
referred
to
in
that
section,
-
- shall
be
guilty
of
an
offence
and
liable
on
conviction
to
a
fine
or
to imprisonment
for
a
period
not
exceeding
six
months.
-
- Repeal
of
laws
-
29.
Subject
to
the
provisions
of
section
24
the
laws
mentioned
in
the -
Schedule
are
hereby
repealed.
-
- Short
title
and
commencement
-
- 30.
This
Act
shall
be
called
the
Tourism
Act,
1993,
and
shall
come
into operation
on
a
date
fixed
by
the
State
President
by
proclamation
in
the Gazette.
-
Schedule
-
LAWS
REPEALED
|
No.
and
of law |
year |
|
Title |
|
- Extent
of repeal
|
- Act
|
- No.
|
- 54
|
- of
|
- 1947
|
- South
African
Tourist
|
- Corporation
|
- The
|
- whole
|
|
|
|
|
|
|
Act,
1947 |
|
|
|
|
Act |
No. |
24 |
of |
1951 |
South
African
Tourist |
Corporation |
- The
|
whole |
|
|
|
|
|
|
Amendment
Act,
1951 |
|
|
|
|
Act |
No. |
36 |
of |
1952 |
- South
African
Tourist
-
Amendment
Act,
1952
|
Corporation |
- The
|
whole |
|
Act |
No. |
40 |
of |
1960 |
South
African
Tourist |
Corporation |
- The
|
whole |
|
|
|
|
|
|
Amendment
Act,
1960 |
|
|
|
- Act
No.
93
of
1963 General
Law
Further
Amendment
Act, Sections
-
1963 4,
5,
6,
7,
8
and
9
-
- Act
No.
39
of
1964 South
African
Tourist
Corporation The
whole
-
Amendment
Act,
1964
-
- Act
No.
70
of
1965 Hotels
Act,
1965 The
whole
-
- Act
No.
70
of
1968 General
Law
Amendment
Act,
1968 Section
33
-
- Act
No.
101
of
1969 General
Law
Amendment
Act,
1969 Section
25
-
- Act
No.
17
of
1970 General
Law
Amendment
Act,
1970 Section
6
-
- Act
No.
57
of
1975 General
Law
Amendment
Act,
1975 Section
30
-
- Act
No.
59
of
1977 South
African
Tourist
Corporation The
whole
-
Amendment
Act,
1977
|
Act |
No. |
71 |
of |
1977 |
Hotels
Amendment
Act, |
1977 |
- The
|
whole |
|
Act |
No. |
29 |
of |
1978 |
Tour
Guides
Act,
1978 |
|
- The
|
whole |
|
Act |
No. |
38 |
of |
1979 |
Hotels
Amendment
Act, |
1979 |
- The
|
whole |
|
Act |
No. |
26 |
of |
1980 |
- South
African
Tourist
-
Amendment
Act,
1980
|
Corporation |
- The
|
whole |
|
Act |
No. |
32 |
of |
1982 |
Hotels
Amendment
Act, |
1982 |
- The
|
whole |
- Act
No.
58
of
1983 Travel
Agents
and
Travel
Agencies The
whole
-
Act,
1983
-
- Act
No.
100
of
1983 South
African
Tourism
Board
Act, The
whole
-
1983
-
- Act
No.
59
of
1989 South
African
Tourism
Board The
whole
-
Amendment
Act,
1983
|
