Tourism Act, 2014 (Act No. 3 of 2014) > Chapter 6 : Tourist Guides > 50. Procedure relating to registration of tourist guides

(1)

(a)	Any person who wishes to be registered as a tourist guide must apply to a Provincial Registrar in the prescribed manner.

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

(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.

(8)

(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.

(9)

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.

(10)

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.

(11)

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.

(12)	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).