Tourism Complaints Officer neglects duty to protect industry from job-killing Visa regulations

22 June 2015

The Tourism Complaints Officer, who is tasked with protecting and promoting the tourism industry, has in a letter rejected my official complaint calling for an investigation into the devastating impact the new visa regulations are having on the tourism industry.

The Tourism Complaints Officer should act as a custodian of the tourism industry. Like others tasked with the growth of tourism and jobs, the Tourism Complaints Officer is in clear dereliction of duty by failing to act against these visa regulations. We must ensure that this institution performs the tasks assigned to it proficiently if we are to protect this job-creating industry.

I will therefore today write to the Chairperson of the Portfolio Committee on Tourism, Beatrice Ngcobo, requesting that she summon the Tourism Complaints Officer, Mirriam Setwaba, to appear before Committee and provide substantive and credible reasons as to why she failed to carry out her primary mandate.

Last month I submitted an official complaint to Ms Setwaba, requesting she address the following with regards to the regulations:

Whether such onerous regulations are international best practice; 

Which other countries have instituted similar regulations and what impact has this had;

Whether a proper economic and regulatory impact assessment was undertaken prior to the regulations being drafted; and

Why there were no formal engagements with any tourism industry associations.

In a curt reply, Ms Setwaba, who was appointed by Tourism Minister Derek Hanekom as Tourism Complaints Officer, rejected the complaint, advising that I approach the Department of Home Affairs “who in her view, are best placed to address the concerns and to provide responses on the aspects of the regulations that they administer”.

The question remains - if the office that was appointed to protect the tourism industry is not able to act on its behalf, then who will?

The tourism industry contributes 9% of our GDP and employs 1.5 million South Africans. Its growth and success is vital to growing our economy and creating jobs for the 36% of South Africans who cannot find work. It is in everyone’s interest that this industry is protected from overbroad and untested job-killing visa regulations.

The DA will continue to do all possible to ensure those responsible for standing up for the industry do and are not allowed to neglect their mandate. 

Text of letter:

Honourable James Vos

Member of Parliament

Shadow Minister of Tourism

Democratic Alliance

Dear Honorable Vos

 DEPARTMENT OF HOME AFFAIRS: REGULATIONS ON UNABRIDGED BIRTH CERTIFICATE

I acknowledge receipt of your correspondence delivered by email on 3 June 2015.

You request that the Tourism Complaints Officer address the following with regards to the regulations relating to the unabridged birth certificate:

Whether such onerous regulations are international best practice;

Which countries have instituted similar regulations and what impact has this had;

Whether a proper economic and regulatory impact assessment was undertaken prior to the regulations being drafted; and

Why there were no formal engagements with any tourism industry associations.

The powers and duties of the Tourism Complaints officer are provided for in the Tourism Act, 2015 (the Act).  According to section 45(2) of the Tourism Act, 2014 (The Act) the Tourism Complaints Officer must—

(a) perform the functions referred to in section 46; and

(b) deal with any complaint received in respect of tourism services, facilities or products in the manner provided for in section 47.

Section 46 (1) (a) of the Act empowers the Tourism Complaints Officer to, on his or her own initiative or in response to a proposal from persons conducting business within a particular tourism sector, recommend to the Minister the accreditation of a particular scheme or arrangement established by or for a particular tourism sector to resolve tourist complaints and the person responsible for the implementation of the scheme or arrangement.

The duties of the Tourism Complaints Officer are set out as follows in section 47 of the Act-

 “Upon receiving a complaint in respect of any tourism services, facilities or products, the Tourism Complaints Officer must— 

(a) for the purpose of resolving the complaint, refer the complaint to an accredited scheme or arrangement contemplated in section 46 ;

(b) refer the complaint to the National Consumer Commission, provincial consumer protection authority or consumer court contemplated in the Consumer Protection Act if the Tourism Complaints Officer believes that the  issues raised by the complaint can be dealt with expeditiously and fully by the body concerned;

(c) refer the complaint to the South African Police Service, if the complaint alleges that a person has committed an offence;

(d) refer the complaint to the equality court referred to in section 16 of the  Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), if the complaint alleges unfair discrimination against a tourist;

(e) refer the complaint to another regulatory authority with jurisdiction over the matter”.

The powers of the Tourism Complaints Officer as set out above, can only be exercised where there is a complaint in respect of any tourism services, facilities and products.

I advise that you approach the Department of Home Affairs who in my view, are best placed to address your concerns and to provide responses on the aspects of the regulations that they administer.

Yours Sincerely,

Ms MM Setwaba

Tourism Complaints Officer

Department of Tourism

DATE:

ENDS

Statement issued by James Vos MP, DA Shadow Minister of Tourism, July 22 2015