Tourist guides and their employers could face hefty fines under the new Tourism Bill for operating without being registered, according to Alushca Ritchie, CEO of the Cape Tourist Guides Association and Chairwoman of the Federation of South African Tourist Guide Associations (FSATGA).  


Ritchie said, while mechanisms to enforce legislation against illegal tour operators had always been in place, they had never been utilised. 


“Although all of the legislation and mechanisms were in place in the old Act 70 to take illegal guiding through to prosecution, it was never enforced.”


She said the reason for this was largely due to lack of priority, with more serious crimes taking the manpower from illegal guiding, something that was seemingly innocuous.

“The mechanisms to enforce legislation have always been in place and written in the Tourism Bill, however have never, or very rarely, been enforced. It is the regulation of this Act that attention needs to be given to, along with the willpower to enforce this Act,” she said. 


The prosecution of illegal guides has previously been in what Ritchie referred to as a “phase of awareness” of guide inspections, handing out warnings, putting up posters and handing out pamphlets to visitors, asking them to only use registered guides.


“This was because of the lack of practicality of prosecution, and throughout the system there was no preparedness to deal with taking a prosecution through a court of law.”


She said while this had been carried out for several years, it was losing effect as could be seen in the large amount of tour operators using illegal or no tourist guides when on SA soil.


“All of the actions to date have been very wary of negative international publicity and the priority has always been to avoid inconvenience or discomfort to the tourist during these inspections.” 


She, however, argued that creating positive awareness about it was far more productive and effective than policing.  “It should be considered that, rather than expensive and negative policing, we rather put efforts into positive marketing to show the world’s travellers that South Africa has a system that is there for the customers’ protection, and is enforceable by law.”


“As a traveller, if you do not have a registered South African guide on your guided tour then you should not be sold that tour. A guide’s registration should be prominently displayed on all tours and marketing materials – after all, the guests will be spending more time with their guide than in their accommodation,” concluded Ritchie. 


 The Portfolio Committee on Tourism has invited interested parties to submit written comments on the Tourism Bill which was submitted to parliament on December 4. 


Enquiries as well as written submissions can be directed to Jerry Boltina, Portfolio Committee on Tourism.Write to: Tourism Parliament of RSA, P O Box 15, Cape Town 8000 or Email: jmboltina@parliament.gov.za.The committee said that, should any member wish to make a verbal presentation to the committee, they should indicate their interest to do so in the written submission.


The closing date for submission is Friday 15 February. Click here to view the bill.