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Department of Tourism issues new norms and standards for tourism

Shanna Jacobsen | Dec 7, 2021 | MICE News , News , South Africa

South Africa’s Department of Tourism has gazetted its approved norms and standards for the tourism sector in the context of Covid-19 and other related pandemics.

On 03 December 2021, Minister of Tourism, Lindiwe Sisulu signed, under Section 7(1) of the Tourism Act, 2014 (Act No.3 of 2014), new Norms and Standards for the Safe Operations of the Tourism Sector in the Context of Covid-19 and other related pandemics. The latest gazette is available online and is intended to encompass the entirety of the tourism industry, including norms and standards for events, weddings, exhibitions, meetings and convention centres.

Under this, the individual in charge of an event, meeting or convention centre must undertake the following to ensure operational and staff preparedness:

• develop a prevention plan especially for infection prevention, cleaning and disinfection;
• implement guidelines for staff safety and health including health checks and introduce a stay-at-home policy in case of any member of staff displaying symptoms of Covid-19 and other related pandemics;
• communicate physical distancing guidelines for queues and mark surfaces clearly, where possible;
• ensure the provision of PPEs to staff such as face masks and gloves, depending on the risk-based approach;
• train staff to enable the execution of safety plans; and
• consider the utilisation of digital technologies such as digital invites.

In addition, individuals in charge of events and gatherings of this nature must provide a safe experience while at the same time building confidence.

“In developing norms and standards for the safe operation of the tourism sector, the objective is to facilitate consensus on minimum universal practices which the sector will abide by to prevent the spread of Covid-19.

“The policy response assumes it will be some time before the pandemic subsides or until a widely accessible vaccine or other appropriate scientific solution is available,” noted the gazette.

The norms and standards gazette can be accessed here .

RELATED: Travel bans devastate South Africa’s tourism sector

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To provide for the development and promotion of sustainable tourism for the benefit of the Republic, its residents and its visitors; to provide for the continued existence of the South African Tourism Board; to provide for the establishment of the Tourism Grading Council; to regulate the tourist guide profession; to repeal certain laws; and to provide for matters connected therewith.

Last update: December 2021

Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996

Disclaimer: This Act is presented "as is". Please read our Disclaimer before continuing.

Latest Developments:

The Tourism Act, 2014 (Act No. 3 of 2014), has been updated by the Norms and Standards for the Safe Operations of Tourism Sector in the context of the Coronavirus COVID-19 and Beyond, as per Notice No. 696 of GG45568, dated 3 December 2021.

The Tourism Act, 2014 (Act No. 3 of 2014) has been amended by Government Gazette 37719, Notice No. 37 of 2014, Commencement of the Tourism Act, 2014 (Act No. 3 of 2014), dated 6 June 2014.

The Tourism Act, 2014 (Act No. 3 of 2014) has been added to the website by Government Gazette 37538, Notice No. 268, dated 7 April 2014.

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South Africa: Consolidated Regulations

Regulations under the tourism act 1993.

Last checked: 9 October 2019

TOURISM ACT

Act 3 of 2014.

REGULATIONS UNDER THE TOURISM ACT, 1993 [Updated to 24 June 1994]

GoN R1110, G. 15808 (c.i.o 24 June 1994).

[ Editor Note : These regulations were published under the repealed Tourism Act 72 of 1993, but remains in force under the Tourism Act 3 of 2014, until repealed or replaced (See item 7 of Schedule 1 to Act 3 of 2014).]

The Minister of Environmental Affairs and Tourism has under section 26 of the Tourism Act, 1993 (Act 72 of 1993), made the regulations in the Schedule. (Singed) D. J. DE VILLIERS, Minister of Environmental Affairs and Tourism.

ARRANGEMENT OF REGULATIONS

1. Definitions 2. Responsibilities of the seller 3.

• Definitions

In these Regulations unless the context otherwise indicates—

“seller” means any person or undertaking including any travel agent, retail travel agent, tour operator and principal agent of such person, undertaking or travel agent who or which in the course of his, her or its business sells facilities referred to in section 22 of the Tourism Act, 1993 (Act 72 of 1993);

“insurance” means an insurance policy issued by an insurer registered under the Insurance Act, 1943 (Act 27 of 1943), providing cover indemnifying the buyer in respect of the cost of alternative travelling facilities for the buyer's return journey to the Republic if the person who is obliged to provide such facilities to such buyer, should fail or should for any reason be unable to do so.

• Responsibilities of the seller

The seller shall at all times have clearly exhibited in his place of business a notification with the following wording—

“NOTICE TO CLIENTS Assistance to obtain travel insurance in terms of section 22 of the Tourism Act, 1993 is available on request.”

• The notification referred to in regulation 2 should—

be printed in at least one of the official languages in black print on a white background;

be at least 29 cm by 21 cm; and

be displayed prominently in all areas of the place of business of the seller to which the public has access and where travelling facilities are sold.

Tourism Act, 2014

Act 3 of 2014.

• Document detail
• Related documents 1
• Citations 8 / 279
• Subsidiary legislation 2
• Subject areas > Business, Trade and Industry

Related documents

• Is commenced by Tourism Act, 2014: Commencement
• Published in Government Gazette 37538 on 7 April 2014
• Assented to on 3 April 2014
• Commenced on 16 June 2014 by Tourism Act, 2014: Commencement
• [This is the version of this document from 7 April 2014.]

Chapter 1 Interpretation and objects

1. definitions, 2. objects of act, 3. conflict with other laws and binding force of act, chapter 2 national tourism sector strategy, norms and standards, codes of good practice, 4. national tourism sector strategy, 5. national tourism information and monitoring system, 6. information on tourism businesses, 7. norms and standards for tourism, 8. codes of good practice for tourism, chapter 3 south african tourism board, 9. continued existence of south african tourism board, 10. functions of board, 11. powers of board, 12. delegations and assignments by board, 13. composition of board, 14. term of office of members of board, 15. disqualification from membership of board, 16. vacation of office and filling of vacancies, 17. remuneration of members of board, 18. board meetings, 19. conduct of meetings, 20. resolution without meeting, 21. funds of board, 22. application of public finance management act to board, 23. committees of board, 24. appointment and responsibilities of chief executive officer of board, 25. employment contract and performance agreement of chief executive officer, 26. resignation and dismissal of chief executive officer and appointment of acting chief executive officer, 27. employment and remuneration policy of board and appointment of staff, chapter 4 grading system, 28. national grading system for tourism, 29. establishment of tourism grading council, 30. main function of council and oversight and accountability, 31. composition of council, 32. term of office of members of council, 33. disqualification from membership of council, 34. vacation of office and filling of vacancies, 35. remuneration of members of council, 36. council meetings, 37. funds of council, 38. application of public finance management act to council, 39. committees of council, 40. appointment and functions of chief quality assurance officer of council, 41. employment contract and performance agreement of chief quality assurance officer, 42. resignation and dismissal of chief quality assurance officer and appointment of acting chief quality assurance officer, 43. employment and remuneration policy of council and appointment of staff, 44. assignment of oversight and functions of council, chapter 5 tourism protection, 45. designation of tourism complaints officer, 46. accreditation of scheme, 47. duties of tourism complaints officer in respect of tourists’ complaints, chapter 6 tourist guides, 48. national registrar of tourist guides, 49. provincial registrars of tourist guides, 50. procedure relating to registration of tourist guides, 51. competence, 52. code of conduct and ethics, 53. reporting of contraventions and lodging of complaints, 54. action by provincial registrar regarding disqualification of tourist guides, 55. disciplinary measures, 56. appeals and reviews, 57. prohibitions, 58. disputes, chapter 7 general, 59. offences and penalties, 60. delegations and assignments, 61. regulations, 62. repeal of laws, 63. transitional provisions and savings, 64. short title and commencement, schedule 1 (clause 63), transitional provisions and savings, history of this document, 16 june 2014, 07 april 2014 this version, 03 april 2014, is commenced by.

• Tourism Act, 2014: Commencement

Subsidiary legislation

Cited documents 8, legislation 8, documents citing this one 279, gazette 254, legislation 21.

South Africa’s booming Tourism sector: Strategic opportunities in holiday Property Investments

Article written by Ryan Hunt from HUNT Properties, our contributing expert on the South African property market.

South Africa’s tourism industry is witnessing a significant resurgence, showcasing impressive growth and recovery rates that signal prime opportunities for holiday property investments. The latest statistics and insights indicate that the country is on a promising trajectory, attracting a diverse array of tourists from around the world.

Current Trends in South African Tourism

The tourism sector in South Africa has demonstrated remarkable resilience and is rapidly approaching full recovery since the COVID-19 pandemic. In 2023, the country welcomed 8.5 million international tourists, marking a substantial 48.9% increase compared to the previous year​. This growth is driven by strategic improvements in airline connectivity, visa facilitations, and targeted marketing campaigns.

Significant growth has been noted in various international markets. For example, tourist arrivals from Germany, the Netherlands, and Russia saw increases of 41.6%, 45.5%, and 74.7%, respectively, in 2023. Additionally, the Asian market has also shown robust gains, with a 69.1% increase in tourists from the region, led by countries like India and China​​.

The Middle East has also contributed to this upward trend, with Saudi Arabia and the United Arab Emirates significantly increasing their tourist numbers to South Africa. This diversified influx of tourists is further facilitated by South Africa’s strategic marketing and the easing of visa regulations, which have been pivotal in boosting tourist numbers​.

Why Invest in Holiday Properties Now?

Given the revitalised interest in travel to South Africa, investing in holiday properties could offer substantial returns. Locations in tourist hotspots such as the Western Cape, the Garden Route, and KwaZulu-Natal are particularly attractive due to their scenic beauty and local attractions. Properties with unique features like beachfront views or proximity to wildlife reserves are especially lucrative, attracting higher rental demand and yielding better returns.

• Desirable Locations : Properties in sought-after locations such as the Western Cape, the Garden Route, and parts of KwaZulu-Natal are particularly attractive. 
• Unique Property Features : Investments in properties that offer unique features—like waterfront views, proximity to nature reserves, or exclusive amenities—can command higher rental rates and attract a steady stream of visitors.
• Accessibility and Convenience : Properties that are easily accessible by major transport routes and close to essential amenities and attractions are more appealing to tourists. This accessibility enhances the property’s potential for higher occupancy rates.
• Versatility of Use : Properties that are suitable for both holiday letting and long-term leases provide a versatile investment option. This flexibility allows property owners to maximise occupancy and adapt to changing market conditions.
• Market Readiness : The current market conditions, characterised by a growing demand for vacation rentals, offer a prime opportunity for investors to enter the holiday property market or expand their existing portfolios.

Strategic Investment Considerations

To capitalize on the potential of holiday property investments, it is important to approach the market with a well-informed strategy:

• Market Research : A comprehensive analysis of local tourism trends and property market conditions is essential. This research should include factors like seasonal visitor patterns, average rental yields, and long-term property value trends.
• Professional Advice : Collaborating with experienced real estate agents, property managers, and tourism experts can provide valuable insights and guidance. These professionals can help identify the best investment opportunities and navigate the complexities of the property market. 
• Financial Planning : Understanding the financial aspects, including potential returns, expenses, and tax implications, is crucial. Investors should also consider the impact of interest rates and economic factors on their investments.

South Africa’s tourism sector is set for sustained growth, making it an opportune time for investments in holiday homes. With strategic planning and an understanding of market trends, investors can leverage these opportunities to achieve significant financial benefits. The current resurgence in tourism, supported by strategic government actions and international interest, underscores the potential for profitable investment in South Africa’s vibrant property market.

Travel stats: Travel SA Helper

The post South Africa’s booming Tourism sector: Strategic opportunities in holiday Property Investments appeared first on SA People .

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South Africa – The Adventure Capital of the World?

A A dventure Tourism is a major tourism drawcard in a traveller’s itinerary. South Africa fares well on the world stage, with leadership on adventure offerings among the top competing destinations across the globe.

South Africa’s tourism attractiveness and appeal have adventure and wildlife as key differentiators and seeks to lead in these offerings as measured in SA Tourism’s Brand Tracker.

Adventure and wildlife are key differentiators when it comes to South Africa’s attractiveness and appeal as a tourism destination.  Based on South African Tourism’s Brand Tracker these take the lead. Brand Tracker Survey is an international brand assessment to determine the appeal and demand creation within the markets where South African Tourism operates.

The full year 2023  (January to December ) report results show that South Africa is among the leading adventure destinations for travellers from across Europe, the Americas, Asia, and Africa. Brazil, Japan, the UK, Zambia, and Zimbabwe.

The United World Tourism Organisation (UNWTO) defines adventure tourism as; “a type of tourism which usually takes place in destinations with specific geographic features and landscape and tends to be associated with physical activity, cultural exchange, interaction and engagement with nature. This experience may involve some kind of real or perceived risk and may require significant physical and/or mental effort. Adventure tourism generally includes outdoor activities such as mountaineering, trekking, bungee jumping, rock climbing, rafting, canoeing, kayaking, canyoning, mountain biking, bushwalking, and scuba diving. Likewise, some indoor adventure tourism activities may also be practised.” [1]

How lucrative is adventure tourism?

Adventure tourists make up 8.8% of tourists to South Africa, which is 722,900 of the 8.2 million arrivals in 2023. Adventure tourists to South Africa stay five nights longer and spend almost three times more than the average tourist to South Africa. During this period, they stayed 19 nights on average, well over the 14 nights by all tourists. They spent R30 000 on average compared to the R11 800 spent by the average overall tourist.

Note: Adventure tourists refers to all international tourists who engaged in adventure activities as per the SA Tourism Departure Survey. All the tourists who did not engage in adventure activities are then compared to the adventure tourists for the analysis below.

Adventure tourists spending in paid accommodation is also lucrative; they spend on average 14 nights (compared to 6 nights spent by the average tourist) in paid accommodation. Adventure tourists to South Africa have a share of 23% of paid bednights.

Where are the adventure tourists from?

Europe provides the highest number of tourists travelling to South Africa for adventure travel (468,800 of the 722,900 overall). Norway, Switzerland, France, Sweden, and Germany are among the markets with the highest proportion of adventure travellers, and 14 of the top 15 adventure markets by incidence were in Europe. Overall, in 2023, almost two-thirds (65%) of adventure tourists in South Africa were from Europe, up from 60% pre-pandemic in 2019. Canada was the only non-European market in the top 15 and North America was the region supplying the second-highest number of adventure tourists (just over 107,000 arrivals and a share of 15%), followed by Africa with 77,400 tourists and a share of 11%. Asia, Australasia, the Middle East, and South America all combined, contribute just 10% of all adventure tourists.

Source: SA Tourism Departure Survey 2023

Despite the incidence or proportion of adventure tourists being dominated by Europe; the USA, Lesotho, Canada, and Australia have the 3 rd , 6 th , 9 th , and 10 th highest number of adventure tourists by sheer number of tourists. The US was behind the UK and Germany, and ahead of the Netherlands and France, which round out the top 5.

The proportion speaks to the share of adventure tourists per country while the volume speaks to the actual numbers. The volume is heavily influenced by the number of total arrivals from that country overall.

Note: As an example, Zimbabwe sent over 2.1 million tourists to South Africa but a lower proportion of that number would be adventure tourists (13,700 tourists which is an incidence or proportion of 0.06%) which is a low incidence but a high number compared to Belgium that sent about 46 350 tourists in 2023, of that 16,620 are adventure tourists and this is an incidence or proportion of over a third (36%).

Is adventure tourism growing?

Europe and Africa are key drivers of growth, and drivers of the recovery to 2019 levels with 101% and 90% recovery of adventure tourist volumes respectively. The markets leading the recovery were eSwatini (+332%), Russia (+246%), Namibia (+220%), UAE (+215%), and DRC (+208%). There are 6 other fully recovered markets, namely New Zealand, Uganda, Finland, Lesotho, Turkey, and Switzerland.

Adventure tourists are mostly first-timers, with this being true both pre-pandemic and in 2023 (59% compared to 67% in 2019). In 2023 the profile of adventure tourists was dominated by leisure tourists more than two-thirds of all adventure travel was for Holiday purposes and a further 18% were VFR (Visiting friends and relatives) tourists. Post-pandemic there has been a huge increase in adventure tourists over 35 years, from over a third (37%) in 2019 up to 41% in 2021, and then 49% in 2022, and finally 57% in 2023. The youth adventure market has consistently gotten smaller and there is an opportunity to target them with fresh experiences that augment technology and exploration within the destination.

Where in South Africa is adventure dominant?

For the period January to December 2023 Western Cape was s the adventure capital of South Africa with 85% of all the adventure tourists, an estimated 614 500 tourists and this represents a recovery of 82% of the numbers seen in 2019. The province collected 62% of the overall spend by adventure tourists. This is driven by the adventure tourists spending on average R22 200 leading to a total of R13.5 billion Northern Cape lead on average spend with R26 700 in 2023 (although the volume was low) more than three times the average spend pre-pandemic in 2019. Western Cape also saw the highest number of bed nights among the provinces with bed nights recovery in the market at 72%.

Definition: Bed nights: this is a measure of number of beds occupied.

The top attractions in the country overall for adventure tourists were V&A Waterfront, Camps Bay, Cape Point, Table Mountain, Clifton Beach, and Cango Caves and this speaks to the high proportion of adventure tourists visiting Western Cape. In fact, the top 13 attractions were within the Western Cape. Overall tourists mostly visit the same attractions however except for Malls, Museums, and Casinos; the adventure tourists are more inclined to these outdoor attractions. Outside of the Western Cape, Kruger National Park, Blyde River Canyon ‘God’s Window’ - Bourke’s Luck Potholes, Addo Elephant Park, and Storm’s River are the top 5 attractions. Hazyview, Bloukrans Bridge - Tsitsikamma Tree Top Canopy, and Tour of Soweto also feature

South Africa is well placed to lead in adventure tourism and the adventure tourist spend is higher, with these tourists staying longer and spending more than other tourists. While a lot of work has gone into profiling South Africa’s adventure offerings, there is an opportunity for the sector to elevate its marketing efforts to realise the full returns from this category of travellers. By making it prominent in the marketing materials we can draw more eyeballs and numbers to the destination. The destination has 3,000km of beach/shoreline [2] with the potential for a variety of tourist experiences including surfing, zip-lining, bungee jumping, kayaking and diving and much more. South Africa also has 14 561 named mountain peaks [3] and these enable the development of hiking, rock climbing, and mountain biking trails. All these natural endowments enable business and job creation opportunities that will attract more of the world to our destination and empower the citizens seeking to welcome them. Adventure tourism is the new gold, tourists across the globe are seeking experiences over products and prioritising their spending on unique and exciting activities, this trend has been gaining and will continue and allow the country to drive growth following full recovery from the pandemic.

Sources: SA Tourism Departure Survey 2023

SA Tourism Brand Tracker Survey Annual FY 2023 (Released Feb 2024)

[1] UNWTO Glossary of Tourism Terms; https://www.unwto.org/glossary-tourism-terms .

[2] SA Government; https://www.gov.za/about-sa/geography-and-climate#:~:text=South%20Africa%20occupies%20the%20most,Mozambique%20on%20the%20Indian%20Ocean .

[3] Peak Advisor; https://peakvisor.com/adm/south-africa.html#:~:text=Located%20at%20the%20southernmost%20tip,summit%20towering%20above%20Cape%20Town .

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South Africa's National Assembly Re-Elects Cyril Ramaphosa as President

South Africa's National Assembly Re-Elects Cyril Ramaphosa as President

South African President Cyril Ramaphosa casts his ballot in a vote for the speaker of parliament during the first sitting of the National Assembly following elections, at the Cape Town International Convention Center (CTICC) in Cape Town, South Africa June 14, 2024. REUTERS/Nic Bothma

CAPE TOWN (Reuters) - South African President Cyril Ramaphosa has been re-elected for a second term, having won a majority of votes in the National Assembly, the chief justice said on Friday.

Ramaphosa got 283 votes versus 44 for Julius Malema, the leader of the opposition Economic Freedom Fighters party.

Earlier in the day the Democratic Alliance party said it would vote for Ramaphosa as part of an agreement with the African National Congress to form a unity government.

(Reporting by Wendell Roelf; Writing by Nellie Peyton and Bhargav Acharya; Editing by Alexander Winning)

Copyright 2024 Thomson Reuters .

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Home » 50 years for South Africa’s National Arts Festival

50 years for South Africa’s National Arts Festival

The National Arts Festival will launch this Thursday, 20 June and this year the festival will be celebrating 50 years.

It’s been an incredible 50 years for the National Arts Festival, with 2024 marking five decades of creative freedom and definitive South African art.

The festival will run from 20 to 30 June in the small town of Makhanda (formerly Grahamstown) in the Eastern Cape, which has become the annual destination for established artists, new and emerging talent and the network of producers, writers and creators who make and present works on South Africa’s stages.

“It’s an honour to be staging this Festival fifty years after its first curtain was raised. Despite an always changeable, and often precarious, environment for the arts, the National Arts Festival has prevailed and evolved.” National Arts Festival CEO, Monica Newton said in a statement .

“This is testament to those who have steered the ship and our steadfast partners over the decades, but also reflects the extraordinary tenacity artists have brought to this Festival and country. 2024 is a significant year for our country in so many ways, and the National Arts Festival is pleased to be part of the celebrations of our 30 years of democracy, and to be contemplating what the next decade holds for us and the community we serve.” Newton added.

What’s on offer at the National Arts Festival in 2024?

This year’s festival promises to be one for the books, with almost 300 works and events on offer. Here’s what you can expect:

• Zoë Modiga (music),
• Darren English (jazz),
• MoMo Matsunyane (theatre),
• Stephané Conradie (visual art),
• Angel-Ho (performance art) and
• Lorin Sookool (dance)
• Sipho ‘Hotstix’ Mabuse will return to play live,
• Sello Maake KaNcube will perform The Suit,
• Napo Masheane will present Thaba Bosui: The Musical and,
• Brett Bailey will premiere The Stranger, with music composed by Nkosenathi Koela.
• the South African National Jazz Orchestra conducted by Mcoy Mrubatha,
• Eastern Cape’s Asanda Mqiki.
• and the National Youth Jazz Festival, which will see a line-up of experienced musicians such as Kesivan Naidoo, Sisonke Xonti and Siya Charles.

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South Africa legalises cannabis use. Will the rest of Africa follow?

It’s now legal for South Africans to grow and use cannabis. The next battle — making it legal to trade. A continent is watching.

On the eve of the May 27 general elections , which saw the ruling African National Congress lose its majority for the first time in 30 years of South African democracy, a major change to the country’s drug laws slipped through, barely noticed by most.

Just one day before the historic ballot, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act, making South Africa the first African nation to legalise the use of marijuana.

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The bill removes cannabis from the country’s list of outlawed narcotics, meaning adults are now free to grow and consume the plant (except in the presence of children). The bill also stipulates that those who broke the law by committing such deeds should have their records automatically wiped clean. However, it is unclear how this will take place or when and if any of the 3,000 people in prison for cannabis-related offences as of 2022 will be released.

But after years of campaigning and negotiations, activists say the fight is not over yet.

“[Ramaphosa] finally found his pen at last, and cannabis is no longer classified as a dangerous, dependence-producing substance in South Africa,” Myrtle Clarke, co-founder of Fields of Green for ALL, an NGO which campaigns for cannabis reform, told Al Jazeera from Johannesburg.

“Now we can move on to what to do about trade, which remains illegal.”

Unlike other countries where cannabis has been legalised , such as Malta, Canada and Uruguay, there is still no way to lawfully acquire it in South Africa as a casual smoker unless you grow it yourself. Selling cannabis remains illegal unless it is for medicinal purposes and has been prescribed by a doctor.

“What the bill effectively does is if for some reason you get caught with some amount of cannabis that a policeman thinks is too much for your personal use, you can’t be charged as a drug dealer,” Clarke explained.

In other words, it is theoretically fine to have a forest of pungent plants in your back yard, so long as you do not profit from it. Still, a huge grey market already exists.

The new legislation has been six years in the making. After a 2018 court ruling that private consumption of cannabis was constitutional, the government was told to prepare legislation which would legalise it within two years.

Since then, shops and dispensaries have been selling the drug under Section 21 of the Medicines Act, which allows for “unregistered medicines” if prescribed by a doctor. The 2018 ruling meant that cannabis could be included in this list of unregistered medicines.

“We don’t have any trouble from the cops at all,” the proprietor of one such dispensary in Durban told Al Jazeera on condition of anonymity.

“Only if you’re selling to underage kids, or you’re selling something other than weed, like some places sell shrooms [magic mushrooms]. Other than that, we actually have some cops who come here to smoke and they actually protect us.”

However, uncertainties in the law have led to a few of these dispensaries and “private members’ clubs” (operating under the principle of “private consumption”) being targeted by authorities. The Haze Club (THC) in Johannesburg, a collective of cannabis growers operating on private premises, for example, was raided in 2020, and legal proceedings continue.

“These dispensaries are everywhere in South Africa,” added Charl Henning, another member of Myrtle’s team.

As speculation over this legislation picked up pace late last year, more and more have opened.

“They’ve mushroomed up in the last six months: there’s been more clubs and shops opening than ever before, they’re literally saturating the market, and now they don’t have a law to arrest them on. Trade is everywhere already. We just need to regulate it.”

‘Dagga’: An old tradition

Southern Africa has one of the world’s longest histories with cannabis, which was likely introduced to the continent by medieval Arab merchants. By the time Dutch settlers landed in what is now Cape Town in the mid-17th century, they found the native Khoisan people puffing on the peculiar plant, which the Khoisan (and consequently the Afrikaners) called “dagga” (pronounced “da-kha”).

The weed had a variety of uses: Zulu warriors smoked it to ease their nerves before battle and it provided pain relief for Sotho women during childbirth. European settlers even began cultivating the crop to keep their non-white workforce “happy”, though few indulged themselves.

The colonists did not particularly care about the natives smoking dagga out in the bush, but in the 19th century, Indian labourers, locally known as coolies, were brought over to work on sugarcane plantations. The settlers started to believe that ganja, the word for cannabis in South and Southeast Asia, was making them “lazy and insolent”.

Dagga had not been an issue before this, but the Indians were living in closer proximity to white settlers and the smoke was wafting through their windows, so an 1870 law banned the selling of dagga to coolies.

Anxiety about the use of dagga mounted in the 1900s as Black South Africans arrived en masse in urban centres from the countryside and fears grew that the white working class, too, would “fall to the water-pipe … lying amid a strews of coloured people and criminals who batten on them as useful mediums for criminal acts”, as The Sunday Times put it in 1911.

And so, in 1922, South Africa imposed a nationwide ban on selling, growing and possessing the plant, and called for it to be outlawed globally.

After World War II, the National Party came to power and imposed apartheid. White South Africans of Dutch and British descent were afforded huge privileges over the rest of the population, who were segregated and denied the right to vote, own land or intermarry.

In 1971, the apartheid government passed the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, which it boasted was the toughest drug law in the Western world ( at the time , South Africa was an ally against communism in the Cold War and the apartheid regime was often considered part of the West). Its effect was most keenly felt in the segregated townships, where arrestees could risk jail spells of two to 10 years for possession of a single marijuana joint.

However, rural areas were largely left alone, especially in the Eastern Cape where, in the absence of basic public services or opportunities, marijuana became a pillar of the local economy, forming what came to be known as South Africa’s “dagga belt”.

The 1971 law was replaced by the 1992 Drugs and Drug Trafficking Act, and although apartheid ended not long after, the new government kept the same legal framework. Police helicopters did flybys over the dagga fields of the Eastern Cape, spraying them with toxic herbicides.

Legalisation litigation

This so-called war on drug raged until 2017, when the Western Cape High Court ruled on a case brought by Rastafarian lawyer Ras Gareth Prince, who had been arrested with his family for growing dagga in 2012. The court declared that the prohibition violated his right to privacy, a claim ultimately upheld by the Constitutional Court in 2018. Arrests plummeted over the next few years, and in 2023, the South African police officially ordered its officers to stop making “pot busts”.

The court set the government a two-year deadline to rewrite its laws accordingly. But despite repeated promises by President Ramaphosa that South Africa would soon reap the rewards of a new industry, the deadline was pushed back, again and again, before finally being written into law last week.

It is imperfect, but Myrtle considers it a start. “We’ve had such a fight on our hands with the [cannabis] community because there’s some people that have just decided [the new law is] just far too flawed,” she said.

“Over the last three or four years since they’ve published the first draft of the bill, there’s been like five different versions. The last version of the bill was half the length and 80 percent better than the version before it. So we just decided to accept it with all its flaws, instead of having to go back to these parliamentary portfolio committee meetings where you’re given 15 minutes to state your case. We didn’t really win in the end, but we got the bill published which means we can move forward.”

Clarke says the fight now is to actually regulate trade. This means overcoming perceptions among conservative sections of society that cannabis is still a dangerous drug. Clarke accuses lawmakers of ignorance and pandering to long-held prejudices.

“We always laugh and say the government thinks we smoke the leaves [which has no effect], but it’s true,” she says.

But Steve Rolles, a policy analyst at the UK-based Transform Drug Policy Foundation, believes South Africa’s cautious approach might help it avoid a situation like Thailand’s, where a backlash is threatening to undo the reforms of recent years.

Thailand removed cannabis from its Narcotics Act in 2022, and thousands of quasi-legal dispensaries opened across Bangkok and the tourist hotspots overnight. For some, it was too much, too fast. A moral panic ensued, and lawmakers are now threatening a U-turn .

“It was the lack of planning for regulated sales that created the chaotic retail market there – and in turn provoked the backlash,” he explained.

“The more considered regulatory proposals in South Africa, that do not allow commercial sales, mean that we will not see the same problems Thailand has experienced.”

A domino effect?

“This is a first for Africa so we will need to wait and see how well it works,” Rolles says.

While a few African countries like Malawi have legitimised medical marijuana, and others such as Ghana ended penalising minor quantities for personal consumption, South Africa is the first to allow recreational use.

Elsewhere on the continent, Morocco allowed the use of cannabis for medical and industrial purposes, such as the use of hemp in fabrics, in 2021. But with a centuries-long tradition of smoking for relaxation, full legalisation is now very much part of the public debate, with cannabis farmers and investors holding public debates with MPs on the issue.

One country closely watching the developments in South Africa is Eswatini, formerly known as Swaziland, a tiny landlocked kingdom surrounded by South Africa and Mozambique. Cannabis, locally known as insangu, is currently banned there under a British colonial-era law, which the government is now considering revising.

For decades, smallholder farmers in the kingdom have survived by illicitly exporting insangu, including a prized strain known as Swazi Gold. But now, developments in South Africa are threatening to shut them out of their livelihoods.

“We believe that the legalisation of cannabis in South Africa has created unequal economic participation in one of Africa’s biggest markets and thus will result in our local growers losing traditional cultivation practices and the loss of our indigenous genetics [strains],” said Trevor Shongwe of the Eswatini Hemp and Cannabis Association (EHCA), an informal union of cannabis growers.

While the business itself remains underground in South Africa, lifting restrictions on home cultivation has given growers the opportunity to produce potent strains on an industrial scale, inevitably reappearing in dealers’ inventories and squeezing out Swazi produce.

“Most of these rural people regard cannabis as the number one cash crop, which offers them means of survival in poverty-stricken, poor, rural Eswatini.”

Shongwe believes the only way out is for Eswatini to legitimise its domestic market and trademark its Swazi Gold strain, the same way that tequila and mezcal can only come from Mexico.

“There are currently no legal pathways to use for such production at the moment. Our local rural cannabis legacy farmers can thrive economically only when and if cannabis can be legalised in Eswatini as well as legal reforms aimed at empowering them are put into action.”

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• South Africa: 2024 tax filing deadlines for individuals

The South African Revenue Service published a notice announcing that the 2024 tax season for individuals opens July 15, 2024.

A notice announcing that the 2024 tax season for individuals opens July 15, 2024.

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The South African Revenue Service (SARS) on May 31, 2024, published a notice announcing that the 2024 tax season for individuals opens July 15, 2024.

The notice lists the persons who are required (and who are not required) to submit tax returns, as well as the periods within which the tax returns are due for the 2024 year of assessment (period March 1, 2023, to February 29, 2024):

• For non-provisional taxpayers, on or before October 21, 2024
• For provisional taxpayers, on or before January 20, 2025

Read a  June 2024 report  prepared by the KPMG member firm in South Africa

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