A democratic society is basically one where every citizen has the right to vote in a secret ballot for the people who would govern the country. Once a democratic government has been elected, it also becomes the legislative authority of the country. Citizenship then implies a duty to uphold the law.
In South Africa the Constitution is the highest law of the land, and no law or government decree may supersede it. It is implemented by an independent, 11 member Constitutional Court.
The Constitution provides for a non-racial multiparty democracy, three tiers of government and a justifiable Bill of Human Rights.
Socioeconomic rights such as housing, health care, access to food and water, social security and basic education are also recognised.
The Constitution makes the Bill of Human Rights “horizontal” in its application, i.e. it binds private persons as well as the State. It reaffirms the values of human dignity, equality and freedom, but places the onus on the State to protect all human rights.
Everyone is equal before the law, and the State may not unfairly directly or indirectly discriminate against anyone on grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
It also determines that everyone has the right to life, the freedom and security of person, the freedom of thought, association and movement. Political rights are entrenched, as is the right to fair labour practices, freedom of trade, occupation and profession.
Everyone has the right to an environment not harmful to his or her health, and therefore the environment must be protected.
Administrative action must be just, and there must be access to courts for a fair hearing. The Bill makes provision for strict support for the rights of accused persons.
Only a State of Emergency may limit the rights summarised above under strictly prescribed circumstances.
The principles of democracy obviously play an important role in the tourism environment. The rights of both the tour operator and the driver/guide are protected by law, but at the same time it places a responsibility on both parties to comply with regulations stipulated in laws like the Labour Relations Act, the Employment Equity Act, the Basic Conditions of Employment Act, the Occupational Health and Safety Act, the Machinery and Occupational Safety Act, and the Compensation for Occupational Injuries and Diseases Act.
In very broad terms the onus rests on the employer (tour operator) to provide sound basic conditions of employment (e.g. no unfair dismissals, reasonable working hours, training, equity and empowerment where required, etc.), whilst at the same time he has to provide a safe working environment for his employees and clients (e.g. safe vehicles, safe itineraries, etc.). He is also compelled to make provision for prescribed insurance against any mishaps.
Employees (driver/guides), on the other hand, must carry out the legitimate instructions of their employer, yet must also no jeopardise their own health or that of colleagues or clients (tourists) in doing so. They must, at all times, evaluate whether they meet safety standards or not.
In South Africa the Constitution is the highest law of the land, and no law or government decree may supersede it. It is implemented by an independent, 11 member Constitutional Court.
The Constitution provides for a non-racial multiparty democracy, three tiers of government and a justifiable Bill of Human Rights.
Socioeconomic rights such as housing, health care, access to food and water, social security and basic education are also recognised.
The Constitution makes the Bill of Human Rights “horizontal” in its application, i.e. it binds private persons as well as the State. It reaffirms the values of human dignity, equality and freedom, but places the onus on the State to protect all human rights.
Everyone is equal before the law, and the State may not unfairly directly or indirectly discriminate against anyone on grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
It also determines that everyone has the right to life, the freedom and security of person, the freedom of thought, association and movement. Political rights are entrenched, as is the right to fair labour practices, freedom of trade, occupation and profession.
Everyone has the right to an environment not harmful to his or her health, and therefore the environment must be protected.
Administrative action must be just, and there must be access to courts for a fair hearing. The Bill makes provision for strict support for the rights of accused persons.
Only a State of Emergency may limit the rights summarised above under strictly prescribed circumstances.
The principles of democracy obviously play an important role in the tourism environment. The rights of both the tour operator and the driver/guide are protected by law, but at the same time it places a responsibility on both parties to comply with regulations stipulated in laws like the Labour Relations Act, the Employment Equity Act, the Basic Conditions of Employment Act, the Occupational Health and Safety Act, the Machinery and Occupational Safety Act, and the Compensation for Occupational Injuries and Diseases Act.
In very broad terms the onus rests on the employer (tour operator) to provide sound basic conditions of employment (e.g. no unfair dismissals, reasonable working hours, training, equity and empowerment where required, etc.), whilst at the same time he has to provide a safe working environment for his employees and clients (e.g. safe vehicles, safe itineraries, etc.). He is also compelled to make provision for prescribed insurance against any mishaps.
Employees (driver/guides), on the other hand, must carry out the legitimate instructions of their employer, yet must also no jeopardise their own health or that of colleagues or clients (tourists) in doing so. They must, at all times, evaluate whether they meet safety standards or not.