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ENVIRONMENT AND TOURISM PORTFOLIO COMMITTEE
29 February 2000
TOURISM AMENDMENT BILL [B50-99]
Documents handed out:
Tourism Amendment Bill
There were two announcements before the discussion of the bill:
- Parliament has received an invitation from the Brazilian government to attend the Third International Forum for Parliaments and Local Authority on 15-16 May, which will specifically address tourism policy makers. A delegation of five people is yet to be determined.
- The ACDP and the DP, who are not represented on this committee, have requested that Bill B50-99 be debated in the House. The debate will take place on 1 March.
The informal discussion of the proposed amendments to B50-99 then continued from where it had left off on 22 February.
Passing of proposed amendments (see Appendix 1)
Points 10, 11,12 , 14, 15, 17-24, 26-27 of Clause 4 were agreed to.
The following points were discussed in more detail:
Point 13: Mr. Kalako (ANC) raised a concern that the Provincial Registrar may in some cases refuse to allow the guide to present his/her case in person. The Department argued that the Registrar should have discretion, with the aim of expediting the "cut-and-dried" cases. But the Committee unanimously supported the concern about who would determine this.
Point 16: The necessity to publish the names of guides whose registration has been withdrawn was questioned. The Department explained that since there was a R10,000 fine for hiring illegal guides, there was a responsibility to publish this information. In addition, this measure would also discourage the spreading of rumours with the intent to vilify.
Point 25: Following the discussion in the previous meeting, this point has been reworded as follows: "No tourist guide may drive a vehicle licensed to carry 9 persons and at the same time act as a driver, but must be accompanied by a second tourist guide." This allows for the possibility that a driver and a tourist guide may be present, and does not insist on the presence of two tourist guides.
In Clause 5, all the amendments were agreed to.
In Clause 6, the amendment was agreed to.
The amendment to the Long Title was also agreed to.
Several technical changes were then addressed.
Outstanding issues from previous meeting
Point 4 of Clause 4: The committee is still waiting to be briefed on the question of the refresher course and training in general.
Point 7 of Clause 4: The question of "additional training" as opposed to "alternative training" was discussed extensively. The issue revolves around how to accommodate people with specialised knowledge, but who lack formal education, who wish to become tour guides. What is needed is not additional training but recognition of already existing, alternative knowledge. How can the National Qualification Framework (NQF) recognise these special skills as an alternative to the formal requirements, such as matriculation from high school? The problem is that the Department of Environmental Affairs and Tourism does not have the jurisdiction to amend the NQF; this jurisdiction lies with the Department of Education. Further research needs to be done to assess to what extent the existing NQF can address these concerns. It does recognise different points of entry into the system, but it is not yet clear whether or not this is adequate or can be adapted to meet these needs.
The Chairperson called on the Department to provide additional information on this topic, as well as comparative material from other countries.
Point 8 of Clause 4: There was no further discussion on the issue of stakeholder groupings. The amendment was passed.
Point 9 of Clause 4: The question of conduct and ethics was discussed extensively. It became clear that "ethics" is different from "conduct", for while a particular behaviour may be acceptable from the point of view of conduct, it might still be unethical. Examples: leaving the engine running while tourists are in a museum; allowing tourists to take photographs of local people without their permission. The discussion then turned to how one could publish a code of ethics and include it in training. There is an International Code of Ethics that will be circulated to the members and the discussion will resume once they have had a chance to review it. However, the department emphasised that a code of ethics is about human behaviour and a sensitivity that cannot be legislated. This is something that will have to be popularised through training, and is part of the process of working towards being "one nation."
Agenda for next meeting
In the next meeting, the Committee will review the International Code of Ethics, the South African Qualifications Act of 1995 and comparative materials, and also be further briefed by the Department. The Members will also have the opportunity to present amendments from their party caucuses. That would then complete the informal discussion of this bill.
AMENDMENTS AGREED TO TOURISM AMENDMENT BILL
[B50 - 99]
1. On page2, in line 16, to omit "designate an" and to substitute "appoint a suitably qualified"
2. On page 4, from line 16, to omit subsection (3).
1. On page 4, in line 25, to omit "designate an" and to substitute "appoint a suitably qualified".
2 On page 4, after line 47, to add the following subsection:
(3) The registration of a tourist guide by a Provincial Registrar in terms of subsection (2) is valid in all the provinces of the Republic, where applicable.
1. On page 41 from line 51, to omit "in a province shall apply to the" and to substitute "shall apply to any"
2. On page 6, from line 1, to omit subsections (2) and (3).
3. On page 6, in line 15, to omit paragraph (a).
On page 6, after line 19, to add the following paragraph:
(c) failed to pass the prescribed refresher course that a tourist guide, shall complete not later than two years from the date of his or her last registration.
5. On page 6 from line 20, to omit all the words after "Registrar" up to and including "(3)" in line 21.
6. On page 6 from line 29, to omit "one year" and to substitute "two years"
7 On page 6, after line 59, to add the following subsection:
(2)The Minister may prescribe additional training to that contemplated in subsection (1).
8. On page 8, from line 3, to omit "and associations of tourist guides", and to substitute "stakeholder groupings and the Minister of Transport"
9 On page 8, in line 4, after "conduct" to insert "and ethics".
10. On page 8, in line 9, to omit "or (2)" and to substitute "(2) or (4)"
11. On page 8, in line 24, after "21H(3)" to insert "or (5)".
12. On page 8, in line 27, after "shall" to insert "within 14 days".
13. On page 8, after line 41 to insert the following subsections:
(3)The tourist guide may request the Provincial Registrar to be allowed to present his or her case, personally before the Provincial Registrar and the Provincial Registrar may not unreasonably refuse such request.
(4)If the request is granted, the tourist guide may be assisted by the adviser of his or her choice.
14. On page 8, in line 48, after "suspend" to insert:
,for a period not exceeding 30 days,
15. On page 8, after line 52, to insert the following subsection:
(7)The provisions of subsections (3) and (4) are applicable to any proceedings for the suspension of the registration of a tourist guide under subsection (6).
16. On page 8, after line 55, to add the following subsection:
(9)The Provincial Registrar shall cause the names of persons whose registration has been withdrawn under this section to be published in the Government Gazette.
17. On page 10, in line 8, to omit paragraph (d).
18 On page 10, after line 17 to insert the following subsections:
(3)The tourist guide may request the provincial Registrar to be allowed to present his or her case personally before the Provincial Registrar, and the Provincial Registrar may not unreasonably refuse such request.
(4) lf the request is granted1 the tourist guide may be assisted by her choice.
19. On page 10, in line 23, to omit paragraph (b) and to substitute:
(b) impose the prescribed fine, which may not exceed R1 000, on the tourist guide; or
20. On page 10, in line 27, after "suspend", to insert:
,for a period not exceeding 30 days,
21. On page 10, after line 31, to insert the following subsection:
(7) The provisions of subsections (3) and (4) are applicable to any proceedings for the suspension of the registration of a tourist guide under subsection (6).
22. On page 10, after line 39, to insert the following paragraphs:
(b) The appellant may request the National Registrar to be allowed to argue his or her appeal personally before the National Registrar, and the National Registrar may not unreasonably refuse such request.
(c) lf the request is granted, the appellant may be assisted by an adviser of his or her choice.
23. On page 10, in line 51 after "person" to insert:
"company or close corporation"
24. On page 10, in line 52, to omit "or her" and to substitute "her or it"
25. On page 10, after line 55, to add the following subsections:
(4) No tourist guide may for the purpose of promoting a tourist guiding business drive a vehicle carrying more than nine persons, unless he or she is accompanied by a second tourist guide.
(5)No person, company or close corporation employing a tourist guide may allow that tourist guide to drive a vehicle in contravention of Subsection (4).
26. On page 12, from line 1 to omit section 211.
27. On page 12, after line 29, to add the following subsection:
(2)The Director-General shall make a decision within 60 days from the date on which the matter is referred to him or her in terms of subsection (1).
1. On page 12, in line 31, after "amended" to insert "a"
2. On page 12, in line 33, to omit 'or 211(5)" and to substitute "and"
3. On page 12, after line 33, to add the following paragraph:
(b) by the addition of the following subsection, the present subsection becoming subsection (1):
"(2) Any company or close corporation that contravenes section 21H(3) shall be guilty of an offence and be liable on conviction to a fine not exceeding
1. On page 14, in line 11 to omit "three years" and to substitute "one year".
1 On page 2, from the seventh line, to omit "duty to provide information" and to substitute "procedure to make regulations".
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