The Tourism Sector Charter was gazetted as a Sector Code in May 2009 in terms of section 9(1) of the BBBEE Act. This means that it now has the same status as the BEE Codes and all companies operating within this sector need to comply with this Code.

In the preamble of the Code government expressed its awareness of the need to align the Tourism BEE Charter with the Codes and it wishes to empower black South Africans within the sector.

All stakeholders within the industry are committed to the empowerment and transformation of the sector and they will work together to ensure that the opportunities and benefits are extended to black people.

The two main challenges facing the Tourism Sector are:

• The need to become more globally competitive; and
• The need to include more black people in the Tourism Sector.

The stakeholders believe that these two challenges are fundamentally linked and they need to commit to both. They are aware of the fact the empowerment and transformation of the sector will contribute to growth and sustainability.

The Tourism Empowerment Council of SA (TECSA) was established to further the objectives of transformation within the Tourism Sector.
TECSA was mandated to align the Tourism Charter to the Generic Codes.
The Tourism Sector Codes are the only basis for the application and recognition of B-BBEE initiatives in the tourism sector.
Where there is any conflict between the two Codes the dti’s Codes of Good Practice take precedence.

The Sector Code applies to all privately owned companies within the sector, as well as to all parts of the value chain in that sector, including:

• Accommodation
• Hotels;
• Resort properties and timeshare;
• Bed and breakfasts (B & Bs);
• Guesthouses;
• Game lodges; and
• Backpackers and hostels.

Hospitality and related services

• Restaurants (not attached to hotels);
• Conference venues (not attached to hotels);
• Professional catering;
• Attractions; and
• Consulting and professional services companies (within the sector).

     Travel distribution systems

• Tour wholesalers;
• Tour operators;
• Travel agents;
• Tourist guides;
• Car rental companies; and
• Coach operators.

In addition, the sector code is binding on all organs of state and public entities, organised labour, and communities involved with or interested in the Tourism Sector.

The eligibility of enterprises is determined by turnover.

The Generic Scorecard

The Black Ownership Weighting

Management Control Weightings

Employment Equity Weightings

Skills Development Weightings

Preferential Procurement Weightings

Enterprise Development Weightings

Socio-Economic Development Weightings

Employees with no prior working experience means employees who have no prior formal employment experience prior to joining the enterprise. Formal employment does not include learnerships, traineeships or short-term and temporary assignments.

SED Contributions refers to spend in monetary terms or employee time contributions, and relates solely to initiatives targeted for the benefit of black people, but is not limited to the following initiatives:

• Education programmes;
• Community programmes;
• Job creation schemes/ initiatives;
• Health and wellness programmes;
• Conservation awareness programmes; and
• Participation in marketing initiatives to develop the local black tourist market.

TOMSA refers to Tourism Marketing South Africa.
TOMSA Levy Collectors are tourism enterprises that are registered to raise funds on behalf of the trust.
The brief overview about TOMSA and levy collection below was extracted from their website, www.tomsa.co.za:

BENEFITS OF TOMSA

TOMSA has created a practical means for an effective partnership with government through SA Tourism. SA Tourism's core business is to increase tourism flows and build the South African tourism brand in international markets. The following benefits accrue to the industry through this public/private partnership:

• The industry is represented on SA Tourism's Marketing Committee to advise on marketing plans. Industry representation on the Marketing Committee is nominated through TBCSA
• Allows the private sector to be actively involved in the planning, strategy and implementation of South Africa's international marketing activities.
• Allows the private sector to become involved in co-operative marketing.
• Facilitates and assists collectors to become involved in International Marketing.
• Creates a coordinated and broader marketing effort.
• South Africa and the tourism industry as a whole benefits as international best-practice has shown that a successful international marketing and branding campaign gives everyone an opportunity to benefit.

As a TOMSA Levy Collector you:

• are able to provide your product marketing material for distribution by South African Tourism internationally (prior arrangements required)
• are given preferential profiling on the SA Tourism website provided you are graded with the Tourism Grading Council of SA
• are given preference as a possible co-exhibitor at various trade exhibitions according to SA Tourism's selection criteria
• are part of the preferential pool of offerings considered when SA Tourism host international guests for familiarization trips
• have the opportunity on a monthly basis to brief the South African Tourism call centre staff on your product offering (booking essential)
• to partake in the annual TOMSA Lekgotla with SA Tourism to give input into the marketing strategies and plans once a year
• will be the first to receive information on SA Tourism's Joint Marketing Agreements from which you can leverage your own marketing activities
• to receive feedback on SA Tourism's international and local marketing activities on a quarterly basis
• will be invited to TBCSA workshop to contribute insight and knowledge on key macro issues
• will receive a monthly member update on TOMSA issues and tourism industry related matters
• will be invited to attend the annual general meeting of TOMSA and have the opportunity to nominate and vote for TOMSA Directors every two years
• collectors are entitled to use the TOMSA logo as an endorsement on their marketing collateral, websites and advertising campaigns
• listing and link on the TOMSA website - collectors information and links to website are provided on this site
• you will receive a TOMSA pack on registration this includes the following; certificate, tent card, consumer message, contact card with registration details, manual - how to use.
• receive a three percent score on the Tourism BEE scorecard

In consultation with tourism product owners, the level of the levy was agreed. The accommodation sector agreed on a 1% addition to all accounts for the accommodation portion. Car hire companies agreed to 1% addition to the daily/weekly rate. Coach operators agreed on a set amount per passenger. Other providers collect by other agreed methods.
TBCSA was appointed as the collecting agency. A pro-forma invoice is raised for each levy collector on a monthly basis, to be remitted to TBCSA with a breakdown of actual figures.

The QSE Scorecard

The Ownership Scorecard

Management Control Scorecard

Employment Equity Scorecard

Skills Development Scorecard

Preferential Procurement Scorecard

Enterprise Development Scorecard

Socio-Economic Development Scorecard