Summary of Concerns with Respect to the Disaster Management Bill

Summary of Concerns with Respect to the Disaster Management Bill

List of included submissions	Abbreviation used
Amalgamated Services for Concerned Residents Association	ASCORA
The Disaster Management Institute of Southern Africa	DMISA
Disaster Mitigation for Sustainable Livelihoods Programme	DiMP
Groundwork	GW
Municipal Demarcation Board	MDB
National House of Traditional Leaders	NHTL
National Nuclear Regulator (written submission received)	NNR
Mark Pluke	Pluke
South African Local Government Association	SALGA
Allen Sharpe (written submission received)	Sharpe
South African Insurance Association	SAIA
Technikon SA	TSA

General Concerns

This section includes comments that cover more than one section of the Bill, as well as those which are not already accommodated in an existing section of the Bill.

Process issues
Mismatch between emphasis in Bill and that presented in White Paper.
Financial implications of Bill, including issue of unfunded mandate at local level.
Social context for disaster occurrence as well as links between disaster management and development.
Role of citizens, volunteers, and participatory engagement of communities.
Role of traditional leaders and indigenous knowledge.
Issues around ‘centres’ vs ‘structures at provincial and local spheres of government.
Issues around definitions.
Other issues.

Process Issues	Concern the Bill does not adequately reflect/take up priorities identified in the White Paper. Concern about limited stakeholder consultation/feedback between publication of the White Paper and formulation of the Bill (DiMP, NHTL and MDB).
Mismatch between emphasis in Bill and that presented in White Paper.	White Paper’s call for National Disaster Management Centre only and ‘structures’ for other admin levels vs Bill’s call for ‘centres’ at all spheres of govt (MDB, DiMP). Bill should reconceptualise structures… make national framework, National Centre all intergovernmental. (MDB) White Paper’s role as policy document vs Bill’s call for development of a ‘framework’ (DiMP) White Paper’s call for single nodal point MEC at provincial level and implementation at District/Metropolitan level vs Bill’s call for three types of centres. (MDB) White Paper’s call for clear rationale for declaring a disaster at local, provincial and national levels vs Bill’s emphasis on geographical distinctions (ie is a flash flood on the Orange River a ‘national disaster’ simply because it straddles two provinces?) (MDB) Developmental thrust of White paper to reduce disaster risk through broad-based engagement and shared responsibility at all levels vs Bill’s emphasis on activities carried out by disaster management centres (DiMP). Lack of emphasis in Bill on small and medium ‘undeclared’ disasters cf White Paper (DiMP) Loss of entire sections of White Paper, eg Section 6 ‘Training and Community Awareness’ (DiMP)
Financial implications of Bill, including issue of unfunded mandate at local level	The Bill states "Each metropolitan and each district municipality must establish… a disaster management centre for its municipal area." This is irrespective of their capacity/whether or not the province has entered into agreements with them. This mandate is at present unfunded. (DMISA, SALGA, Sharpe) Financial capacities of district municipalities especially in doubt to implement Bill (SALGA).
Social context for disaster occurrence as well as links between disaster vulnerability and poverty.	Need for locating disaster vulnerability in a social context, in which risk is driven primarily by failure of development and poverty. (DiMP, DMISA, MDB) Reorientation of the Bill towards benefits to people and sustainable development, rather than primary focus on building disaster management infrastructure (greater ‘people’ focus rather than ‘agency’ strengthening) (DiMP), MDB) Bill fails to identify specific risk groups known to be most exposed to disasters (ie women, children, child-headed households)
Role of citizens, volunteers, and participatory engagement of communities	Limited engagement of citizens in planning and shared risk reduction … their portrayal as ‘recipients’ of information and education, rather than active participants (DiMP, GW). Need for greater reference in Bill to volunteers as a critical aspect of disaster reduction, given inadequate governmental capacity at local level, and need for insurance coverage for volunteers stated in Civil Protection Act (No 67, 1977). (DiMP, DMISA, MDB, TSA) Need for targeted training, education and capacity-building efforts for historically at-risk groups to strengthen local risk reduction capacities and to accelerate their entry into formal emergency management services. (DiMP)
Role of traditional leaders and indigenous knowledge.	Concern that the Bill makes no mention of Traditional Authorities at any sphere of government, and the important role they play in their communities (NHTL). Related, is the absence of reference to indigenous knowledge as this applies to disasters and risks, as well as community mobilization.
Issues around ‘centres’ vs ‘structures at provincial and local spheres of government.	On one hand, there are questions about the capacities of provincial and local authorities to staff the centers proposed in the Bill (SALGA). On the other, no funding currently exists for expansion of local disaster management centers. (DMISA, SALGA) There is a lack of clarity on how provincial and local disaster management structures should operate/be organised. (MDB).
Issues around definitions	Ongoing concern about definition of ‘disaster’ (MDB) Possible need to better define the types of events/processes addressed in the Bill (DiMP). Need to rework many of the definitions given in the glossary, including ‘hazard, risk, vulnerability, emergency, early warning, hazard mapping, risk mapping, vulnerability mapping, disaster reduction, food security’ (DiMP). Detailed adjustments to definitions (see Sharpe’s comments below)
Other issues	Need to better streamline Disaster Management legislation with prevailing related legislation (ie Veld and Forest Fires Act) (DiMP) Need to better elaborate both regional and international dimensions of disaster management, including regional support responsibilities (DiMP) Role of scientific and research institutions to inform policy and practice needs greater elaboration. (DiMP). Need for rehabilitation/recovery funding to improve ‘disaster-proofness’ of communities, key facilities and infrastructure (DiMP) Concern that core disaster management functions should not be outsourced (ASCORA, MDB, SALGA) Concern that there is clear lack of capacity to deal with industrial accidents of magnitude within local authorities (GW) Concern that the Dept of Communications has been awarded administration of National Emergency Telephone Service Act (1993) … when this should be located in Dept of Prov and Local Govt to support disaster management. Also that metro and district municipalities should be responsible for emergency communication (SALGA) Concern that Bill should provide for non-politicisation of disaster assistance (ASCORA) Concern that lack of capacity specifically at local level exists with respect to industrial accidents of magnitude (GW) Concern that lack of capacity exists for emergency planning for special events (Pluke)

Introductory Pages
Title Table of contents (Sharpe)	Concern that title is long. Use words ‘uniform approach’ …." …that focuses on preventing disasters, reducing the risk of disasters occurring" "…mitigating the impact of disasters" instead of "…mitigating the severity of disasters". Mitigate means "make less severe"… and post-disaster recovery and rehabilitation" instead of post-disaster recovery There is confusion about mitigation. The Green Paper states that mitigation can occur at any time. (Sharpe) Change/amend title to address broader developmental drivers of disasters ie ‘ Disaster Management and Risk Reduction Bill’ (DiMP) Change ‘purpose’ of the Bill to emphasise benefits to people and environment, not limited to strengthening agency capacities (DiMP) Use "Delegations" or better, "Delegation of powers and duties" instead of "Delegation". Use "players" or "actors" instead of "role-players". Note. The term role-player also appears in other sections of the Bill, for example, sections 7(1)(e), 7(3), and 16, 17. It is a direct (and incorrect) translation of rolspeler. Use "national state of disaster" instead of "national states of disaster". Part 2. Use "Powers and duties of national government" rather than "National government's duties and powers". Part 3: Use "Powers and duties of provincial government" rather than "Provincial government’s duties and powers". Use "provincial state of disaster" instead of "provincial states of disaster". 51. Use "local state of disaster" instead of "local states of disasters". 53. Use "towards alleviating" rather than "to alleviate". Chapter One: Interpretation, Application and Administration of Act
Definitions (Sharpe) Definitions (DiMP)	General comment: If there is a definition of MEC, there should also be definitions of President, Cabinet member, Republic, national executive, provincial executive, Premier, Executive Council, provinces, and even organised local government and Southern Africa. It is not always clear, when referring to "provinces", whether the Bill means the organ of state and its employees, or the geographic area of the province. As there are definitions of local municipality, district municipality and metropolitan municipality, use those terms in the Bill instead of just the general term "municipality". Under "disaster", use the word "human-induced". Under "disaster management" - use "multidisciplinary process of planning and implementing measures" instead of "multi-sectoral, multidisciplinary process of planning, and implementation of measures". [Multi-sectoral means the same as multidisciplinary. The second part of the phrase could be streamlined.]; (a), use the term "preventing disasters from occurring or, if this is not possible, reducing the risk of disasters occurring" instead of "preventing or reducing the risk of disasters" (b), use the phrase "mitigating the impact and the consequences of disasters" instead of "mitigating the severity or consequences of disasters". (c), use the words "preparedness for disasters" instead of "emergency preparedness". Emergency preparedness implies preparing for a disaster in a sudden, urgent fashion when the disaster is imminent – this would not be the intention; and (d), use the phrase "a rapid and effective response to disasters and imminent disasters." [This phase of the disaster management cycle refers not only to the steps taken immediately after a disaster occurs but also to the steps taken immediately before a disaster (floods, fires, etc.) strikes, if there is advance warning. For these reasons, change "emergency preparedness" in the definitions to "preparedness for disasters", and use the phrase "a state of readiness which enables organs of state, other institutions involved in disaster management, the private sector…" instead of "a state of readiness which enables organs of state, and* other institutions involved in disaster management, the private sector…". Under "district municipality", change the wording to read as follows: "...a geographic area that includes more than one local* municipality..." Under "Minister", change the word "Minister" to "Cabinet member". Under "mitigation", change the wording to read as follows: "means measures aimed at reducing the impact and the longer term consequences of a disaster". [It is not the one or the other ("impact or effects"). It is both.] Under "national organ of state", change the wording to "means a national department or a national public entity". [When the elements have to be considered singly, it is advisable to insert the "a" each time.] (also MDB) Under "post-disaster recovery and rehabilitation", change to "means efforts, including development, aimed not only at restoring normality in conditions caused by a disaster, but also at creating conditions in which the vulnerability of communities and infrastructure to disasters is prevented or, at least, reduced." Under "prevention", change the wording to "...means measures aimed at stopping a disaster from occurring or, if this is not possible, reducing the risk of a disaster occurring;" [Preferably keep to the same wording as used under the definition of "disaster management".] Under "provincial organ of state", change the wording to "means a provincial department or a provincial public entity". Under "response", change the wording to the following: "...measures taken immediately before an imminent disaster, as well as during and immediately after a disaster, in order to protect life and property and to bring relief to people and communities affected by the disaster." Under "statutory functionary" it is presumed that the reference to "legislation" includes any regulations and proclamations promulgated in terms of legislation. It might be better to spell this out for the sake of clarity and consistency. (For purposes of comparison, the definition of "this Act" includes any regulations made in terms of the Act.) Amend/add additional terms (review White Paper), such as ‘hazard, risk, vulnerability, emergency, early warning, hazard mapping, risk mapping, vulnerability mapping, disaster reduction, food security’ (DiMP).
Application of the Act (Sharpe)
Section 2(1)(a)	Grammatical error: "if, and from the date on which, a state of emergency has been (not is) declared in terms of the State of Emergency Act...".
Section 2(2)	Given the lack of capacity in many disaster management centres, the wording should be changed "The Cabinet member (not Minister, for reasons indicated earlier) shall (not may), in consultation with the Cabinet members responsible for the administration of the national legislation concerned, issue guide-lines to disaster management centres on the categories of occurrences which are excluded from the application of this Act..."
Section 3	The preferred wording is "This Act shall be (not is) administered by a Cabinet member designated by the President. (The Bill uses the present tense ("is responsible", "takes all decisions", etc.) instead of the word "shall", which is far stronger and would be preferable in an Act of Parliament.

Chapter 2: Intergovernmental Structures and Policy Framework

4. General (Sharpe)

Section 4(2).

Section 4(3)(b).

Section 4(3)(c)(ii)

Section 4(1)(c)

Section 5

Section 6(a)

Section 6(b)

Sections 6(c)(i) and (iii)

Section 6(d). (Sharpe)

Section 6(d)(i).

Section 6(d)(ii).

Section 6(e)

Section 6(g).

Section 6(h).

Section 7

Sections 7(1)(b) and (c).

Sections 7(1)(d) and (e)

Section 7(1)(e)(vi).

Section 7(1)(e)(vii).

Section 7(1)(e)(viii).

Section 7(1)(e)

Section 7(1)(g)

Section 7(2).

Section 7(3).

The Bill does not specify how often the Inter-governmental Committee on Disaster Management must meet. Add"(3) the Committee shall meet at least twice every 12 months."

Section 4 does not stipulate who the Secretary of the Committee will be. Add new subparagraph (4): The Head of the National Centre shall be the secretary of the Committee."

The preferred wording is: "The Cabinet member shall chair the Committee."

Reword: "…is accountable to Cabinet and shall (not must) report to that body "

The better term is "uniform approach" and not "common approach".

Why not SALGA have > 10 reps to ensure all provinces represented? (MDB)

The reason for a National Disaster Management Framework is not clear. It should surely be a National Disaster Management Policy. If not, who is going to draw up the policy, which would be much more important than a mere framework? (Sharpe)

Lack of clarity about the role of the White Paper (? already existing policy) and proposed framework (new/different policy?) (DiMP)

Change wording to "guide the development and implementation of disaster management" instead of "guide the development and implementation of the concept of disaster management as envisaged by this Act." (Sharpe)

Change to read as "Establish prevention and mitigation as the core principles (not principle) of the disaster management policy". (Sharpe)

White Paper refers to ‘risk reduction’ rather than ‘prevention and mitigation’ (DiMP)

Amend as (Sharpe):(c) facilitate -

South Africa's participation and co-operation in international disaster management [ Co-operation is too passive – it could imply lending support to draft United Nations resolutions on disaster management. Participation implies active involvement].

The establishment of uniform (not joint) standards of practice regionally and internationally.

Amend to foster co-operation among the three spheres of government on issues concerning disasters and disaster management and (Sharpe)

Change the words "a disaster" to "disasters" [The framework should refer to disasters in general, not specific disasters

The term management is the broader term and it includes co-ordination. Omit "coordination and"

Change "sphere" to "spheres of government

Use either cross-functional" or "multi-disciplinary"., not both.

The preferred wording would be "provide incentives for capacity-building and training in relation to disaster management".

Change to "provide a framework within which organs of state may finance (not fund) disaster management, including the making of grants as a contribution towards (not including grants to contribute to) post-disaster recovery and rehabilitation and the payment of compensation to victims of disasters..." [If the sentence states "the payment of compensation" it should also state "the making of grants".]

The Bill does not specify how often the National Disaster Management Advisory Forum must meet. Insert (3): "The Forum shall meet at least once every 12 months." Renumber the existing subparagraph (3), to (4). (Sharpe)

There is a need for an interdisciplinary reflection on disasters. But, the Advisory Forum will simply be too large, and cumbersome. It will only come up with broad proposals…. Pref to have a smaller committee of key persons (Sharpe).

Use "high-ranking" instead of "senior". "Senior" is a relative term and national and provincial departments will be inclined to send anyone from the level of Captain to Assistant Director. The lack of high-ranking participation in disaster management was a major complaint during the February 2000 floods. (Sharpe)

The wording should limit membership to one representative of each of the institutions concerned, unless specific knowledge and expertise is required. (Sharpe)

Use "representatives" instead of "the representatives". (Sharpe)

It is unclear whether the term hospital organisations also includes private hospitals - Also include nursing profession and psychologists (who would counsel disaster victims).

It is unclear what the "disaster management professions" refers to. At present there is no recognised disaster management profession in South Africa, If it means emergency services (firemen, paramedics and ambulance men) this should be clear, as when there is a recognised disaster management profession, the wording will cause problems. (Sharpe)

NGOs cannot just include "international organizations". There are international organizations such as United Nations agencies which cannot be classified as NGOs. There are also international NGOs. Change to "other relevant non-governmental organizations which may include relief agencies and international non-governmental organizations." (Sharpe)

Insert a new section 7(1)(e)(ix) catering for "international organizations whose membership consists of states-parties to an international treaty". (Sharpe)

Why not Agri-SA, House of Traditional Leaders etc? (MDB)

Importance to have community representation on the Advisory Forum (GW)

The preferred wording is "...for a specific period or for specific discussions". (Sharpe)

Preferred wording is: "The Head of the National Centre shall chair the Forum." (Sharpe)

Preferred wording is: "The Forum is a body in which players in the field of disaster management consult with one another and co-ordinate their actions in matters relating to disaster management. Such players may, in performing this function –"

	Chapter 3 National Disaster Management
Section 8(2).	There is a strong body of opinion that holds that the disaster management centre should be located at the highest possible level, meaning the Presidency. (DiMP, DMISA, Sharpe,TSA,)
Section 9 Section 10(1). Section 10(2). Section 11 Section 12 (1)(b). Section 13 Section 13(2) Section 13 (3). Section 14 Section 14(2)(b). Section 15(1). Section 15(1)(b Section 15(1)(c) Section 15(1)(d). Section 15(1)(f)(ii). Section 15(1)(f)(iii). Section 15(1)(h). Section 15(2). Section 15(2)(a). Section 15(2)(b) Section15(3)(c) Section 15(4). Section 16(1)(b). Section 16(2). Section 17(1) Section 17(1)(b). 17(1)(c) Section 17(2). Section 17(2)(b). Section 17(2)(f). Section 17(2)(g). Section 17(2)(g)(v) Section 17(2)(h). Section 17(2)(j) and elsewhere Section 17(2)(k): Section 17(3). Section 18(1). Section 18(2). Section 19(a). Section 19(b). Section 19(c). Section 19(d). Section 20 Section 20 (1). Section 20(1)(c). Section 20(1)(d). Section 20(2). Section 21(a). 21(a)(i). Section 21(a)(ii). Section 23(1). Section 23(4). 23(5)(a)(ii). Section 24(1). Section 24(1)(h) (3) Section 25 Section 25(1)(a)(i) Section 25(1)(a)(vi). Section 25(1)(b). Section 26(1). Section 26(3). Section 27(1). Section 27(2) Section 27(2)(l).	Change to: "The objective of the National Centre is to promote an integrated and co-ordinated system of disaster management, with special emphasis (not "a" special emphasis) on prevention and mitigation, involving (not "by") national, provincial and municipal organs of state, statutory functionaries, other players (not "role-players") involved in disaster management, and communities. (Sharpe) Other sections – ie 4(3)(c)(ii), mention the private sector, NGOs and individuals. Section 9 does not refer to them. There should be consistency in the wording. Change to: "The Cabinet member shall [not Minister must] appoint a person as Head of the National Centre subject to subsection (2), section 13(1) [new section 13(1)] and legislation..." (Sharpe) Change "on terms and conditions" to "on the terms and conditions". (Sharpe) Change "the functions of office" to "the functions of his/her office". Change "during a vacancy in the office of Head of the National Centre" to "in the event of the office of Head of the National Centre being vacant". Delete the words "or instruction" because section 14 does not refer to any instruction, but only to a delegation. (In terms of the definition of "delegation", it includes an instruction to perform a duty.) (Sharpe) For disaster management to be recognised as a profession, and for centres to be taken seriously, it is essential for all the disaster management centres to be staffed by competent officials. (DMISA, SALGA, Sharpe TSA) ? insert the following new section 13(1). (1) "The Cabinet member shall ensure that the staff of the National Centre are in all respects suitable for the positions they occupy and possess the necessary knowledge, skills and competence to perform their respective functions in an efficient and effective manner". Change subsections (1), (2) and (3) to (2), (3) and (4), respectively. (Sharpe) (2)The Bill states that seconded employees will not form part of the staff of the National Centre. Considering proposed new subsection (1), as well as section 14 - delegation of powers and duties, change section 13(2) to "An employee of any organ of state or other organisation may be seconded to the National Centre by agreement between the Director-General of the Department and such organ of state or such other organisation (this part was previously omitted), and such employee shall for the purposes of this Act be deemed to be a member of the staff of the National Centre." (Sharpe) Change "directions" to "direction". (Sharpe) Use "Delegations" or, better, "Delegation of powers and duties", not "Delegation". Change the words "the responsibility concerning" to "responsibility for". (Sharpe) Change "mentioned" to "as set out". [Mentioned is too weak a word.] (Sharpe) It is better if the National Centre monitors whether there is compliance with a comprehensive National Disaster Management Policy than a mere National Disaster Management Framework. (Sharpe) Change to "act as a repository of, and conduit for, information..." (Sharpe) Change to "act as an advisory and consultative body... to (not for) –" (Sharpe) Two perspectives here. One asking what is meant by "alignment of legislation with this Act"? (MDB), and substitute "concerning the conformity of national, provincial and municipal legislation with this Act ..." for the words "for the alignment of national, provincial or municipal legislation with this Act..." (Sharpe) Change the wording: "in the event of a national disaster, on whether a national state of disaster should be declared ..." (Sharpe) Preferred wording - "shall promote capacity-building and training in relation to disaster management, in the Republic and, to the extent that may be appropriate, in other Southern African states". (Departments may not undertake actions which could impact on bilateral relations with other countries without the approval of the Minister (or Department) of Foreign Affairs, hence the insertion of the new section 15(3)(d). (Sharpe) New section 15(1)(i) [Renumber existing "(i)" to "(j)"] "(i) must promote research into all aspects of disaster management, especially prevention and mitigation"; (Sharpe) This aspect has been neglected to some extent in the past and warrants special mention. It will foster improved interaction between the National Centre and universities and research centers (Sharpe, DiMP) Insert "Subject to subsection (3)" at the beginning of the sentence. Later sections of the Bill - as well as 156 (4) of the Constitution - make it clear that disaster management is to be a competency of local authorities. It seems that 15(2)(a). which authorises the National Centre to engage in any lawful activity "in the Republic", may negate that principle.(Sharpe) This would not seem to affect foreign policy, but the Department of Foreign Affairs should, as a courtesy, be copied correspondence. (Sharpe) Change "directions" to "policy guidelines". (Sharpe) Change "administrative instructions" to "administrative guidelines". [ The meaning of administrative instructions is not clear.] (Sharpe) New section 15(3)(e). Insert a new subparagraph (e): "(e) within the foreign policy parameters laid down by the Minister of Foreign Affairs." (Ie "any other organization" in 15 (2)(a) could mean an international organization or a body such as the FEMA in the USA. In this case the Minister of Foreign Affairs would, have to give his or her prior approval of the arrangement (especially if a written agreement were to be entered into) as it could impact on South Africa's bilateral/ multilateral relations). (Sharpe) Change from "The National Centre must liaise, and strive to co-ordinate its activities, with the provincial and local disaster management centres" to … "The National Centre shall establish co-operation with the provincial and the local disaster management centres and each shall strive to coordinate its activities with the others". (Present wording implies that the National Centre should conform to the pace set by the provincial and the municipal centres. This cannot be correct. Liaise is a colloquialism and should be avoided in the formal language of legislation.) (Sharpe) Change "effective links of communication with contact persons" to "communication links with representatives". (unclear meaning of the word effective) Sharpe) Is there nothing compelling organisations to register? (MDB) Directory should include details of acknowledged disaster management experts in South Africa. (Sharpe) The Act should make provision for the Govt to task NGOs such as the SA Red Cross Society to take charge of the relief process. (ie Red Cross become an auxiliary of the state… govt would need to subsidise Red Cross). Only a general provision for this is needed in the Bill. (Sharpe) Include details of all major industries that have potential for disaster (GW) New section "16(4). The National Centre shall establish and maintain communication with universities, technikons and relevant research institutions in South Africa with a view to exchanging information and ideas on disaster-related matters, supporting educational and research programmes, synthesising practical experience and academic studies, and where feasible using universities and research institutes to undertake analyses on behalf of the government that could benefit their own research as well as policy formulation within government" (Sharpe) This does not go far enough. Once the information has been processed and analysed it must be transformed into something useful. (Sharpe) Citizens have the right to information about serious natural and human risks to which they are exposed (DiMP) Change the phrase "process and analyse and assess such information" to "process, analyse and assess such information" Change existing section 17(1)(c) to 17(1)(d) and insert the new section "17(1)(c): where possible, draw conclusions that could benefit policy formulation within government and, where feasible, publish the information or make it readily accessible to academic and research institutions" The biggest disaster facing South Africa is HIV/AIDS. There should be a link-up between the computerised information system of the National Disaster Management Centre and that of the Department of Health. Same applies to information systems of departments monitoring droughts and floods etc. (Sharpe) Change "risk factors underlying disasters and ways and means to reduce such risks" to: "the underlying causes of disasters, and the risk of disasters occurring, and ways and means to reduce such causes and risk" (Sharpe) Change "contact persons" to "representatives". (Sharpe) Change "including the location, size and other relevant data relating to" to "including the location and size of, and other information relating to" (Sharpe) Section 17(2)(g)(iv). Change "school, church and public buildings" to read as follows: "schools, churches, public buildings". (Sharpe) Change "fire fighting" to "fire-fighting". New section 17(2)(g)(viii). Consideration could be given to a new subparagraph relating to "military bases". (Sharpe) Separate capacity in neighbouring states from capacity of international relief agencies. Reword as follows: "emergency response resources and capacity in neighbouring states". The National Disaster Management Centre should not attempt to obtain the information directly but should work through the Department of Foreign Affairs. (Sharpe) New section 17(2)(i): "emergency response resources and capacity of international relief agencies". In the case of intergovernmental organizations, the National Disaster Management Centre should work through the Department of Foreign Affairs. (Sharpe) New section… also include state of emergency preparedness in various industries (GW) Change numbering of existing sections Use "National Centre", as opposed to "Centre". ("National Centre" is defined in the Definitions.) (Sharpe) Rather refer to "in the field of disaster management" i.e. disaster management as defined in the Bill. (Sharpe) Change " ... to ensure that the database, generally, is at all times..." to: "...to ensure that the database is at all times..." (Sharpe) The requirement that any other person (i.e. including a private individual) – the word "other" is incorrect - must provide information free of charge to the disaster management centre is not reasonable and ? unconstitutional. The only penalty (fine or imprisonment) for failure to supply information also applies to any such person, and not to an organ of state – see sections 55(1) and (2). Moreover, the wording of section 18(1) contrasts with that of section 45(2)(a), which specifically includes "any statutory functionary" in its description of "any person". (Sharpe) Information should also be sought from industry as to chemicals and processes occurring on each industrial site. (GW) Change to read: "An organ of state or person requested in terms of subsection (1) to provide information required by the Centre must comply with the request." ( The existing wording implies that there is no obligation on a person to provide the requested information.) (Sharpe) New section 18(4). "If any person fails to comply with a request in terms of subsection (1), that person shall be dealt with in terms of section 55." (Sharpe) The wording is confusing. Change to "develop guidelines for the compilation of disaster management plans and strategies by organs of state and, if so requested, by other institutional players (not "role-players") involved in disaster management;" Insert new subsection (b): "initiate, support & assist in the preparation, & regular review and updating of such disaster management plans and strategies by organs of state &, if so requested, by other institutional players involved in disaster management." (Sharpe) Change 19(b), (c) and (d) to 19 (c), (d) and (e). (it is doubtful if the National Centre could do this in the case of institutional players such as the Red Cross or even statutory bodies, unless invited to do so). (Sharpe) Change "assist in aligning these plans and strategies" to "promote compatibility between these plans and strategies". (Sharpe) ? doubtful that the National Centre could assist in co-ordinating the implementation of the plans and strategies, for private sector bodies such as the Red Cross, unless invited. Change to: " assist in co-ordinating the implementation of these plans and strategies by the respective organs of state and, if so requested, by other institutional players involved in disaster management (Sharpe) Plans should be made public by the National Centre (GW) Apart from the definition of disaster management, the Bill does not explain this concept further (apart from section 52), but implies that strategies on prevention and mitigation are part of the concept and principles of disaster management. This is not the case. Change the wording to: "develop guidelines for, initiate (not "and initiate"), support and assist in the incorporation of disaster management, and particularly strategies on prevention and mitigation, into national, provincial and municipal (not local) development plans, programmes and initiatives." (Sharpe) This section (prevention and mitigation at the national level) is repeated as section 33 at the provincial level, but not repeated at the municipal level. It is recommended that this section be repeated in Chapter 5, (DMISA, Sharpe) There is inconsistency in how prevention and mitigation are dealt with in the Bill… if indeed this is the prevailing emphasis, then it is not a ‘sub-section’ like Disaster Management System but the overall orientation … reflected in Sections 9 and 15 (DiMP) Change the words "to assess and prevent or reduce" to "in assessing and preventing or reducing".(Sharpe) Change to : "the incorporation (not "integration" of prevention and mitigation methodologies in (not "with") development plans, programmes and initiatives". (Sharpe) Change "high risk" to "high-risk". (Sharpe) The meaning of "high-risk developments" is not clear. (ie building on flood plains, or factories/plants that pose a safety or health risk to the workers and the occupants of surrounding areas) (Sharpe) New section 20(2) [Renumber the existing "(2)" to "(3)"] "(2) The National Centre shall encourage the dissemination of information on disaster prevention and mitigation to all levels of South African society." (Sharpe) Ensure that organisations such as the Atomic Energy Corporation, Telkom and Eskom are covered. New section 21. "Co-ordinating and leading role in recovery stage - 21. The National Centre shall, when called upon to do so by the Cabinet member, play a coordinating role in the recovery stage following a national disaster and shall take the lead in all matters associated therewith, including reconstruction." ( The National Centre may have to perform the functions undertaken by the Command Centre, after the February 2000 floods. This should be mentioned prominently. … tasks include assessing the extent of damage, identifying projects aimed at remedying the situation, prioritising those projects in consultation with the organs of state concerned, soliciting funding for those projects from the National Treasury where appropriate, ensuring that the relevant organs of state take the necessary steps to put the projects into operation, and verifying that the allocated funds have been spent only on approved projects) (Sharpe). The new section 21(a)(i) and the reworded section 27(2)(m) should also help. (Sharpe) There should be a similar provision at the provincial & municipal spheres of govt (Sharpe) Insert new sub-paragraph (i) and renumber the subsequent sub-paragraphs: (i). steps taken with regard to post-disaster recovery and rehabilitation aimed at restoring normality in the conditions caused by the disaster and at creating conditions in which the vulnerability of communities and infrastructure to disasters is prevented or, at least, reduced. (Sharpe) The sections relate to the preparation and regular updating of disaster management plans by organs of state ie provincial & local authorities. It is not clear who the institutional players" are. (Sharpe) Change "the integration of these initiatives with development plans" to "the incorporation of these initiatives into development plans". Change : "…, and, if so, the Centre must" to "and, if it does so qualify, the Centre shall". Note commas (Sharpe) A functional classification of a disaster is required along with geographical criteria (MDB) Reword(4) A disaster is a local disaster if -(a)……,(b) the metropolitan municipality is able to deal with it alone; or if the district municipality is able to deal with it either alone or with the assistance of any local municipalities in its geographic area; or if the local municipality is able to deal with it either alone or with the assistance of other local municipalities in the geographic area of the same district municipality. (Sharpe) Use the words "geographic area". It is not clear why it should be stated that the district municipality should be able to call upon the assistance of the local authorities in its geographic area, if this is not stated for the metropolitan council. (Sharpe) Change to : "The National Centre must submit a report to the Cabinet member (not Minister) annually on " or, even better, "…must submit an annual report to the Cabinet member on…" (Sharpe) These reports must also be made accessible to the public (GW) Change heading to "Powers and duties of national government" (Sharpe) Is the approach of getting departments to produce plans the best way, or better to have the National Inter-Governmental Committee approve an integrated plan that Departments must then implement? (MDB) Change sub-paragraph (i) from "the way in which the concept and principles of disaster management are to be applied in its functional area" to "the way in which disaster management is to be applied in its functional area." (Sharpe) Insert " tender procedures and" just before the words "measures to finance these strategies". (Sharpe) Words "and align" are misplaced. Change the wording to : "co-ordinate (omit 'and align') the implementation of its plan with the implementation of those of other organs of state and institutional players ". (Sharpe) The term management is the broader term and it includes co-ordination. Omit "coordination and" (Sharpe) Change to "… in dealing with" (not "to deal with") a national disaster and its consequences. The second part of the sentence should be a new sentence, i.e. "The national executive shall (not "must"), in exercising its primary responsibility, act in close co-operation with the other spheres of government." (Sharpe) ? a disaster will have to be declared twice, once in terms of the Disaster Management legislation, and the other in terms of the Fund-raising Act, 1978 (Act 107 of 1978). A state of disaster should be declared only once, within 24 hours, in a single Act. The funds available for disbursement should be located within the National Disaster Management Centre (Sharpe) Suitable arrangements would be needed for accessing the funds in the event of a provincial or local state of disaster being declared. (Refer to Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983). Here, the minister, with the agreement of the Minister of Finance, can establish a scheme in which subsidies may be paid to land users to repair damage to the natural agricultural resources or soil conservation works caused by a flood or any other disaster caused by natural forces…without mentioning that a state of disaster being declared) (Sharpe). If an industrial accident results in a disaster, the industry concerned must not be permitted to resume production until the advisory committee is satisfied that the industry is safe to do so without causing further harm/repeating the accident. (GW) New section 27(2). Provision should be made for the state of disaster to end., ie "A national state of disaster shall remain in force for a period of 30 days from the date of declaration of the disaster, unless the Cabinet member withdraws such declaration before expiry of the period, by notice in the Government Gazette: Provided that the Cabinet member may from time to time by like notice extend the declaration before the expiry of such period or any extension thereof." (Sharpe) Avoid "directions" … Rather use the word "directives". (? doubtful if the regulations etc. issued by a Minister would be able to over-ride the provisions of an Act of Parliament. For the most effective provision of relief and the reconstruction, better to develop a set of procedures beforehand. Those procedures and requirements should be Gazetted and automatically become effective whenever a state of disaster is proclaimed. (Sharpe)

Chapter 4: Provincial Disaster Management

Section 28(1)

Section 29

Section 29(2).

Section 30(1)(b).

Section 30(1)(c).

Section 30(1)(d).

Section 30(1)(f)(ii).

Section 30(1)(f)(iii).

Section 30(2).

Section 30(3)(b).

Section 30(3)(c).

Section 30(4).

Section 32(1)(a).

Section 32(1)(c)(ii).

Section 32(2)(a).

Section 32(2(b).

Section 33 (1).

Section 33(1)(c).

Section 33(1)(d).

Section 33(2).

Section 34(1)(a).

Section 34(1)(a)(i).

Section 34(1)(a)(ii)

Section 35(1).

Section 36

Section 36(1).

Section 37

Section 37(1)(a)(i).

Section 37(1)(a)(vi).

Section 37(1)(b).

Section 37(3).

Section 38

Section 38(1)(b

Section 38(2((f).

Section 38(2)(g)(iii).

Section 39(1).

Section 39(3).

Section 40

Section 40(1).

Section 40(2)

Section 40(2)(h).

Section 40(2)(l).

Section 40(3)(a).

Use "uniform approach" .

The reason for the Bill referring to a policy framework for disaster management is not clear. It should surely be a policy. If not, who is going to draw up the policy?

Recurrent question about need for provincial Disaster Management ‘Centres’, vs ‘Structures" (DiMP, MDB)

Rephrase "A provincial disaster management centre resorts directly under the Director-General of the provincial administration." (Sharpe) There is significant support for locating disaster management centre the highest possible level, meaning the Premier's Office or at least the Office of the Director-General. (DMISA, Sharpe, TSA.)

New section "29(3) The Director-General of the provincial administration shall ensure that the staff of the provincial disaster management centre are in all respects suitable for the positions they occupy and possess the necessary knowledge, skills and competence to perform their respective functions in an efficient and effective manner" – reflects concern that head of disaster management should be qualified (DMISA, Sharpe, TSA)

Reword to "special emphasis", not "a special emphasis". In section 4(3)(c)(ii), there was specific mention of the communities and individuals. Section 30(1)(b) does not include a direct reference to them. This should be consistent. (Sharpe).

Change to "act as a repository of, and conduit for, information (Sharpe)

Change to "act as an advisory and consultative body... to (not for) –"

Substitute "concerning the conformity of provincial and municipal legislation with this Act ..." for "for the alignment of provincial or municipal legislation with this Act..."

Change the wording as follows: "in the event of a provincial disaster, on whether a provincial state of disaster should be declared ..." (Sharpe)

Insert "Subject to subsection (3)" at the beginning of the sentence. (Sharpe)

Change "directions" to "policy guidelines". (Sharpe)

Change "administrative instructions" to "administrative guidelines (Sharpe)

New section 30(3)(e). Insert the new subparagraph (e): "(e) within the foreign policy parameters laid down by the Minister of Foreign Affairs." (Sharpe)

Change sentence to " A provincial disaster management centre shall establish co-operation with the National Centre and with the municipal disaster management centres in the province, and shall coordinate its activities with them" (Sharpe)

Section 31. Insert the following new section 31, and renumber the existing paragraph 31 et seq.: "31. The Director-General of the provincial administration shall, with due regard to section 29(3) [new section 29(3)] assign a member of the provincial administration to head the provincial disaster management centre." (Sharpe)

Bill uses "in the province", e.g. "role-players in the province". It is not clear if this means provincial organs of state and provincial officials, or national departments, NGOs, etc. situated in the geographical area of the province. (Sharpe)

Change the wording to read as follows: "the incorporation of disaster management, and particularly strategies on prevention and mitigation, into development plans and programmes." (Sharpe)

The requirement that any other person must provide information free of charge to the disaster management centre is not reasonable and could also be unconstitutional). Moreover, section 32(2)(a) contrasts with that of section 45(2)(a), which specifically includes "any statutory functionary" in its description of "any person". (Sharpe)

Change to: "A provincial organ of state or other person (Note: "other person" implies anyone in the country, or is it any person in the province?) requested in terms of subsection 2(a) to provide information required by the provincial disaster management centre must comply with the request." (Sharpe)

New section 32(2)(d). "If any person fails to comply with a request in terms of subsection (2)(a), that person shall be dealt with in terms of section 55." (Sharpe)

Change to "A provincial disaster management centre must, to the extent that it has capacity, give guidance …in assessing, preventing and reducing…"`(Sharpe)

Change to "the incorporation (not "integration") of prevention and mitigation methodologies into (not "with") development plans, programmes and initiatives in the provincial sphere of government".

Change "high risk" to "high-risk". (The meaning of "high-risk developments" is not clear).

New section 33(2) [Renumber the existing "(2)" to "(3)"]

"(2) A provincial disaster management centre must encourage the dissemination of knowledge on disaster prevention and mitigation to all levels of the community in the province." (Sharpe)

Check that organisations such as the Atomic Energy Corporation, Telkom and Eskom are catered for.

Insert the following new sub-paragraph (i) and renumber the subsequent sub-paragraphs:

(i). "steps taken with regard to post-disaster recovery and rehabilitation in the province, aimed at restoring normality in the conditions caused by the disaster and at creating conditions in which the vulnerability of communities and infrastructure to disasters is prevented or, at least, reduced". (Sharpe)

The sections referred to relate to provincial and municipal organs of state. Who are the "other institutional players?.(Sharpe)
Change "the integration of these initiatives with development plans" to "the incorporation of these initiatives into development plans". (Sharpe)
Change: "…, and if it does so qualify the Centre must" to "and, if it does so qualify, the Centre shall". (Sharpe)
Should there not be one national report, and after each individual disaster, reports from the relevant authority (local, provincial and national)? (MDB
Change to : "The disaster management centre of a province must submit a report to the … annually on " or, even better, "…must submit an annual report to the …" (Sharpe)
Should the disaster management plans not be linked to IDPs? (MDB)
Metropolitan and district municipalities should have capacity to provide coordinated disaster management. But if local municipalities are tasked to implement disaster management, this could undermine coordination and integration. (SALGA)
The Act does not explain the concept and principles of disaster management. Change sub-paragraph (i) from "the way in which the concept and principles of disaster management are to be applied in its functional area" to "the way in which disaster management is to be applied in its functional area." (Sharpe)
Insert " tender procedures and" just before the words "measures to finance". (Sharpe)
The words "and align" are misplaced. Change to : "co-ordinate the implementation of its plan with the implementation of those of other organs of state & institutional players (Sharpe)
Change: "… to the relevant provincial disaster management centre and to the National Centre." [Provincial organs of state should in the first instance work through the provincial disaster management centre.] (Sharpe)
Establishment of disaster management centers is prerequisite for effective disaster management. (SALGA)
The words "and align" are misplaced. Change to co-ordinate the implementation of its plan with the implementation of those of other organs of state and institutional players (Sharpe)
Change to "Facilitate the achievement of maximum emergency preparedness." (Sharpe)
Refer to notes made under Section 27(2) (l) on procurement of goods and services (Sharpe)
The term management is the broader term and it includes co-ordination. Omit "coordination and"
Change from "to deal with" to "in dealing with". (Sharpe)
Appointment of functional heads for disaster management centers at all levels ensures that disaster management is not a hidden responsibility in a municipal dept (SALGA)
Change to : "In the event of the National Centre having classified a disaster as a provincial disaster in terms of section 23(1)(b), the Premier …" (Sharpe)
New section 40(2). Provision should be made for the state of disaster to end after a time. "A provincial state of disaster shall remain in force for a period of 30 days from the date of declaration of the disaster, unless the Premier concerned withdraws such declaration before expiry of the period by notice in the provincial gazette: Provided that the Premier may from time to time by like notice extend the declaration before the expiry of such period or any extension thereof." (Sharpe)
Use the word "directives".
The United Nations has guide-lines on post-disaster emergency housing and these should be consulted well before a disaster strikes.
Refer to notes made under Section 27(2) (l) on procurement of goods and services (Sharpe)
Reword: "assisting the public and protecting their lives, livelihoods and property " (the existing wording "assisting and protecting the public" is too general). (Sharpe)

Chapter 5: Municipal Disaster Mangement

Section 41(1).

Section 42(1)

Section 43(1)(b).

Section 43(1)(c).

Section 43(1)(d).

Section 43(1)(f)(ii).

Section 43(1)(f)(iii).

Section 43(2)

Section 43(3)(b).

Section 43(3)(c).

Section 43(4).

Section 44.

Section 45(1)(a), (b), (c).

Section 45(1)(c)(ii).

Section 45(2)(a).

Section 45(2)(b).

Section 46(1).

Section 47(1).

Section 47(2).

Section 48.

Section 48(1)(b).

Section 48(2)(f).

Section 48(2)(g)(iii).

Section 48(3).

Section 49(1)(a)(i).

Section 49(1)(b).

Section 49(1)(a)(vi).

Section 50(1)(a).

Section 50(4).

Section 51(1)

Section 51(1)(b)

Section 51(2)(l).

Section 51(3)(a).

Section 52(1)(a).

Section 52(2).

Section 52(2)(a).

Section 52(2)(c).

Section 52(2)(d )

Section 52(2)(f).

Section 53

Section 53(a).

Section 53(c).

Section 53(e).

Section 55 (1) and (2).

Section 57

Memorandum on the objects of the Bill: (Sharpe)

The better term is "uniform approach" and not "common approach". (Sharpe)

The reason for the Bill referring to a "policy framework for disaster management" is not clear. (Sharpe)

Add the following sentence. "Such centre shall report directly to the appointed official who occupies the most high-ranking position within the municipality." (Sharpe)

Note: In terms of Part A of Schedule 4 of the Constitution, disaster management is a functional area of concurrent national and provincial competence. But, the Disaster Management Bill places an obligation on metropolitan and district municipalities to establish disaster management centres, irrespective of their capacity and whether or not the province has entered into agreements with the municipalities for the latter to act as agents of the province. In this connection Section 42(1) of the Bill states that "Each metropolitan and each district municipality must establish in its administration a disaster management centre for its municipal area." (DMISA, Sharpe). This provision could be contrary to the Constitution.

Even if not, provinces will be required to enter into agreements with the metropolitan and district municipalities for the latter to establish disaster management centres. In terms of section 9(3) of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000), funding will have to be provided for this purpose, although this is not yet agreed.

There is a strong support for locating the disaster management centre at the highest possible level. This would mean the chief executive officer of a municipality/executive mayor (DMISA, Sharpe, TSA).

New section 42(3) It is essential for all the disaster management centres to be staffed by competent officials. (DMISA, SALGA, TSA) "The appointed official who occupies the most high-ranking position within the municipality shall ensure that the staff of the municipal disaster management centre are in all respects suitable for the positions they occupy and possess the necessary knowledge, skills and competence to perform their respective functions in an efficient and effective manner".

Reword to "special emphasis", not "a special emphasis". (Sharpe)

In sections 4(3)(c)(ii) and 9, there was specific mention of, for example, the private sector, communities, individuals, NGOs and also statutory functionaries. Section 43(1)(b) does not include a direct reference to them. This should be consistent. (Sharpe)

Change to "act as a repository of, and conduit for, information..."

Change to "act as an advisory and consultative body... to (not for) –"

Substitute "concerning the conformity of municipal legislation with this Act ..." for "for the alignment of municipal legislation with this Act..."

Change to: "in the event of a local disaster, on whether a local state of disaster should be declared ..." (Sharpe)

Insert "Subject to subsection (3)" at the beginning of the sentence. (Sharpe)

Part 2 of Chapter 5, including this section, makes it clear that disaster management is a competency of local authorities. It would seem that sections 15(2)(a), 15(4), 30(2) and 30(4) may negate this principle because they authorise disaster management centres at higher spheres of government to become involved at the municipal level. (Sharpe)

Change "directions" to "policy guidelines".

Change "administrative instructions" to "administrative guidelines (Sharpe)

New section 43(3)(d). Insert the new subparagraph "(d): within the foreign policy parameters laid down by the Minister of Foreign Affairs. "

Change "A municipal disaster management centre must liaise with and co-ordinate its activities with those of the National Centre and the relevant provincial disaster management centre" to " A municipal disaster management centre shall establish co-operation with the National Centre and with the relevant provincial disaster management centre, and shall coordinate its activities with them." (Sharpe)

Insert the new section 44(1): "The appointed official who occupies the most high-ranking position within the municipality shall, with due regard to section 42(3) [new section 42(3)], assign a member of the municipality to head the municipal disaster management centre."

Change the existing sections 44(1) and (2) to 44(2) and (3).

New section 45. Section 20 (prevention and mitigation at the national level) is repeated as section 33 at the provincial level. It is not repeated at the municipal level. It is unknown whether this is by accident or design, but it would be relevant at the municipal level. It is recommended that this section be repeated also in Chapter 5, as a new section 45, but with the necessary changes (DMISA, Sharpe)

Remove "to" at the beginning of each phrase and insert the word "to" at the end of the introductory phrase, i.e. " ...at that centre's request, to – " (Sharpe)

Apart from the definition of disaster management, and the guiding principles set out in section 52, the Bill does not explain the concept and principles of disaster management. Change to "the incorporation of disaster management, and particularly strategies on prevention and mitigation, into development plans and programmes.

The sentence is too long and difficult.. Is this what was meant?…

Section 45(2)(a): The disaster management centre of any metropolitan municipality (Note: the word "municipality" is not defined, hence the change) may, by notice in writing, request any person (Note: "any person" implies anyone in the country, or is it any person in the metropolitan municipality?) in possession of information required by the centre for the purpose of subsection (1)(a) or (b), including –

any statutory functionary of the metropolitan municipality; and

any department or other internal unit within the administration of the metropolitan municipality;

to provide the required information free of charge to the centre within a period determined by the centre. (Sharpe)

New Section 45(2)(b): The disaster management centre of any district municipality (Note: the word "municipality" is not defined, hence the change) may, by notice in writing, request –

any person (Note: "any person" implies anyone in the country, or is it any person in the district municipality?) in possession of information required by the centre for the purpose of subsection (1)(a) or (b), including –

any statutory functionary of the district municipality; and

any statutory functionary of a local municipality in the geographic area of the same district municipality;

any department or other internal unit within the administration of the district municipality; and

any department or other internal unit within the administration of a local municipality in the geographic area of the district municipality,

to provide the required information free of charge to the centre within a period determined by the centre. (Sharpe)

Note 1. Unlike sections 18(2) and 32(2)(b), section 45(2) does not contain a subsection requiring a (municipal) organ of state or statutory functionary, to furnish the required information. This questions the need for the corresponding sections 18(2) and 32(2)(b).

Note 2. The requirement that any person must provide information free of charge to the disaster management centre is not reasonable and could also be unconstitutional. In terms of the existing wording, the only real penalty (fine or imprisonment) for failure to supply information applies to any such person and not to an organ of state - see section 55(1) and (2). (Sharpe)

Rephrase as "If a department or other internal unit or a statutory functionary of a metropolitan or district municipality, or a municipal entity under the control of such municipality, fails to comply with a request in terms of paragraph (a), the municipal disaster management centre concerned must report the failure to the relevant municipal manager..."

New section 45(2)(c). "If any person fails to comply with a request in terms of subsection (2)(a), that person shall be dealt with in terms of section 55."

Change to: "When a disastrous event occurs or is threatening to occur in the area of a metropolitan or district municipality…" Also, change as follows: "…, and, if so, shall immediately –". (Sharpe)

Change to : "The disaster management centres of metropolitan and of district municipalities must each submit a report to the … annually on " or, better, "…must each submit an annual report to the …" .(Sharpe)

Change to: "The disaster management centres of metropolitan and of district municipalities must each submit a copy of its report to the …" (Sharpe)

Does this apply to metropolitan or district or local municipalities, or to all three? (Sharpe)

"and align" are misplaced. Change to " co-ordinate the implementation of its plan with the implementation of those of other organs of state and institutional players ".

Change to "Facilitate the achievement of maximum emergency preparedness. (Sharpe)

Refer to notes made under Section 27(2) (l) on procurement of goods and services (Sharpe)

This could be read as requiring local municipalities to consult among themselves, but the intent is that they should each consult with the district municipality. Change to: "Each district municipality shall compile its disaster management plan after consultation with the local municipalities within its geographic area, and each local municipality shall compile its disaster management plan after consultation with the district municipality in whose geographic area it resorts." (Sharpe)

The Act does not explain the concept and principles of disaster management. Change the wording of sub-paragraph (i) to "the way in which disaster management is to be applied in its functional area." (Sharpe)

Change to: co-ordinate the implementation of its plan with the implementation of those of other organs of state and institutional players

Insert " tender procedures and" just before the words "measures to finance these strategies". (Sharpe)

The term management is the broader term and it includes co-ordination. Omit ‘and coordination’ (Sharpe)

Change the words "to deal with" to "in dealing with". (Sharpe)

Change to: "In the event of the National Centre having classified a disaster as a local disaster in terms of section 23(1)(b), or in the absence of any classification of a disaster in terms of section 23, the council …"

The term management includes co-ordination. Omit "coordination and" (Sharpe)

New section 51(2). Provision should be made for the state of disaster to end after a time. "A local state of disaster shall remain in force for a period of 30 days from the date of declaration of the disaster, unless the council of the municipality concerned withdraws such declaration before expiry of the period by notice in the gazette: Provided that the council of the municipality concerned may from time to time by like notice extend the declaration before the expiry of such period or any extension thereof." (Sharpe)

Surely this is too narrow… surely rebuilding should be done in terms of IDPs, allowing for restructuring? (MDB)

Refer to notes made under Section 27(2) (l) on procurement of goods and services (Sharpe).

Rephrase as: "assisting the public and protecting their lives, livelihoods and property ".(Sharpe)

Change " … financially contribute…" to "… contribute financially…" Also change "finance management" to "financial management".

New section 52(1)(b). Add on the following new section 52(1)(b) and renumber the present subsection (b) to (c).

"In cases where financial assistance is requested for the purposes of subsection (a), a decision on such financial contribution shall be taken at the earliest opportunity." (Sharpe)

New section 52(1)(d). "All organs of state concerned, at all spheres of government, shall take all lawful steps to facilitate an effective, efficient and expeditious response to the disaster." (This should help alleviate concerns that the Bill contains no time-frames.) Sharpe)

Change "subsection (1)(b)" to "subsection 1(a)".

The wording is incorrect. Financial assistance cannot "take into account". The section should read as follows: "…of the relevant government. Moreover, the national, provincial or local organ of state concerned shall take into account -" (Sharpe)

Change from "have been taken, and if not," to "were taken and, if not, . (Sharpe)

Omit "in the circumstances".

Add ", including maintenance," after the word "measures". [After the February 2000 floods that the damage caused to roads was worse than what it would have been, had proper maintenance been done.] (Sharpe)

Change the position of the comma from "by adequate insurance, and if not," to "by adequate insurance and, if not, ". (Sharpe)

Change "accessibility to insurance" to "ability to obtain and pay for commercial insurance". The word "accessibility" is not correct and should read "access". However, people may have access to commercial insurance but they may not be able to afford it. (Sharpe)

Rephrase: "If, in the event of a local or provincial disaster, the relevant municipality or province should request the national government to contribute financially to the response operations, or to the post-disaster recovery and rehabilitation, the following factors shall be taken into account:" Note. Perhaps it should also be made clear that the municipality should not approach the national government directly for assistance, but should work through the province.(Sharpe)

New section 53. There should be ? a new section 53, making provision for municipalities to enter into formal mutual aid agreements concerning any matter relating to disaster management. Provision for mutual aid agreements is already contained in section 10(a)(2) of the Civil Defence Ordinance, 1977 (Ordinance 20 of 1977), (Gauteng, previously Transvaal). (Sharpe)

Change from "have been taken or initiated by the municipality or province, and if not," to "were taken or initiated by the municipality or province and, if not, ".(Sharpe)

It is not clear why the words "or initiated" have been included in this section because they do not appear in the corresponding section 52(2)(a).

It is not clear why the words "or initiated" have been included in this section because they do not appear in the corresponding section. 52(2)(c).

Omit the words "in the circumstances".

Change from "are exhausted" to "have been exhausted. ( It is if funds will have been exhausted but they could well have been depleted to an extent. Rather use the wording: "the extent to which the financial resources of the municipality or province, as the case may be, have been depleted." (Sharpe)

The fine should also apply to organs of state, and not only to persons. (Sharpe)

Change to: "The Civil Protection Act…is, to the extent that the provisions … have not been applied to a province, hereby repealed." Change the wording of the second sentence to read as follows: "Provisions of that Act that were assigned to a province, shall continue to apply in the province…" (Sharpe)

Paragraph 1. "core principles" not "core principle".

Paragraph 4. "uniform" not "common". Also, an important part of disaster management is post-disaster recovery and rehabilitation. This should be mentioned. As far as possible, keep to the amended wording of the definition of "disaster management" in the Bill.

Paragraph. 5 – Use the words "human-induced" or, even better, "man-made", but not "human-caused". Also, refer to "incidents of a nature (not kind)"

Paragraph 6. "uniform" not "common". If the National Disaster Management Framework will provide a "coherent, transparent and inclusive policy on disaster management" then it cannot be a framework (shell or skeleton).

Paragraph 8. The Forum will not necessarily consist of senior administrative representatives of national and provincial departments. They could be technical and professional representatives (engineers, doctors, etc.).

Paragraph 9. "repository of and conduit for".

Paragraph.10. "include" not "includes".

Paragraph 11. "from assisting" not "to assist"