BILL
To provide for an integrated, co-ordinated and common approach to disaster management; for a disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, a rapid and effective response to disasters and post-disaster recovery; for the establishment of national, provincial and municipal disaster management centres; and to provide for incidental matters.
BE IT ENACTED
by the Parliament of the Republic of South Africa, as follows:TABLE OF CONTENTS
CHAPTER 1
INTER-GOVERNMENTAL STRUCTURES AND POLICY FRAMEWORK
CHAPTER 2
NATIONAL DISASTER MANAGEMENT
Part 1: National Disaster Management Centre
Administration
Functions and powers of National Centre
Part 2: National government’s duties and powers
CHAPTER 3
PROVINCIAL DISASTER MANAGEMENT
Part 1: Provincial disaster management policy
Part 2: Provincial disaster management centres
Part 3: Provincial government’s duties and powers
CHAPTER 4
MUNICIPAL DISASTER MANAGEMENT
Part 1: Municipal disaster management policy
Part 2: Municipal disaster management centres
Part 3: Duties and powers of municipalities and municipal entities
CHAPTER 5
FUNDING OF POST-DISASTER RECOVERY AND REHABILITATION
CHAPTER 6
MISCELLANEOUS
Definitions
1. In this Act, unless the context indicates otherwise –
"Department" means the department of state referred to in section 8 (2);
"delegation", in relation to a duty, includes an instruction to perform the duty,
and "delegate" includes a corresponding meaning;
"disaster" means a progressive or sudden, widespread or localised, natural or human-caused occurrence which –
(a) causes or threatens to cause –
(i) death, injury or disease;
(ii) damage to property, infrastructure or the environment; or
(iii) disruption of a community; and
(b) is of a magnitude that exceeds the ability of those affected by the disaster to cope with its effects using only their own resources;
"disaster management" means a continuous and integrated multi-sectoral, multi-disciplinary process of planning, and implementation of measures, aimed at –
(a) preventing or reducing the risk of disasters;
(b) mitigating the severity or consequences of disasters;
(c) emergency preparedness;
(d) a rapid and effective response to disasters; and
(e) post-disaster recovery and rehabilitation;
"district municipality" means a municipality that has municipal executive and legislative authority in an area that includes more than one municipality, and which is described in section 155 (1) of the Constitution as a category C municipality;
"emergency preparedness" means a state of readiness which enables organs of state, and other institutions involved in disaster management, the private sector, communities and individuals to mobilise, organise, and provide relief measures to deal with an impending or current disaster or the effects of a disaster;
"integrated development plan", in relation to a municipality, means a plan envisaged in section 25 of the Local Government: Municipal Systems Act, 2000 (Act No 32. of 2000);
"local disaster" means a disaster classified as a local disaster in terms of section 23;
"local municipality" means a municipality that shares municipal executive and legislative authority in its area with a district municipality within whose area it falls, and which is described in section l55 (1) of the Constitution as a category B municipality;
"MEC" means a member of the Executive Council of a province;
"metropolitan municipality" means a municipality that has exclusive executive and legislative authority in its area, and which is described in section l55 (1) of the Constitution as a category A municipality;
"Minister" means the Cabinet member designated in terms of section 3 to administer this Act;
"mitigation", in relation to a disaster, means measures aimed at reducing the impact or effects of a disaster;
"municipal disaster management centre" means a centre established in the administration of a municipality in terms of section 42;
"municipal entity" means a municipal entity as defined in section 1 the Local
Government: Municipal Systems Act, 2000;
"municipal legislation" means municipal by-laws;
"municipal manager" means a person appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
"municipal organ of state" means –
(a) a municipality;
(b) a department or other administrative unit within the administration of a municipality, including an internal business unit referred to in section 76 (a) (ii) of the Local Government: Municipal Systems Act, 2000; or
(c) a municipal entity;
"national disaster" means a disaster classified as a national disaster in terms of
section 23;
"National Centre" means the National Disaster Management Centre established by section 8 (1);
"national disaster management framework" means the national disaster management framework established in terms of section 5;
"national organ of state" means a national department or national public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
"organ of state" means a national, provincial or municipal organ of state;
"post-disaster recovery and rehabilitation" means efforts, including development, aimed at restoring normality in conditions caused by a disaster;
"prescribe" means prescribe by regulation in terms of section 54;
"prevention", in relation to a disaster, means measures aimed at stopping a disaster from occurring or preventing an occurrence from becoming a disaster;
"provincial disaster" means a disaster classified as a provincial disaster in terms of section 23;
"provincial disaster management centre" means a centre established in the administration of a province in terms of section 29 (1);
"provincial organ of state" means a provincial department or provincial public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
"response", in relation to a disaster, means measures taken during or immediately after a disaster in order to bring relief to people and communities affected by the disaster;
"statutory functionary" means a person performing a function or exercising a power assigned to that person by national, provincial or municipal legislation;
"this Act" includes any regulations made in terms of section 54.
Application of Act
2. (1) This Act does not apply to an occurrence falling within the definition of "disaster" in section 1 –
(a) if, and from the date on which, a state of emergency is declared in terms of the State of Emergency Act, 1995 (Act No. 86 of 1995), to deal with that occurrence; or
(2) The Minister may issue guidelines to disaster management centres on the
categories of occurrences which are excluded from the application of this Act in terms of subsection (1) (b).
(3) If a province implements provincial legislation regulating disaster management in the province which is inconsistent with this Act, this Act applies to that province to the extent only that this Act prevails over such provincial legislation in terms of section 146 of the Constitution.
Administration of Act
3. This Act is administered by a Cabinet member designated by the President.
CHAPTER 1
INTER-GOVERNMENTAL STRUCTURES AND POLICY FRAMEWORK
Inter-governmental Committee on Disaster Management
4. (1) The President must appoint an Inter-governmental Committee on Disaster Management consisting of –
(a) Cabinet members involved in disaster management or the administration of legislation referred to in section 2 (1) (b);
(b) members of provincial Executive Councils involved in disaster management in the provinces; and
(c) representatives of organised local government.
(2) The Minister is the chairperson of the Committee.
(3) The Committee must advise and make recommendations –
(a) to the Cabinet on issues concerning disaster management; and
(b) on the establishment of a national framework for disaster management aimed at ensuring an integrated and common approach to disaster management in the Republic by all national, provincial and municipal organs of state, statutory functionaries, non-governmental institutions involved in disaster management, the private sector, communities and individuals.
National disaster management framework
5. (1) The Minister, by notice in the Government Gazette –
(a) must establish a national disaster management framework taking into account any recommendations of the Inter-governmental Committee on Disaster Management in terms of section 4; and
(b) may from time to time amend the national disaster management framework.
(2) Before establishing or amending the national disaster management
framework, the Minister must publish particulars of the proposed framework or
amendment in the Government Gazette for public comment.
Contents of national disaster management framework
6. The national disaster management framework must outline a coherent,
transparent and inclusive policy on disaster management appropriate for the Republic as
a whole with a proportionate emphasis on disasters of different kinds, severity and
magnitude that occur or may occur in Southern Africa, and must –
(a) guide the development and implementation of the concept of disaster management as envisaged by this Act;
(b) establish prevention and mitigation as the core principle of the disaster management policy;
(c) facilitate –
(i) South Africa’s co-operation in international disaster management;
(ii) regional co-operation in disaster management in Southern Africa; and
(iii) the establishment of joint standards of practice;
(d) give effect to the application of co-operative governance on issues concerning disasters and disaster management among the spheres of government and –
(i) determine the relationship between the sphere of government exercising primary responsibility for the co-ordination and management of a disaster in terms of sections 26 (1), 39 (1) and 50 (1) or (2) and those spheres of government performing supportive roles;
(ii) allocate specific responsibilities in this regard to the different spheres;
(e) guide the development and implementation of disaster management within national, provincial and municipal organs of state on a cross-functional and multi-disciplinary basis and allocate responsibilities in this regard to different organs of state;
(f) facilitate –
(i) the involvement of the private sector, non-governmental organisations, communities and volunteers in disaster management; and
(ii) partnerships in this regard between organs of state and the private sector, non-governmental organisations and communities;
(g) provide incentives for disaster management capacity-building and training; and
(h) provide a framework within which organs of state may fund disaster management, including grants to contribute to post-disaster recovery and rehabilitation and the payment of compensation to victims of disasters and their dependents.
National Disaster Management Advisory Forum
7. (1) The Minister must establish a National Disaster Management Advisory
Forum consisting of –
(a) the Head of the National Centre;
(b) a senior representative of each national department whose Minister is a member of the Inter-governmental Committee on Disaster Management, designated by that Minister;
(c) a senior representative of each provincial department whose MEC is a member of that Committee, designated by that MEC;
(d) representatives of organised local government, designated by organised local government;
(e) the representatives of other disaster management role players designated by the Minister, which may include –
(i) organised business;
(ii) the Chamber of Mines;
(iii) organised labour;
(iv) the insurance industry;
(v) religious and welfare organisations;
(vi) medical, para-medical and hospital organisations;
(vii) organisations representing the disaster management professions in South Africa;
(viii) other relevant non-governmental organisations which may include international organisations and relief agencies;
(ix) statutory bodies regulating safety standards in particular industries;
(f) experts in disaster management designated by the Minister; and
(g) persons co-opted by the Forum for a specific period or specific discussions.
(2) The Head of the National Centre is the chairperson of the Forum.
(3) The Forum is a body in which national, provincial and local government and other disaster management role players consult, and co-ordinate their actions, on matters relating to disaster management, and may, in performing this function –
(a) make recommendations concerning the national disaster management framework to the Inter-governmental Committee on Disaster Management; and
(b) advise any organ of state, statutory functionary, the private sector, non-governmental organisation or community on any matter relating to disaster management.
CHAPTER 2
NATIONAL DISASTER MANAGEMENT
Part 1: National Disaster Management Centre
Establishment
8. (1) A National Disaster Management Centre is hereby established as an
institution within the public service.
(2) The National Centre forms part of and functions within a department of
state for which the Minister is responsible.
Objective
9. The objective of the National Centre is to promote an integrated and co-ordinated
system of disaster management, with a special emphasis on prevention and mitigation,
by national, provincial and municipal organs of state, statutory functionaries, other
role players involved in disaster management and communities.
Administration
Appointment of Head
10. (1) The Minister must appoint a person as the Head of the National Centre
subject to subsection (2) and legislation governing the public service.
(2) A person appointed as the Head of the National Centre holds office in the
Department on terms and conditions set out in a written employment contract which must
include terms and conditions setting performance standards.
Acting Head
11. When the Head of the National Centre is absent or otherwise unable to perform
the functions of office, or during a vacancy in the office of Head of the National Centre,
the Director-General of the Department may designate another person in the service of
the Department to act as Head of the Centre.
Responsibilities of Head
12. (1) The Head of the National Centre –
(a) is responsible for the performance by the Centre of its functions and the
exercise of its powers; and
(b) takes all decisions of the Centre in the performance of its functions and the
exercise of its powers, except those decisions of the Centre taken in consequence
of a delegation or instruction in terms of section 14.
(2) The Head of the National Centre performs the functions of office subject
to section 15 (3).
Staff
13. (1) The staff of the National Centre consists of –
(a) the Head of the Centre; and
(b) persons in the service of the Department designated by the Director-
General of the Department for the work of the Centre.
(2) An employee of an organ of state or other organisation may be seconded to the National Centre by agreement between the Director-General of the Department and that organ of state or organisation.
(3) Persons seconded to the National Centre perform their duties of office subject to the control and directions of the Head of the Centre.
Delegation
14. (1) The Head of the National Centre may delegate, in writing, any of the
powers or duties entrusted to the Centre in terms of this Act to–
(a) a member of the staff of the Centre; or
(2) A delegation in terms of subsection (1) –
(a) is subject to the limitations or conditions that the Head of the National Centre
may impose; and
(b) does not divest the Head of the Centre of the responsibility concerning the
exercise of the delegated power or the performance of the delegated duty.
(3) The Head of the National Centre may confirm, vary or revoke any decision taken in consequence of a delegation in terms of subsection (1), provided that no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
Functions and powers of National Centre
General functions and powers
15. (1) The National Centre must, subject to the other provisions of this Act, do
all that is necessary or expedient to achieve its objective mentioned in section 9, and, for
this purpose –
(a) must specialise in issues concerning disasters and disaster management;
(b) must monitor whether organs of state and statutory functionaries
comply with this Act and the national disaster management framework, including
the monitor of progress with post-disaster recovery and rehabilitation;
(c) must act as a repository and conduit for information concerning disasters,
impending disasters and disaster management;
(d) may act as an advisory and consultative body on issues concerning disasters and
disaster management for –
(i) organs of state and statutory functionaries;
(ii) the private sector and non-governmental organisations;
(iii) communities and individuals; and
(iv) other governments and institutions in Southern Africa;
(e) may initiate and facilitate efforts to make funds available for disaster
management;
(f) may make recommendations to any relevant organ of state or statutory
functionary –
(i) on draft legislation affecting this Act, the national disaster management
framework or any other disaster management issue;
(ii) for the alignment of national, provincial or municipal legislation with this
Act and the national disaster management framework; or
(iii) in the event of a national disaster, whether a national state of disaster
should be declared in terms of section 27;
(g) must promote the recruitment, training and utilisation of volunteers to participate
in disaster management;
(h) must promote disaster management capacity-building and training in the Republic
and, to the extent that may be appropriate, in other Southern African states; and
(i) must perform the other duties and may exercise the other powers assigned to the
Centre in terms of this Act.
(2) The National Centre may –
(a) engage in any lawful activity, whether alone or together with any other
organisation in the Republic or elsewhere, aimed at promoting the proper
performance of its functions or exercise of its powers;
(3) The National Centre must perform its functions and exercise its powers –
(a) within the policy directions of the national disaster management framework;
(b) subject to the other policy directions of the Minister; and
(c) in accordance with the administrative instructions of the Director-General of the
Department.
(4) The National Centre must liase with and strive to co-ordinate its activities with the provincial and local disaster management centres.
National Centre to identify and establish communication links with disaster
management role players
16. (1) The National Centre must –
(a) develop and maintain a directory of institutional role players that are or should be
involved in disaster management in Southern Africa showing –
(i) their names, telephone and fax numbers and physical, postal and electronic addresses;
(ii) particulars of their involvement in disaster management; and
(iii) the nature, capacity and location of emergency and relief services under their control; and
(b) establish effective links of communication with contact persons identified by those
role players.
(2) The directory must include particulars of –
(a) all national, provincial and municipal organs of state and statutory functionaries
involved in disaster management;
(b) non-governmental organisations involved in disaster management;
(c) private sector organisations with spesialised equipment, skills or
knowledge relevant to disaster management;
(d) private sector voluntary agencies involved in disaster management; and
(e) foreign voluntary agencies involved in disaster management in Southern Africa.
(3) The National Centre must establish links of communication with foreign
disaster management agencies, including institutions performing similar functions as the
Centre, to exchange information and to have access to international expertise and
assistance on disaster management.
Disaster management information system
17. (1) The National Centre must act as a repository of and conduit for
information concerning disasters and disaster management, and must for this purpose –
(a) collect information on all aspects of disasters and disaster management;
(b) process and analyse such information; and
(c) develop and maintain an electronic database as envisaged in subsection (2).
(2) The electronic database developed by the National Centre must contain
extensive information concerning disasters that occur or may occur in Southern Africa
and disaster management issues, including information on–
(a) phenomena, occurrences, activities and circumstances that cause or aggravate
disasters;
(b) risk factors underlying disasters and ways and means to reduce such risks;
(c) prevention and mitigation;
(d) early warning systems;
(e) areas and communities that are particularly vulnerable to disasters;
(f) the directory of role players referred to in section 16 and the names and particulars
of their respective contact persons;
(g) emergency response resources and capacity in the national, provincial and local
spheres of government and in the non-government sectors, including the location,
size and other relevant data relating to –
(i) police stations;
(ii) hospitals, clinics and other health institutions;
(iii) emergency medical services;
(iv) school, church and public buildings and other facilities that could be used as emergency shelters or hospitals in the event of a disaster;
(v) fire fighting services; and
(vi) airports, airstrips, harbours, seaports and railway stations;
(h) emergency response resources and capacity in neighbouring states and relevant
international relief agencies;
(i) the state of emergency preparedness in the different spheres of government;
(j) each disaster classified by the Centre in terms of section 23, including the
Centre’s assessment of the disaster and the information recorded in the register
referred to in subsection (1) (c) of that section; and
(k) research and training facilities for disaster management disciplines.
(3) The Centre must take reasonable steps to ensure that the database, generally, is at all times electronically accessible by any person free of charge.
(4) Subsection (3) does not prevent the Centre from –
(a) establishing security safeguards to protect the database from abuse; and
(b) classifying parts of the database as restricted areas and limiting access to those
parts to persons authorised by the Centre.
Gathering of information
18. (1) The National Centre may, by notice in writing, request any organ of state
or other person in possession of information required by the Centre for the purpose of
section 16 or 17, to provide such information free of charge to the Centre within a
reasonable period determined by the Centre.
(2) An organ of state must comply with a request in terms of subsection (1).
(3) If an organ of state fails to comply with a request, the Centre must report the failure to the Minister who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament.
Disaster management plans and strategies
19. The National Centre must –
(a) develop guidelines for, and initiate, support and assist in, the preparation, and
regular review and updating, of disaster management plans and strategies by
organs of state and other institutional role players involved in disaster
management;
(b) assist in aligning these plans and strategies;
(c) assist in co-ordinating the implementation of these plans and strategies by the
respective organs of state and other role players; and
(d) develop guidelines for, and initiate, support and assist in, the integration of the
concept and principles of disaster management, and particularly strategies on
prevention and mitigation, with national, provincial and local development plans,
programmes and initiatives.
Prevention and mitigation
20. (1) The National Centre must to the extent that it has the capacity give guidance to organs of state, the private sector, non-governmental organisations, communities and individuals to assess and prevent or reduce the risk of disasters, including –
(a) ways and means to –
(i) determine levels of risk;
(ii) assess the vulnerability of communities to potential disasters;
(iii) increase the capacity of communities to deal with disasters; and
(iv) monitor the likelihood of, and the state of alertness to, disasters;
(b) the development and implementation of appropriate prevention and mitigation
methodologies;
(c) the integration of prevention and mitigation methodologies with development
plans, programmes and initiatives; and
(d) the management of high risk developments.
(2) The National Centre must promote formal and informal initiatives that encourage risk avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities and individuals.
Monitoring, measuring performance and evaluating disaster management plans and prevention and mitigation initiatives
21. The National Centre must –
(a) monitor –
(i) progress with the preparation and regular updating in terms of sections
25, 37, 38, 48 and 49 of disaster management plans and strategies by organs of state and other institutional role players involved in disaster management; and
(ii) formal and informal prevention and mitigation initiatives by organs of
state, the private sector, non-governmental organisations and communities,
including the integration of these initiatives with development plans; and
(b) from time to time measure performance and evaluate such progress and
initiatives.
Giving of advice and guidance
22. The National Centre may give advice and guidance by –
(a) publishing guidelines and recommendations in the Government Gazette or a
provincial gazette;
(b) interacting on an individual basis;
(c) facilitating access to its electronic database; and
(d) acting in any other way approved by the Director-General.
Classification and recording of disasters
23. (1) When a disastrous event occurs or is threatening, the National Centre may for the purpose of the proper application of this Act determine whether the event qualifies as a disaster in terms of this Act, and if it does so qualify the Centre must –
(a) assess the magnitude and severity or potential magnitude and severity of the
disaster;
(b) classify the disaster as a local, provincial or national disaster in accordance with
subsections (4), (5) and (6); and
(c) record the prescribed particulars concerning the disaster in the prescribed register.
(2) When assessing the magnitude and severity or potential magnitude and severity of a disaster, the National Centre –
(a) must consider any information and recommendations concerning that disaster
received from a provincial or municipal disaster management centre in terms of
section 35 or 46; and
(b) may enlist the assistance of an independent assessor to evaluate the disaster on site.
(3) A disaster classified in terms of subsection (1) (b) as a local, provincial or national disaster may at any time, after consultation with the relevant provincial or municipal disaster management centres, be reclassified by the National Centre if the magnitude and severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment.
(4) A disaster is a local disaster if –
(a) it affects a single metropolitan, district or local municipality only; and
(b) the municipality concerned, or, if it is a district or local municipality, that
municipality either alone or with the assistance of local municipalities in the area
of the district municipality, is able to deal with it effectively.
(5) A disaster is a provincial disaster if–
(a) it affects –
(i) more than one metropolitan or district municipality in the same province;
or
(ii) a single metropolitan or district municipality in the province and that metropolitan municipality, or that district municipality with the assistance of the local municipalities within its area, is unable to deal with it effectively; and
(b) the province concerned is able to deal with it effectively.
(6) A disaster is a national disaster if it affects –
(a) more than one province; or
(b) a single province which is unable to deal with it effectively.
(7) Until a disaster is classified in terms of this section, the disaster must be regarded as a local disaster.
(8) The classification of a disaster in terms of this section designates primary responsibility to a particular sphere of government for the co-ordination and management of the disaster, but does not prevent any organ of state in another sphere to assist in dealing with the disaster and its consequences.
Annual reports
24. (1) The National Centre must annually submit a report to the Minister on –
(a) its activities during the year;
(b) disasters that occurred during the year in each province;
(c) the classification, magnitude and severity of these disasters;
(d) the effects they had;
(e) particular problems that were experienced –
(i) in dealing with these disasters; and
(ii) generally in implementing this Act and the national disaster management framework;
(f) the way in which these problems were addressed and any recommendations the
Centre wishes to make in this regard;
(g) progress with the preparation and regular updating in terms of sections 25, 37,
38, 48 and 49 of disaster management plans and strategies by organs of state and other institutional role players involved in disaster management; and
(h) an evaluation of the implementation of such plans and strategies.
(2) The National Centre must submit a copy of its report to each provincial and municipal disaster management centre.
Part 2: National government’s duties and powers
Preparation of disaster management plans
25. (1) Each national organ of state indicated in the national disaster management framework must–
(a) prepare a disaster management plan setting out –
(i) the way in which the concept and principles of disaster management are
to be applied in its functional area;
(ii) its role and responsibilities in terms of the national disaster management
framework;
(iii) its role and responsibilities regarding emergency response and post-
disaster recovery and rehabilitation;
(iv) its capacity to fulfil its role and responsibilities;
(v) particulars of its disaster management strategies; and
(vi) contingency strategies and emergency procedures in the event of a
disaster, including measures to finance these strategies;
(b) co-ordinate and align the implementation of its plan with those of other organs of
state and institutional role players; and
(c) regularly review and update its plan.
(2) The disaster management plan of a national organ of state referred to in subsection (1) must form an integral part of its planning.
(3) A national organ of state must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre.
Responsibilities in event of national disasters
26. (1) The national executive is primarily responsible for the co-ordination and management of national disasters, irrespective of whether a national state of disaster has been declared in terms of section 27.
(2) The national executive must deal with a national disaster –
(a) in terms of existing legislation and contingency arrangements, if a national state of disaster has not been declared in terms of section 27 (1); or
(b) in terms of existing legislation and contingency arrangements as augmented by section 27 (2), if a national state of disaster has been declared.
(3) This section may not be read as preventing any provincial or municipal organ of state to assist in dealing with a national disaster and its consequences, and the national executive in exercising its primary responsibility must act in close co-operation with the other spheres of government.
Declaration of national states of disasters
27. (1) In the event of a national disaster the President may by notice in the Government Gazette declare a national state of disaster if –
(a) existing legislation and contingency arrangements do not adequately provide for the national executive to deal effectively with the disaster; or
(b) other special circumstances warrant the declaration of a national state of disaster.
(2) If a national state of disaster has been declared in terms of subsection (1), the Minister may, subject to subsection (3), and after consulting the responsible Cabinet member, make regulations or issue directions, or authorise the issue of directions, concerning –
(a) the release of any available resources of the national government, including stores, equipment, vehicles and facilities;
(b) the release of personnel of a national organ of state for the performance of emergency services;
(c) the implementation of all or any of the provisions of a national disaster management plan that is applicable in the circumstances;
(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life;
(e) the regulation of traffic to, from and within the disaster-stricken or threatened area;
(f) the regulation of the movement of persons and goods to, from and within the disaster-stricken or threatened area;
(g) the control and occupancy of premises in the disaster-stricken or threatened area;
(h) the provision, control and use of temporary emergency housing;
(i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area;
(j) the maintenance or installation of temporary lines of communication to or from or within the disaster area;
(k) the dissemination of information required for dealing with the disaster;
(l) emergency procurement procedures;
(m) the facilitation of post-disaster reconstruction, rehabilitation and recovery;
(n) other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster; and
(o) steps to facilitate international assistance.
(3) The powers contained in subsection (2) may be exercised to the extent only that this is necessary for the purpose of –
(a) assisting and protecting the public;
(b) providing relief to the public;
(c) preventing or combating disruption; or
(d) dealing with the destructive and other effects of the disaster.
(4) Regulations made in terms of subsection (2) may include regulations
prescribing penalties for any contravention of the regulations.
CHAPTER 3
PROVINCIAL DISASTER MANAGEMENT
Part 1: Provincial disaster management policy
Provincial policy framework
28. (1) Each province must establish and implement a policy framework for disaster management in the province aimed at ensuring an integrated and common approach to disaster management in the province by all provincial organs of state, provincial statutory functionaries, non-governmental institutions involved in disaster management in the province and the private sector.
(2) A provincial disaster management policy framework must be –
(a) consistent with the provisions of this Act; and
(b) within the national disaster management framework.
Part 2: Provincial disaster management centres
Establishment
29. (1) Each province must establish a disaster management centre for the province.
(2) A provincial disaster management centre forms part of a department in the
province’s administration designated by the Premier.
Functions and powers
30. (1) A provincial disaster management centre –
(a) must specialise in issues concerning disasters and disaster management in the
province;
(b) must promote an integrated and co-ordinated approach to disaster management in
the province, with a special emphasis on prevention and mitigation, by –
(i) provincial organs of state in the province; and
(ii) other role players involved in disaster management in
the province;
(c) must act as a repository and conduit for information concerning disasters,
impending disasters and disaster management in the province;
(d) may act as an advisory and consultative body for organs of state, statutory
functionaries, the private sector, non-governmental organisations, communities
and individuals, on issues concerning disasters and disaster management in the
province;
(e) may initiate and facilitate efforts to make funds available for disaster
management;
(f) may make recommendations to any relevant organ of state or statutory
functionary –
(i) on draft legislation affecting this Act, the national disaster management
framework or any other disaster management issue;
(ii) for the alignment of provincial or municipal legislation with this
Act and the national disaster management framework; or
(iii) in the event of a provincial disaster, whether a provincial state of disaster
should be declared in terms of section 40;
(g) must promote the recruitment, training and utilisation of volunteers to participate
in disaster management in the province;
(h) must perform any functions and may exercise any powers delegated to it in terms
of section 14; and
(i) must perform the other duties and may exercise the other powers assigned to it
in terms of this Act.
(2) A provincial disaster management centre may engage in any
lawful activity in the province, whether alone or together with any other organisation,
aimed at promoting the proper performance of its functions or exercise of its powers.
(3) A provincial disaster management centre must perform its functions and
exercise its powers –
(a) within the national disaster management framework and the provincial policy
framework referred to in section 28;
(b) subject to the policy directions of the MEC responsible for disaster management in
the province acting within the national disaster management framework and the
provincial policy framework; and
(c) in accordance with the administrative instructions of the head of the provincial
department in which it is located.
(4) A provincial disaster management centre must liase with and co-ordinate its activities with those of the National Centre and the municipal disaster management centres in the province.
Head of provincial disaster management centre
31. The head of a provincial disaster management centre –
(a) is responsible for the performance by the centre of its functions and the
exercise of its powers; and
(b) takes all decisions of the centre in the performance of its functions and the
exercise of its powers, except those decisions taken by another person in
consequence of a delegation by the head of the centre.
Assistance to National Centre
32. (1) A provincial disaster management centre must assist the National
Centre at the request of the National Centre to –
(a) identify and establish communication links with provincial organs of state
and other disaster management role players in the province for the purposes of
section 16;
(b) develop and maintain the disaster management electronic database as envisaged
in section 17 in so far as the database applies to the province;
(c) develop guidelines in terms of section 19 for the –
(i) preparation and regular review of disaster management plans and strategies, including contingency plans and emergency procedures; and
(ii) the integration of the concept and principles of disaster management, and
particularly prevention and mitigation strategies, with development plans and programmes.
(2) (a) A provincial disaster management centre may, by notice in
writing, request any provincial organ of state or other person in possession of information
required by that centre for the purpose of subsection (1) (a) or (b), to provide such
information free of charge to the centre within a reasonable period determined by the
centre.
(b) A provincial organ of state must comply with a request in terms of
paragraph (a).
(c) If a provincial organ of state fails to comply with a request the
provincial disaster management centre must report the failure to the MEC responsible for
disaster management in the province, who must take such steps as may be necessary to
secure compliance with the request, including reporting the failure to the provincial
legislature.
Prevention and mitigation
33. (1) A provincial disaster management centre, to the extent that it has the capacity, must give guidance to organs of state, the private sector, non-governmental organisations, communities and individuals in the province to assess and prevent or reduce the risk of disasters, including –
(a) ways and means to –
(i) determine levels of risk;
(ii) assess the vulnerability of communities to potential disasters;
(iii) increase the capacity of communities to deal with disasters; and
(iv) monitor the likelihood of, and the state of alertness to, disasters;
(b) the development and implementation of appropriate prevention and mitigation
methodologies;
(c) the integration of prevention and mitigation methodologies with development
plans, programmes and initiatives; and
(d) the management of high risk developments.
(2) A provincial disaster management centre must promote formal and informal initiatives that encourage risk avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities and individuals in the province.
Monitoring, measuring performance and evaluating disaster management plans and prevention and mitigation initiatives
34. (1) A provincial disaster management centre must –
(a) monitor –
(i) progress with the preparation and regular updating in terms of sections
37, 38, 48 and 49 of disaster management plans and strategies by provincial and municipal organs of state and other institutional role players involved indisaster management in the province; and
(ii) formal and informal prevention and mitigation initiatives by provincial
and municipal organs of state, the private sector, non-governmental
organisations and communities, including the integration of these
initiatives with development plans; and
(b) from time to time measure performance and evaluate such progress and
initiatives.
Disasters occurring or threatening in provinces
35. (1) When a disastrous event occurs or is threatening in a province, the disaster management centre of the province concerned must determine whether the event qualifies as a disaster in terms of this Act, and if so must immediately –
(a) initiate efforts to assess the magnitude and severity or potential magnitude and
severity of the disaster;
(b) inform the National Centre of the disaster and its initial assessment of the
magnitude and severity or potential magnitude and severity of the disaster;
(c) alert disaster management role players in the province that may be of assistance
in the circumstances; and
(d) initiate the implementation of any contingency plans and emergency procedures
that may be applicable in the circumstances.
(2) When informing the National Centre in terms of subsection (1) (b), the provincial disaster management centre may make recommendations regarding the classification of the disaster as may be appropriate.
Annual reports
36. (1) The disaster management centre of a province must annually submit a report to the head of the provincial department in which it is located, on –
(a) its activities during the year;
(b) disasters that occurred during the year in the province;
(c) the classification, magnitude and severity of these disasters;
(d) the effects they had;
(e) particular problems that were experienced –
(i) in dealing with these disasters; and
(ii) generally in implementing this Act and the national disaster management framework;
(f) the way in which these problems were addressed and any recommendations the
office wishes to make in this regard;
(g) progress with the preparation and regular updating in terms of sections 37 and 38
of disaster management plans by provincial organs of state and other
institutional role players involved in disaster management in the province; and
(h) an evaluation of the implementation of such plans.
(2) The provincial disaster management centre must submit a copy of its report to the National Centre and to each municipal disaster management centre in the province.
Part 3: Provincial governments’ duties and powers
Preparation of disaster management plans
37. (1) Each provincial organ of state indicated in the national or provincial disaster management framework must–
(a) prepare a disaster management plan setting out –
(i) the way in which the concept and principles of disaster management are
to be applied in its functional area;
(ii) its role and responsibilities in terms of the national disaster management
framework;
(iii) its capacity to fulfil its role and responsibilities;
(iv) particulars of its disaster management strategies; and
(v) contingency strategies and emergency procedures in the event of a
disaster, including measures to finance these strategies;
(b) co-ordinate and align the implementation of its plan with those of other organs of
state and institutional role players; and
(c) regularly review and update its plan.
(2) The disaster management plan of a provincial organ of state referred to in subsection (1) must form an integral part of its planning.
(3) A provincial organ of state must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre and the relevant provincial disaster management centre.
Disaster management plans for provinces
38. (1) Each province must –
(a) prepare a disaster management plan for the province as a whole;
(b) co-ordinate and align the implementation of its plan with those of other organs of
state and institutional role players; and
(c) regularly review and update its plan.
(2) A disaster management plan for a province must –
(a) form an integral part of planning in the province;
(b) anticipate the likely types of disaster that might occur in the province and their
possible effects;
(c) identify the communities at risk;
(d) provide for appropriate prevention and mitigation strategies;
(e) identify and address weaknesses in capacity to deal with possible disasters;
(f) facilitate maximum emergency preparedness; and
(g) contain contingency plans and emergency procedures in the event of a disaster,
providing for–
(i) the allocation of responsibilities to the various role players and co-
ordination in the carrying out of those responsibilities;
(ii) prompt disaster response and relief;
(iii) the procurement of essential goods and the provisioning of
essential services;
(iv) the establishment of strategic communication links;
(v) the dissemination of information; and
(vi) other matters that may be prescribed.
(3) Municipal organs of state in the province, to the extent required by the province, must co-operate with the province in preparing a disaster management plan for the province.
(4) A province must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre and each municipal disaster management centre in the province.
Responsibilities in event of provincial disasters
39. (1) The executive of a province is primarily responsible for the co-ordination and management of provincial disasters that occur in the province, irrespective of whether a provincial state of disaster has been declared in terms of section 40.
(2) The provincial executive must deal with a provincial disaster –
(a) in terms of existing legislation and contingency arrangements, if a provincial state of disaster has not been declared in terms of section 40 (1); or
(b) in terms of existing legislation and contingency arrangements as augmented by section 40 (2), if a provincial state of disaster has been declared.
(3) This section may not be read as preventing any national or municipal organ of state to assist in dealing with a provincial disaster and its consequences.
Declaration of provincial states of disasters
40. (1) In the event of a provincial disaster the Premier of a province, after consulting the other members of the executive council, may by notice in the provincial gazette declare a provincial state of disaster if –
(a) existing legislation and contingency arrangements do not adequately provide for the provincial executive to deal effectively with the disaster; or
(b) other special circumstances warrant the declaration of a provincial state of disaster.
(2) If a provincial state of disaster has been declared in terms of subsection (1), the Premier of the province concerned may, subject to subsection (3), make regulations or issue directions, or authorise the issue of directions, concerning –
(a) the release of any available resources of the provincial government, including stores, equipment, vehicles and facilities;
(b) the release of personnel of a provincial organ of state for the performance of emergency services;
(c) the implementation of all or any of the provisions of a provincial disaster management plan that is applicable in the circumstances;
(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life;
(e) the regulation of traffic to, from and within the disaster-stricken or threatened area;
(f) the regulation of the movement of persons and goods to, from and within the disaster-stricken or threatened area;
(g) the control and occupancy of premises in the disaster-stricken or threatened area;
(h) the provision, control and use of temporary emergency housing;
(i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area;
(j) the maintenance or installation of temporary lines of communication to or from or within the disaster area;
(k) the dissemination of information required for dealing with the disaster;
(l) emergency procurement procedures;
(m) the facilitation of post-disaster reconstruction, rehabilitation and recovery; and
(n) other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.
(3) The powers contained in subsection (2) may be exercised to the extent only that this is necessary for the purpose of –
(a) assisting and protecting the public;
(b) providing relief to the public;
(c) preventing or combating disruption; or
(d) dealing with the destructive and other effects of the disaster.
(4) Regulations made in terms of subsection (2) may include regulations
prescribing penalties for any contravention of the regulations.
CHAPTER 4
MUNICIPAL DISASTER MANAGEMENT
Part 1: Municipal disaster management policy
Municipal policy framework
41. (1) Each metropolitan and each district municipality must establish and implement a policy framework for disaster management in the municipality aimed at ensuring an integrated and common approach to disaster management in its area by –
(a) the municipality and statutory functionaries of the municipality, including, in the case of a district municipality, the local municipalities and statutory functionaries of the local municipalities in its area;
(b) all municipal entities operating in its area;
(c) all non-governmental institutions involved in disaster management in its area; and
(d) the private sector.
(2) A district municipality must establish its disaster management policy after
consultation with the local municipalities in its area.
(3) A municipal disaster management policy framework must be –
(a) consistent with the provisions of this Act;
(b) within the national disaster management framework; and
(c) consistent with the disaster management policy framework of the province concerned.
Part 2: Municipal disaster management centres
Establishment
42. (1) Each metropolitan and each district municipality must establish in its administration a disaster management centre for its municipal area.
(2) A district municipality –
(a) must establish its disaster management centre after consultation with the
local municipalities within its area; and
(b) may operate such centre in partnership with those local municipalities.
Functions and powers
43. (1) A municipal disaster management centre –
(a) must specialise in issues concerning disasters and disaster management in the
municipal area;
(b) must promote an integrated and co-ordinated approach to disaster management in
the municipal area, with a special emphasis on prevention and mitigation, by –
(i) departments and other internal units within the administration of the municipality, and, in the case of a district municipality, also by departments and other internal units within the administration of the local municipalities in the area of the district municipality;
(ii) all municipal entities operating in the municipal area; and
(iii) other role players involved in disaster management in the municipal area;
(c) must act as a repository and conduit for information concerning disasters,
impending disasters and disaster management in the municipal area;
(d) may act as an advisory and consultative body for organs of state, the private
sector, non-governmental organisations, communities and individuals, on issues
concerning disasters and disaster management in the municipal area;
(e) may initiate and facilitate efforts to make funds available for disaster
management;
(f) may make recommendations to any relevant organ of state or statutory
functionary –
(i) on draft legislation affecting this Act, the national disaster management framework or any other disaster management issue;
(ii) for the alignment of municipal legislation with this Act and the national
disaster management framework; or
(iii) in the event of a local disaster, whether a local state of disaster should be declared in terms of section 51;
(g) must promote the recruitment, training and utilisation of volunteers to participate
in disaster management in the municipal area;
(h) must perform any functions and may exercise any powers delegated to it in terms
of section 14; and
(i) must perform the other duties and may exercise the other powers assigned to it
in terms of this Act.
(2) A municipal disaster management centre may engage in any
lawful activity in the municipal area, whether alone or together with any other
organisation, aimed at promoting its objectives.
(3) A municipal disaster management centre must perform its
functions –
(a) within the national disaster management framework;
(b) subject to the municipality’s integrated development plan and other policy
directions of the municipal council acting within the national disaster
management framework; and
(c) in accordance with the administrative instructions of the municipal manager.
(4) A municipal disaster management centre must liase with and co-ordinate its activities with those of the National Centre and the relevant provincial disaster management centre.
Head of municipal disaster management centre
44. The head of a municipal disaster management centre –
(a) is responsible for the performance by the centre of its functions and the
exercise of its powers; and
(b) takes all decisions of the centre in the performance of its functions and the
exercise of its powers, except those decisions taken by another person in
consequence of a delegation by the head of the centre.
Assistance to National Centre and provincial disaster management centre
45. (1) A municipal disaster management centre must assist the National
Centre and the relevant provincial disaster management centre at that centre’s request –
(a) to identify and establish communication links with disaster management
role players in the municipal area for the purposes of section 16;
(b) to develop and maintain the disaster management electronic databank as
envisaged in section 17 in so far as the databank applies to the municipality; and
(c) to develop guidelines in terms of section 19 for the –
(i) preparation and regular review of disaster management plans and strategies, including contingency plans and emergency procedures; and
(ii) the integration of the concept and principles of disaster management, and
particularly prevention and mitigation strategies, with development plans
and programmes.
(2) (a) The disaster management centre of a municipality may, by
notice in writing, request any person in possession of information required by the
centre for the purpose of subsection (1) (a) or (b), including any statutory functionary,
or any department or other internal unit within the administration, of the municipality,
or, if it is a district municipality, also any statutory functionary, or any department or
other internal unit within the administration, of a local municipality in the area of the
district municipality, to provide the required information free of charge to the centre
within a period determined by the centre.
(b) If a department or other internal unit or a statutory functionary of a
municipality, or a municipal entity under the control of the municipality, fails to comply
with a request in terms of paragraph (a) the municipal disaster management centre must
report the failure to the municipal manager, who must take such steps as may be
necessary to secure compliance with the request.
Disasters occurring or threatening in municipal areas
46. (1) When a disastrous event occurs or is threatening in the area of a municipality, the disaster management centre of the municipality concerned must determine whether the event qualifies as a disaster in terms of this Act, and, if so, must immediately –
(a) initiate efforts to assess the magnitude and severity or potential magnitude and
severity of the disaster;
(b) inform the National Centre and the relevant provincial disaster management
centre of the disaster and its initial assessment of the magnitude and
severity or potential magnitude and severity of the disaster;
(c) alert disaster management role players in the municipal area that may be of
assistance in the circumstances; and
(d) initiate the implementation of any contingency plans and emergency procedures
that may be applicable in the circumstances.
(2) When informing the National Centre and the relevant provincial disaster management centre in terms of subsection (1) (b), the local disaster management centre may make recommendations regarding the classification of the disaster as may be appropriate.
Annual reports
47. (1) The disaster management centre of a municipality must annually submit a report to the municipal council on –
(a) its activities during the year;
(b) disasters that occurred during the year in the area of the municipality;
(c) the classification, magnitude and severity of these disasters;
(d) the effects they had;
(e) particular problems that were experienced –
(i) in dealing with these disasters; and
(ii) generally in implementing this Act and the national disaster management framework;
(f) the way in which these problems were addressed and any recommendations the
centre wishes to make in this regard;
(g) progress with the preparation and regular updating in terms of sections 44 and 49
of disaster management plans by municipal organs of state and other
institutional role players involved in disaster management in the municipal area;
and
(h) an evaluation of the implementation of such plans.
(2) A municipal disaster management centre must submit a copy of its report to the National Centre and the disaster management centre of the province concerned. The disaster management centre of a district municipality must also submit a copy of its report to each local municipality in the area of the district municipality.
Part 3: Duties and powers of municipalities and municipal entities
Disaster management plans for municipal areas
48. (1) Each municipality must –
(a) prepare a disaster management plan for its area according to the circumstances
prevailing in the area;
.(b) co-ordinate and align the implementation of its plan with those of other organs of
state and institutional role players; and
(c) regularly review and update its plan.
(2) A disaster management plan for a municipal area must–
(a) form an integral part of the municipality’s integrated development plan;
(b) anticipate the likely types of disaster that might occur in the municipal area
and their possible effects;
(c) identify the communities at risk;
(d) provide for appropriate prevention and mitigation strategies;
(e) identify and address weaknesses in capacity to deal with possible disasters;
(f) facilitate maximum emergency preparedness; and
(g) contain contingency plans and emergency procedures in the event of a disaster,
providing for–
(i) the allocation of responsibilities to the various role players and co-
ordination in the carrying out of those responsibilities;
(ii) prompt disaster response and relief;
(iii) the procurement of essential goods and the provisioning of
essential services;
(iv) the establishment of strategic communication links;
(v) the dissemination of information; and
(vi) other matters that may be prescribed.
(3) A district municipality and the local municipalities within the area of the
district municipality must prepare their disaster management plans after consultation with
each other.
(4) A municipality must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre and the disaster management centre of the relevant province.
Preparation of disaster management plans by municipal entities
49. (1) Each municipal entity indicated in the national or the relevant provincial or municipal disaster management framework must–
(a) prepare a disaster management plan setting out –
(i) the way in which the concept and principles of disaster management are
to be applied in its functional area;
(ii) its role and responsibilities in terms of the national, provincial or
municipal disaster management frameworks;
(iii) its capacity to fulfil its role and responsibilities;
(iv) particulars of its disaster management strategies; and
(v) contingency strategies and emergency procedures in the event of a
disaster, including measures to finance these strategies;
(b) co-ordinate and align the implementation of its plan with those of other organs of
state and institutional role players; and
(c) regularly review and update its plan.
(2) A municipal entity referred to in subsection (1) must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre and the relevant provincial and municipal disaster management centres.
Responsibilities in event of local disasters
50. (1) Irrespective of whether a local state of disaster has been declared in terms of section 51 –
(a) a metropolitan municipality is primarily responsible for the co-ordination and management of local disasters that occur in its area; and
(b) a district municipality, acting after consultation with the relevant local municipality, is primarily responsible for the co-ordination and management of local disasters that occur in its area.
(2) A district municipality and the relevant local municipality may, despite subsection (1) (b), agree that the local municipality will assume primary responsibility for the co-ordination and management of a local disaster that has occurred or may occur in the area of the local municipality.
(3) The municipality having primary responsibility for the co-ordination and management of a local disaster must deal with a local disaster –
(a) in terms of existing legislation and contingency arrangements, if a local state of disaster has not been declared in terms of section 51 (1); or
(b) in terms of existing legislation and contingency arrangements as augmented by section 51 (2), if a local state of disaster has been declared.
(4) This section may not be read as preventing any national or provincial organ of state to assist in dealing with a municipal disaster and its consequences.
Declaration of local states of disasters
51. (1) In the event of a local disaster the council of a municipality having primary responsibility for the co-ordination and management of the disaster, may by notice in the provincial gazette declare a local state of disaster if –
(a) existing legislation and contingency arrangements do not adequately provide for that municipality to deal effectively with the disaster; or
(b) other special circumstances warrant the declaration of a local state of disaster.
(2) If a local state of disaster has been declared in terms of subsection (1), the municipal council concerned may, subject to subsection (3), make by-laws or issue directions, or authorise the issue of directions, concerning –
(a) the release of any available resources of the municipality, including stores, equipment, vehicles and facilities;
(b) the release of personnel of the municipality for the performance of emergency services;
(c) the implementation of all or any of the provisions of a municipal disaster management plan that is applicable in the circumstances;
(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life;
(e) the regulation of traffic to, from and within the disaster-stricken or threatened area;
(f) the regulation of the movement of persons and goods to, from and within the disaster-stricken or threatened area;
(g) the control and occupancy of premises in the disaster-stricken or threatened area;
(h) the provision, control and use of temporary emergency housing;
(i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area;
(j) the maintenance or installation of temporary lines of communication to or from or within the disaster area;
(k) the dissemination of information required for dealing with the disaster;
(l) emergency procurement procedures;
(m) the facilitation of post-disaster reconstruction, rehabilitation and recovery; and
(n) other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.
(3) The powers contained in subsection (2) may be exercised to the extent only that this is necessary for the purpose of –
(a) assisting and protecting the public;
(b) providing relief to the public;
(c) preventing or combating disruption; or
(d) dealing with the destructive and other effects of the disaster.
(4) By-laws made in terms of subsection (2) may include by-laws prescribing
penalties for any contravention of the by-laws.
CHAPTER 5
FUNDING OF POST-DISASTER RECOVERY AND REHABILITATION
Note: This Chapter must be read with sections 16 and 25 of the Public Finance Management Act, 1999, which provides for the release of funds by way of direct charge against the National and Provincial Revenue Funds in the case of emergencies for which funds were not budgeted. These sections are self-explanatory and read as follows-
"Use of funds in emergency situations
16. (1) The Minister may authorise the use of funds from the National Revenue Fund to defray expenditure of an exceptional nature which is currently not provided for and which cannot, without serious prejudice to the public interest, be postponed to a future parliamentary appropriation of funds.
(2) The combined amount of any authorisations in terms of subsection (1), may not exceed two per cent of the total amount appropriated in the annual national budget for the current financial year.
(3) An amount authorised in terms of subsection (1) is a
direct charge against the National Revenue Fund.
(4) An amount authorised in terms of subsection (1) must -
(a) be reported to Parliament and the Auditor-General within 14 days, or if the funds are authorised for the deployment of security services, within a period determined by the President; and
(b) be attributed to a vote.
(5) A report to Parliament in terms of subsection (4)(a) must
be submitted to the National Assembly for tabling in the Assembly and made public.
(6) Expenditure in terms of subsection (1) must be included
either in the next adjustments budget for the financial year in which the expenditure is authorised or in other appropriation legislation tabled in the National Assembly within 120 days of the Minister authorising the expenditure, whichever is the sooner."
"Use of funds in emergency situations
25. (1) The MEC for finance in a province may authorise the use of funds from that province’s Provincial Revenue Fund to defray expenditure of an exceptional nature which is currently not provided for and which cannot, without serious prejudice to the public interest in the province, be postponed to a future appropriation by the provincial legislature.
(2) The combined amount of any authorisation in terms of
subsection (1) may not exceed two per cent of the total amount appropriated in the annual provincial budget for the current financial year.
(3) An amount authorised in terms of subsection (1) is a direct
charge against the Provincial Revenue Fund if a provincial Act so provides.
(4) An amount authorised in terms of subsection (1) must -
(a) be reported to the provincial legislature and the Auditor-General within 14 days; and
(b) be attributed to a vote.
(5) A report to a provincial legislature in terms of subsection (4)(a)
must be submitted to the provincial legislature for tabling in the legislature and made public.
(6) Expenditure in terms of subsection (1) must be included either in
the next provincial adjustments budget for the financial year in which the expenditure is authorised, or in other appropriation legislation tabled in the provincial legislature within 120 days of the MEC for finance in the province authorising the expenditure, whichever is the sooner."
Guiding principles
52. (1) When a disaster occurs the following principles apply:
(a) National, provincial and local organs of state may financially contribute to post-disaster recovery and rehabilitation, subject to legislation regulating national, provincial and municipal finance management.
(b) The cost of repairing or replacing public sector infrastructure should be borne by the organ of state responsible for the maintenance of such infrastructure.
(2) Any financial assistance provided by a national, provincial or
local organ of state in terms of subsection (1) (b) must be in accordance with the national
disaster management framework and any applicable post-disaster recovery and
rehabilitation policy of the relevant government, and must take into account –
(a) whether any prevention and mitigation measures have been taken, and if not, the
reasons for the absence of such measures;
(b) whether the disaster could have been avoided or minimised had prevention and mitigation measures been taken;
(c) whether it is reasonable to expect that prevention and mitigation measures should have been taken in the circumstances;
(d) whether the damage caused by the disaster is covered by adequate
insurance, and if not, the reasons for the absence or inadequacy of insurance
cover;
(e) the extent of financial assistance available from community, public or
other non-governmental support schemes; and
(f) the financial capacity of the victims of the disaster and their accessibility to commercial insurance.
National contributions to alleviate effects of local and provincial disasters
53. When a municipality or a province in the event of a local or provincial
disaster requests the national government to financially contribute to post-disaster
recovery and rehabilitation, the following factors must be taken into account:
(a) Whether any prevention and mitigation measures have been taken or initiated by
the municipality or province, and if not, the reasons for the absence of such
measures;
(b) whether the disaster could have been avoided or minimised had prevention and mitigation measures been taken;
(c) whether it is reasonable to expect that prevention and mitigation measures should have been taken or initiated in the circumstances by the municipality or province;
(d) whether the damage caused by the disaster is covered by adequate insurance, and if not, the reasons for the absence or inadequacy of insurance cover; and
(e) whether or not available financial resources at local level, or if it is a provincial
disaster, at provincial level, are exhausted.
CHAPTER 6
MISCELLANEOUS
Regulations
54. (1) The Minister may make regulations not inconsistent with this Act concerning any matter that –
(a) may be prescribed in terms of a provision of this Act; or
(b) is necessary or expedient for the effective carrying out or furtherance if the provisions and objects of this Act.
(2) The Minister may in terms of subsection (1) prescribe a penalty not exceeding imprisonment for a period of six months or a fine for any contravention of or failure to comply with a regulation.
Offences
55. (1) A person is guilty of an offence if that person fails to comply with a request made by the National Centre in terms of section 18 (1) or a provincial or local disaster management office in terms of section 32 (2) (a) or 45 (2) (a).
(2) A person convicted of an offence mentioned in section (1) is liable on
conviction to a fine or to imprisonment not exceeding six months or to both a fine and
such imprisonment.
Indemnity
56. The Minister, the National Centre, a provincial or municipal disaster
management centre, an employee designated for the purpose of the National Centre or a
provincial or municipal disaster management centre, a representative of the National
Centre or a provincial or municipal disaster management centre, or any other person
performing a function or exercising a power in terms of this Act, is not liable for anything
done in good faith in terms of or in furthering the objects of this Act.
Repeal of Act 67 of 1977
57. (1) The Civil Protection Act, 1977 (Act No. 67 of 1977), to the extent that
provisions of that Act have not been assigned to a province, is hereby repealed.
Provisions of that Act that were assigned to a province, continue in the province until
repealed by the provincial legislature.
(2) Despite the repeal of provisions of the Civil Protection Act, 1977, section
9 of that Act continues to apply to any death, injury or disablement as described in that
section which occurred before the repeal of that section.
Short title and commencement
58. This Act is called the Disaster Management Act, 2001, and takes effect
on a date determined by the President by proclamation.
MEMORANDUM ON THE OBJECTS OF THE DISASTER MANAGEMENT BILL
1. The Disaster Management Bill, 2001, gives effect to the White Paper on disaster management which was published in January 1999 and which advocated a new approach to disaster management. Unlike previous policies as contained in existing legislation that focus predominantly on relief and recovery efforts, the White Paper emphasises the importance of measures to avoid and minimise human and economic losses and establishes prevention and mitigation as the core principle of a future disaster management policy.
2. In terms of the White Paper the development of this new approach to disaster management calls for a two-pronged approach, viz
* a significant strengthened capacity to track, collate, monitor and disseminate
information on phenomena and activities known to trigger disastrous events,
supported by institutional emergency preparedness and response capacity by
both government and the private sector, communities and other non-
governmental role players.
* an increased commitment to prevention and mitigation actions that will reduce
the probability and severity of disastrous events by incorporating these actions
into policies, plans and projects of both government and the private sector.
3. To this end the White Paper proposed seven key policy measures. These are:
* The urgent integration of risk reduction strategies into all development
initiatives.
* The development of a strategy to reduce the vulnerability of people, especially
poor and disadvantaged communities, to disasters.
* The establishment of a National Disaster Management Centre
- to ensure that an effective disaster management strategy is established
and implemented by all spheres of government and other disaster
management role players;
- to co-ordinate disaster management in all spheres of government; and
- to promote and assist the implementation of disaster management
measures in all sectors of society.
* The introduction of a new disaster management funding system which
- ensures that risk reduction initiatives are taken;
- builds sufficient capacity to respond to disasters; and
- provides for adequate post-disaster recovery.
* The introduction and implementation of new disaster management legislation
which
- brings about a uniform approach to disaster management;
- seeks to eliminate confusion by current legislation; and
- addresses legislative shortcomings.
* The establishment of a framework to enable communities to be informed, alert
and self-reliant and capable of supporting and co-operating with government in
disaster prevention and mitigation.
* The establishment of a framework for co-ordinating and strengthening the
current fragmented and inadequate training and community awareness
initiatives.
4. The Disaster Management Bill provides for an integrated, co-ordinated and
common approach to disaster management by all spheres of government. In order to
achieve this, the Bill focuses on "disaster management" as a continuous and integrated
multi-sectoral, multi-disciplinary process of planning, and implementation of measures, aimed at
- preventing and reducing the risk of disasters;
- mitigating the severity or consequences of disasters;
- emergency preparedness and a state of readiness to deal with
impending or current disasters or effects of disasters; and
- a rapid and effective response to disasters aimed at restoring
normality in conditions caused by disasters.
5. The Bill defines a disaster as a progressive or sudden, widespread or localised, natural or human-caused occurrence which causes or threatens to cause death, injury or disease, damage to property, infrastructure or the environment or disruption of a community, and which is of a magnitude that exceeds the ability of those affected by the disaster to cope with the effects of the disaster using only their own resources. The Bill excludes from its application
- occurrences that are dealt with in terms of the State of Emergency Act, 1995;
and
- incidents of a kind for which specific legislation has been enacted to deal with
the consequences of such incidents.
6. Chapter 1 of the Bill provides for the establishment of an Inter-governmental
Committee on Disaster Management consisting of Cabinet members involved in disaster
management, members of provincial Executive Councils involved in provincial disaster
management and representatives of organised local government. The purpose of the
Committee is to make recommendations on issues concerning disaster management and
the establishment of a national disaster management policy framework. The national
disaster management framework will be aimed at ensuring an integrated and common
approach to disaster management in the Republic by all national, provincial and
municipal organs of state, statutory functionaries, non-governmental institutions
involved in disaster management, the private sector and communities, and will provide a
coherent, transparent and inclusive policy on disaster management appropriate for the
Republic as a whole.
7. The disaster management framework will, in addition, guide the development and the implementation of the new concept of disaster management, establish prevention and mitigation as the core principle of disaster management and lay the basis of regional co-operation in disaster management with other Southern African states.
8. The Chapter further provides for the establishment of a National Disaster Management Forum. The Forum will be chaired by the Head of the National Disaster Management Centre and consist of senior administrative representatives of national and provincial departments, organised local government and other disaster management role players designated by the Minister. The Forum will be a body in which the various spheres of government and other disaster management role players consult and co-ordinate their actions.
9. Chapter 2 of the Bill establishes a National Disaster Management Centre as an institution inside the public service. The Centre will be located in a department of a Minister to whom the President allocates the administration of this Act. The functions of the Centre will be
- to specialise in issues concerning disasters and disaster management;
- to monitor whether organs of state comply with this Act and the national
disaster management policy framework;
- to act as a repository and conduit for information concerning disasters,
impending disasters and disaster management;
- to act as an advisory and consultative body on issues concerning disasters and
disaster management;
- to initiate and facilitate efforts to make funds available for disaster
management;
- to make recommendations affecting disaster management issues;
- to promote disaster management capacity-building and training; and
- to liase with and co-ordinate its activities with provincial and local disaster
management offices.
10. The National Disaster Management Centre is also given certain special functions
which includes
- the identification and establishment of communication links with disaster
management role players in the public and private sectors, including the
development and maintenance of a directory of institutional role players and
contact persons;
- the establishment of an electronic database containing extensive information
concerning disasters that occur or may occur in South Africa and other vital
disaster management data, which must at al times be electronically accessible
by any person free of charge;
- the gathering of information necessary for the development of the database; and
- the development of guidelines and the rendering of support and assistance in
the preparation and maintenance of disaster management plans and strategies by
organs of state and other institutional role players involved in disaster
management.
11. One of the most important functions of the Disaster Management Centre will be the classification of disasters as local, provincial or national. Generally, a disaster will be classified as a local disaster if it affects a single municipality and the municipality is able to deal with it effectively. A disaster will be a provincial disaster if the affected municipality is unable and the province is able to deal with it effectively. A disaster will be a national disaster if it effects more than one province or a province is unable to deal with it effectively. The classification of a disaster designates primary responsibility to a specific sphere of government but does not prevent an organ of state in any sphere of government to assist in dealing with the disaster and its consequences.
12. Chapter 2 also provides for the preparation of disaster management plans by
national organs of state indicated in the national disaster management framework and
confers special powers on the President to declare a national state of disaster if existing
legislation and contingency arrangements do not adequately provide for the national
executive to deal effectively with any particular national disaster or if other special
circumstances warrant the declaration of a national state of disaster. If a national state of
disaster has been declared theMinister responsible for the National Disaster Management
Centre may exercise certain special powers to augment existing legislation and
contingency arrangements.
13. Chapters 3 and 4 of the Bill provide for provincial disaster management and municipal disaster management, respectively. These Chapters, along the lines set out in Chapter 2 for national disaster management, require each province and each metropolitan and district municipality to establish a disaster management centre for the province or municipality. The functions of the provincial and municipal disaster management centres will generally be equivalent to those of the National Disaster Management Centre at their respective levels, but in the case of functions that must be performed at national level only, eg. the development and maintenance of the electronic database, the provincial and municipal disaster management centres will be required to render support services to the National Centre. As is the case with national organs of state, each provincial organ of state and municipality indicated in the national disaster management framework will also be required to prepare disaster management plans within their respective areas of operation. Special powers are also given to provinces and municipalities to declare provincial and local states of disaster in order to augment their powers to deal with provincial and local disasters.
14. Chapter 5 of the Bill deals with funding of post-disaster recovery and rehabilitation and lays down certain guiding principles in this regard. This Chapter must be read with sections 16 and 25 of the Public Finance Management Act, 1999, which provide for the release of funds by way of direct charges against the National and Provincial Revenue Funds in the case of emergencies for which funds were not budgeted.
16. Chapter 6 of the Bill provides for the promulgation of regulations and declares certain contraventions of the Act as punishable offences. It also provides for the usual indemnities for functionaries when exercising their statutory powers in terms of the Act in good faith.
17. Consultation: The Bill was published for public comment and appropriately adjusted in view of comments received.