scholarly journals THE FIRE, THE BURGLARY AND THE PRAETORIAN EDICT DE NAUTIS, CAUPONIBUS ET STABULARIIS

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Mark Tait ◽  
Patrick Vrancken
Keyword(s):  
South Africa ◽  
South African ◽  
Foreign Currency ◽  
Service Providers ◽  
Tourism Industry ◽  
The South ◽  
Travel And Tourism ◽  
Unique Nature ◽  
Bed And Breakfast ◽  
Tourism Activity

The travel and tourism industry is the world’s largest industry. This industry is also seen as one of the priority growth areas for the South African economy. In South Africa travel and tourism activity is expected to grow at a rate of 4.8% per annum in real terms between 2007 and 2016. This will mean an increase in travel and tourism economic activity in South Africa from R198.1 billion in 2006 to R511.5 billion in 2016. Based on these figures it is estimated that the travel and tourism industry will contribute 9.3% of the South African Gross Domestic Product (“GDP”) by 2016. One of the main benefits of the travel and tourism industry is its potential for attracting foreign currency. Already, tourism is the fourth largest foreign exchange earner in South Africa. Furthermore, the travel and tourism industry has major potential for generating employment. It is expected that by 2016 the travel and tourism industry will provide 1.5 million jobs (or one in every 11.6) in South Africa. South Africa’s travel and tourism industry has experienced significant growth in the last decade. This resulted in a substantial number of guest houses and bed-and-breakfast establishments opening their doors in every city, town and in between. This growth is evidenced, for example, in that South Africa is well on its way to reaching its target of attracting 10 million foreign visitors per year with a reported 7.6% increase in foreign visitors in the first five months of 2008 to a total of 3 983 061. With the rise in travel and tourism activity, it can be safely forecasted that there will be a rise in litigation revolving around the respective rights of tourists and tourist service providers. In a nascent travel and tourism law jurisprudence, each case decided in this regard ought to be carefully considered by both legal practitioners and the industry. A matter came before the then Cape High Court during 2002, based on an action whose (continued) existence in South African law had been questioned more than eighty years earlier. The case was Gabriel v Enchanted Bed and Breakfast (2002 2 SA 597 CPD (hereinafter the “Gabriel case”)). Just to confirm that this was not to be an isolated reliance upon an almost obsolete remedy, the Gabriel case was followed in 2005 by Roy v Basson NO (2007 5 SA 84 CPD (hereinafter the “Roy case”)). The legal remedy in question is the Praetorian edict de nautis, cauponibus et stabulariis. (Considering the fairly unique nature of the legal ground under consideration in these two cases it is somewhat surprising to note that the court in the Roy case did not refer to the Gabriel case at all). Both these cases concern the liability of the proprietor of an inn in terms of the Praetorian edict de nautis, cauponibus et stabulariis and are therefore of particular relevance for the South African travel and tourism industry. It is therefore opportune to consider the Praetor’s edict and its application anew.

Incentive Guidelines for South African Tourism: Implications and Challenges in the Context of Developing Socio-Political Trends

1995 ◽  
Vol 1 (1) ◽  
pp. 17-31 ◽  
Author(s):  
Jonathan Z. Bloom ◽  
Frederik J. Mostert
Keyword(s):  
South Africa ◽  
Conceptual Framework ◽  
South African ◽  
Tourism Industry ◽  
Significant Issue ◽  
The South ◽  
Decision Matrix ◽  
Fiscal Incentives ◽  
Tourism Policy ◽  
The Government

The need for some form of support from governmental sources to advance the tourism industry by means of financial and fiscal incentives has become a significant issue. This article provides a comparison of incentives found internationally with those available in South Africa. Various shortcomings pertaining to the types of incentives provided are discussed. The main aim of the paper is to analyse three incentive options in the context of tourism policy together with a decision matrix which could be used by the government to make a choice between alternative options. A conceptual framework is provided which could form the basis for the government in its choice of incentives. The implications and challenges of providing incentives for the tourism industry are discussed in the context of developing socio-political trends within the South African environment

scholarly journals Risk factors for failure in newly established small, micro and medium-sized enterprises in the tourism sector of Gauteng Province, South Africa

2015 ◽  
Vol 5 (4) ◽  
pp. 8-18
Author(s):  
Zeleke Worku
Keyword(s):  
South Africa ◽  
South African ◽  
Geographical Location ◽  
Tourism Industry ◽  
The South ◽  
Gauteng Province ◽  
Entrepreneurial Skills ◽  
Tourism Sector ◽  
Networking Ability ◽  
Tourism Enterprises

The annual report issued for the financial year 2013/2014 by the South African Chamber of Commerce and Industry (2015) shows that the business confidence index of South Africa was equal to 89.3% in January 2015. According to the South African National Department of Tourism (2015), the tourism sector contributed 93 Billion Rand (3%) to the South African GDP in the year 2012. The contribution of the tourism sector was equal to 189.4 Billion Rand in the year 2009. This figure is projected to grow to 499 Billion Rand by the year 2020. According to the South African Small Enterprise Development Agency (2015), newly established and emerging business enterprises conducting business in the tourism sector of Gauteng Province are less viable and efficient in comparison with well-established tourism enterprises. The objective of this study was to identify and quantify risk factors for underperformance and bankruptcy in the tourism sector of Gauteng Province in South Africa. The study was based on data collected from a stratified random sample of size 311 tourism enterprises that operate in Gauteng Province, South Africa. Data was collected on a large number of socio-economic factors that adversely affect entrepreneurial activities in the tourism sector of Gauteng Province. A combination of quantitative and qualitative methods of data collection and analyses was used in the study. Examples of variables on which data was gathered was level of entrepreneurial skills, level of formal education, location of business, duration of experience, amount of capital, number of employees, ability to network with other tourist operators, degree of competition from rival operators, geographical location, category of business, category of entrepreneurial skills, average number of visitors per month, net profit, size of business, market share, access to finance, and degree of support from Government agencies. Results obtained from the study showed that the long-term survival and viability of African entrepreneurs in the tourism industry of Gauteng Province was significantly and adversely affected by the degree of competition from rival operators, poor networking ability, lack of entrepreneurial skills, low capital, and geographical location. The study found that African entrepreneurs in the tourism industry of Gauteng Province lagged behind their white counterparts significantly in terms of networking ability, capital and entrepreneurial skills. In addition, 82% of the 311 African entrepreneurs who participated in the study lacked suitable skills due to their poor and irrelevant academic and vocational background, and that 59% of entrepreneurs had received little or no assistance in terms of mentoring or training opportunities from South African Government agencies.

scholarly journals Identifying risks facing the South African tourism industry

2012 ◽  
Vol 15 (2) ◽  
pp. 190-206 ◽  
Author(s):  
Gordon Shaw ◽  
Melville Saayman ◽  
Andrea Saayman
Keyword(s):  
Risk Assessment ◽  
Factor Analysis ◽  
Statistical Analysis ◽  
South African ◽  
Analysis Of Variance ◽  
Tourism Industry ◽  
The South ◽  
Anova Analysis ◽  
Travel And Tourism ◽  
Assessment Matrix

Even though risks certainly influence  travel and tourism patterns, very little research has been conducted  into how the industry generally perceives and manages risks.  This article aims to (i) identify the risks the South African tourism industry deems important; (ii) construct a matrix for assessing the various risks identified and (iii) determine whether sectors of the industry rate the importance of risks differently. In total, there were 212  responses to the questionnaire in the survey on South African tourism businesses.  The statistical analysis included a factor analysis and an ANOVA (analysis of variance). Nine factors were identified and the ANOVA confirmed that sectors do perceive differing levels of importance in the various risks. The risk assessment matrix showed that internal risks are rated among the most important, even though little attention is paid to these in the literature.

scholarly journals The impact of hunting for biltong purposes on the SA economy

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Melville Saayman ◽  
Peet Van der Merwe ◽  
Riaan Rossouw
Keyword(s):  
South Africa ◽  
Economic Impact ◽  
South African ◽  
Tourism Industry ◽  
Transport Sector ◽  
The South ◽  
Convenience Sample ◽  
Cge Modelling ◽  
The Impact ◽  
First Time

Purpose: The purpose of this article is to estimate the economic impact of biltong hunting in South Africa. Problem investigated: Higginbottom (2004), indicate there are no reliable global estimates of the economic impact of wildlife tourism, but one thing is certain, it generates considerable sums of money. This same accounts for South Africa's game industry, especially biltong hunting, where there is little to no information regarding the economic impact. Therefore the question to be investigated was what is the economic impact of biltong hunting in the South African economy. Research methodology: A non-probability method was used and a convenience sample was drawn from all the members (N = 17066) of the South African Hunters and Game Conservation Association (SAHGCA). A pilot study of 87 questionnaires was conducted in August and September 2004 in the North West Province at the Hartbees branch of SAHGCA. For the national survey, the questionnaires were mailed together with the members' monthly magazine (named SA Hunters/Jagters) during July 2005. A total of 1 024 (n) questionnaires were received back. Data was captured in Microsoft™ Excel™ and a Computable General Equilibrium (CGE) modelling approach was thereafter used to determine the economic impact of biltong hunting in the South African economy. Findings/implications: The contribution to real GDP is estimated to be in excess of R6 billion, with thousands of jobs being created by the increase in activities/services. In addition, the related improvements to the infrastructure of the country, especially the transport sector, will benefit productivity in the longer term and so lead to further increases in GDP. Originality: A significant contribution that this article has made is that this is the first time that the economic impact of biltong hunting in South Africa has been determined. It is also the first time that CGE modelling has been completed with regard to research in this sector in South Africa.Conclusion: This supports the opinion that biltong hunting is a viable and important sector of the tourism industry. The results clearly show that more should be done to expand hunting in South Africa as hunting affects, not only the economy, but also the price (and therefore the value) of game.

Are IT Outsource Engagements Offering the Expected Values and Benefits?

2014 ◽  
pp. 221-235
Author(s):  
Dimitris Folinas ◽  
Jan Smit
Keyword(s):  
South Africa ◽  
South African ◽  
Service Providers ◽  
Time Increase ◽  
It Infrastructure ◽  
The South ◽  
Top Executives ◽  
Depth Interview ◽  
Key Issues ◽  
Expected Values

This study addresses a variety of operational aspects within the Information Technology (IT) infrastructure outsourcing arena within the South African market segment. The key issues are whether outsourcing engagements are delivered according to how customers expect the services to be and whether the possibilities exist for these types of services to be delivered at a reduced cost and at the same time increase the productivity in which the services are being delivered. The study was conducted through a narrative approach in the form of a structured in-depth interview process with 10 top executives in some of the largest organizations within South Africa. The organizations that were focused on for the research are either outsourcing service providers or customers to outsourcing service providers, all of which operate internationally. The research has shown that although these benefits are considered values that outsourcing offers, organizations within the South African market do not feel that this is the case, especially when considering costs and skilled resources.

scholarly journals Management of employee wellness in South Africa: Employer, service provider and union perspectives

2011 ◽  
Vol 9 (1) ◽  
Author(s):  
Charlotte Sieberhagen ◽  
Jaco Pienaar ◽  
Crizelle Els
Keyword(s):  
South Africa ◽  
South African ◽  
Service Providers ◽  
Employee Wellness ◽  
South African Context ◽  
The South ◽  
Cross Sectional ◽  
Labour Unions ◽  
Role Players ◽  
African Context

Orientation: This article focuses on how South African organisations manage their employees’ wellness through their Employee Wellness Programmes (EWPs). Research purpose: The objective of this research is to describe employee wellness in South Africa by investigating the types, foci and perceived success of EWPs.Motivation for the study: Despite the growing awareness of the importance of EWPs in South Africa, the nature, content, context, participants, role-players and anticipated benefits as well as the possible drawbacks of these programmes in the South African context are unclear.Research design, approach and method: The researchers used a cross-sectional design. The first author developed the Employee Wellness Survey, consisting of quantitative and qualitative questions, to collect data from 16 organisations, four service providers and seven labour unions in South Africa.Main findings: The results showed that organisations, service providers and labour unions define employee wellness differently and that these role players give different reasons for introducing EWPs. Almost half of the participating organisations have no baseline measurement with which to compare the effectiveness of their EWPs. Generally, all the organisations present the results of their programmes reasonably. However, the programmes involve little overall expenditure to the organisations.Practical/managerial implications: Organisations should monitor the state of their employees’ wellness in order to manage it effectively. This will only become possible when information about employee wellness improves.Contribution/value-add: This study provides new information about the nature, content, context, participants, role-players, anticipated benefits and possible drawbacks of EWPs in the South-African context.

scholarly journals Strategic Conceptualisation of the South African Sport Tourism Sector’s Response to the Covid-19 Pandemic

2021 ◽  
Vol 10(1) (10(1)) ◽  
pp. 54-68
Author(s):  
Janice Hemmonsbey ◽  
Tembi Tichaawa ◽  
Brendon Knott
Keyword(s):  
Crisis Management ◽  
South African ◽  
Disaster Management ◽  
Synergistic Effects ◽  
Tourism Industry ◽  
Government Support ◽  
Local Context ◽  
Sport Tourism ◽  
The South ◽  
Travel And Tourism

This study aimed to identify the practical and policy-based implications for the South African sport tourism organisations by highlighting strategic approaches to rethinking sport tourism planning and management. A content analysis of published academic and industry papers that focused on disaster management or mitigation within the sport tourism context, within a global and local context were analysed and thematically coded. The results reveal the vulnerability of the sport tourism industry to global threats while highlighting the lack of preparedness of this sector to strategically respond to the COVID-19 pandemic. Previous pandemics and disasters may provide an impetus for rethinking sport event hosting as well as travel and tourism, however not without substantial financial investments and government support. The resilient theory emphasises the synergistic effects of crisis management in sport tourism. This study proposes strategies to guide industry stakeholders towards a research agenda that is based on identified gaps in knowledge within the sport tourism field in order to rethink sport tourism. This paper also contributes to the extant knowledge on crisis management and disaster management by incorporating strategic perspectives of resilient theory. There is significant value to current policies and practices regarding new strategic approaches to crisis management in sport tourism

Who is Riding to the South African Bike Festival?

2020 ◽  
Vol 24 (1) ◽  
pp. 97-112
Author(s):  
Hanneri Borstlap ◽  
Alicia Fourie
Keyword(s):  
South Africa ◽  
Social Responsibility ◽  
South African ◽  
Tourism Industry ◽  
The South ◽  
Dual Purpose ◽  
The Past ◽  
Sociodemographic Profile ◽  
And Behavior ◽  
Special Causes

Events play an integrated part in tourism industry. South Africa events have grown over the past years, especially when it comes to promotion and hosting of events. One such event is South African Bike Festival. The event's organizers host these events for special causes, such as riding for a purpose, social implications, and social responsibility. Motorcycles have been around since the early 1900s for the dual purpose of transportation and recreational or pleasure riding, but little is known about motorcyclists' sociodemographic profile and behavior. From an international perfective, the sociodemographic and behavior aspects of motorcyclists are well documented; what is lacking is literature within the South African perceptive. The purpose of this research is to characterize those who attended the first South African Bike Festival. The research attempts to segment the motorcycle market and identify bikers' motivations, needs, and behavior. A structured self-completion questionnaire was developed and handed out to willing participants. Trained fieldworkers distributed the questionnaire over a 3-day period and received a total of 484 usable questionnaires. A multiple regression based on sociodemographic variables and spending habits was done to determine any significant differences. Respondents were segmented based on their motives for attending the event. In this way three markets were identified, namely hardcore biker, feisty biker, and fortuitous biker. The results showed that there are indeed significant differences between the three markets identified. This research not only contributes to the motorcycling literature, but also to motorcycling behavior of bikers in South Africa.

scholarly journals DEMANDING QUALITY SERVICE: AN EVALUATION OF THE WIRELESS APPLICATION SERVICE PROVIDERS ASSOCIATION (WASPA) CODE OF CONDUCT IN LIGHT OF THE CONSUMER PROTECTION ACT 68 OF 2008

Obiter ◽  
2017 ◽  
Vol 38 (2) ◽  
Author(s):  
Leander Kruger ◽  
Monray Marsellus Botha
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Service Providers ◽  
Code Of Conduct ◽  
Mobile Service ◽  
The South ◽  
Service Failures ◽  
Consumer Protection Act

Consumerism has been around for quite some time, giving rise to the need to protect consumers against exploitation by suppliers. In the South African context the impetus to extend protection to consumers of goods and services however only gained proper momentum at the beginning of the 2000s. The Electronic Communications and Transactions Act 25 of 2002 was introduced to provide protection in respect of online transactions. With the introduction of the National Credit Act 34 of 2005 that affords protection to consumers in the credit market as well as the Consumer Protection Act 68 of 2008 that affords protection to consumers in a wide variety of instances consumer protection in South Africa has eventually reached an acceptable level.The CPA, being the most recent in the aforementioned trio of consumer protection legislation, is a comprehensive piece of legislation that extends protection to South African consumers in a wide variety of matters, inter alia, providing them with rights in respect of defective goods, contract terms, franchise agreements, auctions, product liability and so forth. The CPA was signed into law by the President on 24 April 2009 and was put into effect incrementally. The general effective date of the CPA is 31 March 2011 and the regulations issued in terms of the Act were published on 1 April 2011.The fast-developing mobile (cellphone) industry, where products and services improve constantly, necessitates the forging of consumer–brand relationships in order to keep consumers brand loyal and thus to prevent them from switching to competing brands. The South African cellphone industry has been characterised by major growth and is regarded as being one of the fastest-growing industries on the African continent. The number of cellphone users has more than doubled from 12 million in 2005 to 28 million in 2011, constituting 82% of the adult South African population. Competition between cellphone brands has also increased as a variety of different cellphone handsets and smart phones have started entering the South African market, making them accessible and affordable to South African consumers, as well as making it easier to switch between brands. South Africa has shown rapid growth in the number of cellphone users, leading the market to reach saturation. This rapid growth has also led to major network congestion and subsequent service problems related to the South African cellphone service provider networks. Subsequently, customers are showing high levels of customer dissatisfaction, requiring service recovery strategies to be put in place to remedy the situation. As it is impossible for service providers to consistently meet and exceed customer needs, service providers need to determine what remedies customers anticipate when their expectations are not met and service failures occur. If service providers are unable to recover from service failures, service providers could experience detrimental results to their profitability and performance, which could furthermore lead to customers switching service providers and engaging in negative word-of-mouth. According to Bejou and Palmer, it is important for a service business to determine their customer types and how long customers have been dealing with them (consumption stage), as this will influence how customers will react when faced with poor service and service failures and how easily they will switch to a substitutable product and new service provider.This note will examine the right to fair value, good quality, and safety in respect of services provided by mobile “service providers” in South Africa with particular reference to the CPA as well as the WASPA Code of Conduct for the mobile service provider industry.

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