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June 2010
ROAD ACCIDENT FUND AMENDMENTS
 
Twenty one months after the Road Accident Fund Amendment Bill was passed into legislation, it appears as though little has changed and travellers on South Africa's roads, specifically in the tourism industry, still have reason for concern.

Unconstitutional
On 31 March 2010, the North Gauteng High Court dismissed an application by various industry stakeholders to have the RAF Amendments declared unconstitutional. The specific section, which is causing the controversy is Section 21, which abolishes the accident victim's common law right to claim damages for his or her personal injuries from the wrongdoer.

Strong Recommendation
It is now evident that this matter will need to go to the Constitutional Court. In the meantime, SATIB Risk Solutions' MD Gavin Courtenay, is strongly recommending that his clients maintain their Passenger Liability insurance cover. "It could happen that you or one of your employees causes a major motor vehicle accident where several people are severely injured. This could result in a multi-million Rand claim, which you would have to settle personally."

Wait for Findings
It is hoped that the Constitutional Court will find Section 21 unconstitutional and that accident victims will retain their common law right to sue the wrongdoer. Wayne Forrester of Savage, Jooste and Adams Attorneys says that "It is important not to underestimate the number of motor vehicle accidents and the claims that arise from them. The Pretoria High Court sees 75 personal injury, motor vehicle related cases on a daily basis."

Local Tourism Operators
What is of greater concern for local tourism operators is that European legislation such as the Package Travel, Package Holidays and Package Tour Regulations of 1992 state that accident victims injured in a foreign country whilst on holiday can claim against their European tour organiser.

This means that we are likely to see more claims being made against SA operators as foreign tour operators try to recover payments they have made as claims to accident victims in Europe.

Contact: Des Langkilde | SATIB
Office: 0861 728 4248

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June 2010
MITIGATE YOUR RISKS DURING THE 2010 WORLD CUP
 
With hundreds of thousands of foreign visitors pouring into the country from the end of this month, it is well worth examining your risks and attempting to limit them.

Threat to Liability
Many tourism and hospitality operators would like to believe that incidents are few and far between but SATIB's 24 hour Crisis Call facility itself manages at least thirty incidents a day. The threat of liability exposure is constant and with the influx of tourists, this threat will be even bigger.


Basic Steps to Keeping Guest Safe
Guests believe that they are paying for the privilege of being safe.

There are six basic steps that can make your guest's environment safer - they are:

1. Induction of staff -
 
All staff need to be familiar with their working environment and procedures. New staff should be given an induction pack which should include relevant safety and emergency procedures.
Walking through the establishment and operation and being shown all of the safety aspects is recommended.
All staff should be aware of potential dangers within each department, such as front of house, back of house, housekeeping, etc
2. Guest orientation and indemnity -
 
Guests should be given a quick orientation talk on their way to their rooms. This should not be an alarmist list of do's and don'ts but just a highlighting of potential dangers.
It is a good idea to put together a standard orientation chart and list of emergency procedures for each guest.
3. Conduct of activities -
 
Briefings are a must, regardless of whether the guest has done the activity before.
4. Risk focus - risk management should be ongoing.
 
Staff should always be on the lookout for anything dangerous (e.g. broken ballistrade) and they should report it to management immediately.
Safety signs should be used where applicable and unauthorised people should not be allowed into work areas.
5. Safety and emergency signs and numbers -
 
These enable staff and guests to act quickly should an emergency occur. A compulsory sign should be the one at the entrance to the establishment or operation with a disclaimer or waiver.
A sign that highlights potential hazards is also a good idea - this could include environmental as well as safety issues.
6. Adapting safety procedures -
 
Go through your workplace and determine what type of injuries will occur.
Put a plan in place and inform all staff of their roles and responsibilities within the plan.

Contact: Des Langkilde | SATIB
Office: 0861 728 4248
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