Tourism Act, 2014 (Act No. 3 of 2014)Chapter 6 : Tourist Guides55. Disciplinary measures |
(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. |