FBFs, (foreign birder friends / facebook birding foes or fellow-hobbyists / faithful best friends / frivolous bloody fiends ....) suckers of ambush-marketing, often call us aside seeking assistance out-in-the-field. This assistance is often limited to general birding advice but does, on occasion, entail a crossing of the legal rubicon & this is where it gets interesting. I'm going to use broad strokes for the devil here resides not in the detail but in the practice as a whole.
Who has been asked to guide, lead a tour or assist a fee-paying group out in the field even if only as a driver / captain? It's a commendation of your skills of course. A recognition of prowess or of the individual's ornithological standing, feathery enough for most, but unless you have been certified competent to do so, as prescribed in SA law, you are guilty of an offence.
Act No. 3 of 2014: Tourism Act, 2014 refers & I'll paraphrase:
- The National Registrar of Tourist Guides maintains a central database of all tourist guides. If your name does not appear on the register; you are not a guide. BTW: FGASA training does not make you a guide, site or otherwise.
- If your name does not appear on the register then by implication you are not party to the code of conduct & ethics published in accordance with section 52. ie: You are not a guide.
- If you have not passed the prescribed quality assurance process, then your name will not be eligible for submission to the Registrar. ie: You are not a guide.
- If you are not wearing a provincial registration-badge, you are deemed to be in contravention of the Act. NB: - If the prescribed registration certificate is tucked away in your khaki-shorts & your badge prone to conspicuous absence - you are not a guide. Your employer's 3rd-party and public liability insurance is void as a result.
- Registration on the register is valid for a period of three (3) years only. Failure to renew = you are not a guide.
- Competence ie: quality assurance, is determined by the South African Qualifications Authority. Haven't sat your test? (National Qualifications Framework Act, 2008) - You are not a guide.
- Not in possession of at least a Level-1 First Aid certificate? You are not a guide.
Any person may report a contravention with the Provincial Registrar who must, if the complaint discloses an offence, lay a charge with the South African Police Service.
- NO person who is not a registered tourist guide or whose registration as a tourist guide has been suspended or withdrawn, may for reward, whether monetary or OTHERWISE, act as a tourist guide.
- No person or company may for the promotion of any business undertaking employ any person who is not a registered tourist guide.
It is an offence to guide illegally. Offenders are liable, on conviction, to a fine or imprisonment not exceeding one year; time-enough to promote birds & birding to your cell-cohabitants.
Cease & desist, immediately, if you are not COMPETENT ie: a registered guide. Enjoy your hobby and leave well-alone. One more thing. If you are not in possession of a valid PrDP (professional drivers permit) don't even think of driving your FBF around the country .. The consequences boggle the mind..!
