Tourism sector calls for end to lockdown regulations which threaten to cripple the industry

Members of the tourism industry are demanding an end to the lockdown regulations which threaten to bring operators to their knees. It has recently been reported that more than R700 million has been lost to the industry daily as a result of recent regulatory developments.

Pleas to government from key role players for relief have not yielded fruit, and while protests got underway in Mpumalanga and Cape Town today, other members of the industry have their sights set on taking government to court.

Robert More of the MORE Family Collection, which represents internationally renowned game lodges such as Lion Sands and Marataba, called for solidarity in the fight to “reopen the tourism industry and rebuild (its) payrolls.”

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More has called on others involved in tourism to join him in a legal battle for the industry’s survival, led by law firm Smiedt & Associates. Advocate Anton Katz SC, an internationally renowned constitutional and administrative law expert will be working on the matter, assisted by junior advocate, Kessler Perumalsamy.

Litigation was not their first resort. According to More, industry leaders had for weeks been asking government for relief.

“We have pleaded for our livelihoods and the very survival of our industry but we have been given nothing to help us survive,” he commented after President Cyril Ramaphosa again stressed lockdown accommodation restrictions on Sunday night.

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More fears that the withdrawal of TERS (Covid-19 Temporary Employer/Employee Relief Scheme) funds on June 30 will add insult to injury.

• What will legal action entail?

According to More it will focus on getting the regulations amended to allow for safe intra and inter provincial travel.

• Step one:

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This, More explained, will consist of sending a letter to government in which concerns and recommendations from those in the industry will be set out. A written explanation as to why the game lodge industry has not been allowed to operate will also be requested in the letter.

• Step two:

“Should we not receive an answer, or if we receive one that is not sufficiently rational, we intend to urgently approach a court to declare the ban on game lodge leisure travel to be unlawful, invalid and contrary to the constitution,” More said.

“We will do so on the basis that game lodges are one of the most affected parts of the industry, receiving little to no business travel.”

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• When will the case go to court if the issue is not resolved?

“Should we not be able to come to terms as a result of the letter, we would hope to have the matter heard at the end of this month. Every day is costing us more.”

• Legal costs and More’s plea for contributions

Although Smiedt & Associates will assist on a “no win-no fee” basis, More indicated that the costs to bring the envisioned high court application could nonetheless be in excess of R400 000. More has asked fellow game lodge role players to contribute to the cause.

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“Smiedt & Associates has allowed us to use its trust account for contributions,” he said, adding that FICA documents would be obtained from all contributors as required by law. More has proposed that game lodge groups (entities with more than one game lodge) contribute R15,000 (ex VAT) per group, and single game lodges contribute R10,000 (ex VAT).

“Those who cannot afford this are welcome to contribute any sum which will allow us to move forward with this application. If any of our partners who are not game lodges would like to support our cause, this would be greatly appreciated,” he said.

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• What happens if legal expenses are less than contributions received?

“Should there be funds remaining after our challenge, or should the challenge not be necessary, Smiedt & Associates will be able to refund all contributors (pro rata, or otherwise) as they will only draw on the funds as necessary to pay expenses,” he assured.

• Contributions can be made to the following trust account:

Smiedt & Associates
First National Bank
Branch: Portside
Branch Code: 210651
Account No: 6219 4666 536
Reference: MO0099

More indicated  that the reference is very important for the allocation of payments. “Alternatively, send your POP to Anya (Anya@more.co.za) or Karen Lancaster (karen@smiedtlaw.co.za),” he advised.

“One thing is abundantly clear and that is that the worst action is a lack of action,” concludes More.

• Others campaigning on behalf of the industry

Meanwhile, the TBCSA has vowed to fight on for those it represents. The council has also appealed to government without success and is now taking legal advice.