An important announcement in the Tourism Industry has once again brought to light a very important aspect of travelling South of Africa feels is important for all guests and holiday makers to its properties to know.
As of 26 May 2014, the Immigration Act 13 of 2002 (the “Act”) has been amended. Section 40(1) of the Act, read together with Regulation 36, states that all hotels and motels must keep a register containing details of all persons who are provided with lodging or sleeping accommodation.
All guests are required to provide positive ID when checking into any accommodation establishment and that a copy of the ID document needs to be taken by the hotel for purposes of this legislation. Despite the push-back from the public, according to Section 40(1), both parties (establishment and guest) can now be penalised for non-compliance.
South of Africa abides by this legislation and thanks all its guests for their cooperation. The requirement for positive ID is already imposed by airlines, car rental companies, booking agents, ticketing agents etc.
REQUIREMENTS & MORE INFORMATION ABOUT THE ACT.
The Register must, in respect of a lodger, contain:
1. his or her full names and surname;
2. a copy of his or her identification document or passport;
3. his or her residence status in the Republic; and
4. his or her normal residential address;
5. his or her signature.
Under the Act each lodger must sign the register and furnish the prescribed particulars regarding himself or herself.
Penalties for non-compliance, both for the guest and the hotel / motel, include:
1. Guilty of an offence / crime;
2. Fine; and/or
3. Imprisonment for a period not exceeding 12 months.
Extracts from the Immigration Act and Regulations:
Section 40
40. Keeping of registers of lodgers by certain persons
(1) The person in charge of any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for payment or reward shall, if those premises fall within a prescribed class, in the prescribed manner keep a register of all persons who are provided with lodging or sleeping accommodation thereon, and every such person shall sign the register and furnish therein the prescribed particulars regarding himself or herself.
Regulation 36
Keeping of registers of lodgers by certain persons
36. (1) The classes of premises contemplated in section 40(1) of the Act are-
(a) hotels and motels;
(b) boarding houses and lodges;
(c) guest houses; and
(d) apartment buildings.