groundwork seeks to improve the quality of life of vulnerable people in South Africa

and Southern Africa through assisting civil society to have a greater impact on environmental governance. GroundWork places particular emphasis on assisting vulnerable and previously disadvantaged People who are most affected by environmental injustices.

groundwork works with communities who are mobilizing around industrial pollution in areas such as South Durban, Secunda, Sasolburg and Cape Town which have large industrial development centres. All these areas have the potential to be a disaster zone as a result of industrial accidents, that could result in toxic gases, liquids and solids being exposed to the community and environment that could lead to death and sever injury.

Both Sasol Polymer and Sappi Saiccor in South Durban, Kwa Zulu-Natal have had repeated chlorine and sulphur gas leaks respectively over the last five years, that has affected local communities and school children in the vicinity. Other examples of industrial accidents that caused widespread problems was the Macassar sulphur fire that resulted in two deaths and hundreds of health related problems. More recently the South African oil industry there has been a variety of oil refinery accidents which has resulted in worker deaths. All four of South African oil refineries have had accidents this year that has impacted upon life and the environment.

This submission will comment on the Disaster Management Bill (hereafter "the Bill") and present a few industrial related accidents that could have been termed "disaster".

The Minister of Provincial and Local Government must be commended for mandating the development of the Bill. groundWork's comments are submitted in order that Provincial and Local Government Portfolio Committee could review and consider a more specific inclusion of disaster to include accidents as a result of human activity, i.e. industrial practices.

In working with communities in the areas mentioned above it is clear that there is a lack of capacity within the local authorities to deal with an industrial accident of magnitude, thus resulting in a disaster.

Industry must be acknowledged in the Bill to be a potential human activity that could lead to a disaster.

It is encouraging to note that the Bill considers this an important factor. The National Disaster Management Advisory Forum is welcomed, and groundWork encourages government to include community representation on the Advisory forum at a national level, and for government to develop these advisory forms at a provincial and most importantly at a local level, where there is major industrial development that has the potential for a disaster.

Section 16(2)(a):

This section should include particulars of all major industry that could have the potential for a disaster.

Section 17(2)(i):

This section should also include the state of emergency preparedness in the various industries.

Section 18(1):

Information should also be sought from industry as to what chemicals and processes are occurring on each industrial site.

Section 19(c): These plans must be made public by the National Centre.

Section 24(1 )(h)(3): These reports must be made accessible to the public as well.

In all spheres, at the national, provincial and local, if an industrial accident results in a disaster, that industry must not be allowed to resume production until the advisory committee is satisfied that that particular industry is safe to do so without causing further harm or repeat of a similar incident'.

Section 19, 28, 37, 38, 41, 48 and 49

It is important in developing a framework and plan of action for the eventuality, that civil society should be involved in these frameworks and plans, especially at a local level. It should not only be the organs of state and institutional role-players.

All three levels of these centres, at a national, provincial and municipal level must have the power to close industry that has been the cause of the disaster, or that could add further impact if impacted upon by another disaster.