South African Law Reform Commission
The South African Law Reform Commission (SALRC) has released a discussion paper on the revision of law administered by the tourism department for comment.
The SALRC has been mandated to look at South African law that is inconsistent with the equality clause in the constitution. Such law is to be either repealed or amended.
Comment on the paper is invited until 31 January 2012.
The paper focuses on four pieces of legislation administered by the department.
A proposed Tourism Amendment Bill is also attached. It calls for amendments to sections 1 and 13 of the Tourism Act 72 of 1993.
The SALRC describes itself as an “advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis”.
According to the SALRC, a consultation paper containing preliminary findings and proposals was submitted to the tourism department on 27 January 2011.
In June, the department informed the SALRC that the comments expressed in the paper would be taken into consideration when drafting new tourism legislation.
The SALRC notes that the department is in the process of reviewing the Tourism Act of 1993.
A draft Tourism Bill was published for comment in August this year.
It seeks to:
• Enhance cooperation and coordination between all spheres of government in developing and managing tourism
• Facilitate the appointment of a tourism protector
• Set up a national tourism information and monitoring system
The proposed legislation also calls for public participation in the drawing up of a national tourism sector strategy and proposed norms and standards for the tourism sector.
The SALRC evaluated the following pieces of legislation:
• Tourism Act 72 of 1993
• Tourism Amendment Act 105 of 1996
• Tourism Amendment Act 8 of 2000
• Tourism Second Amendment Act 70 of 2000
In the attached Tourism Amendment Bill, amendments are proposed to reflect the creation of a stand-alone tourism department and ministry in 2009.
Reference is also made to the Overvaal Resorts Limited Act of 1993 as opposed to the Resorts Ordinance Act of 1990.
Sabinet Cape Town Office
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