TELKOM’S SUBMISSIONS

RE: SUGGESTED AMENDMENTS

DISASTER MANAGEMENT BILL, 2002

Definitions

Problem

The following terms are not defined / or are badly defined

  • National organs of state – widely defined to include parastatals like Telkom, but excludes other telecom operators like Vodacom, MTN, Cell C and the SNO

  • Communication links – not defined

  • Institutional role-players – not defined, although the term is frequently used in the Bill

Proposed alternative wording (s1)

National organs of state

Should be defined to exclude parastatals, and to take into account Telkom’s pending privatisation

Should not discriminate between Telkom and the other telecom operators

Communication links

The definitions in s1 of the Telecommunications Act, 1996 should apply to telecom links in order to eliminate confusion

Specifically, the following definitions are relevant:

"telecommunication" means the emission, transmission or reception of a signal from one point to another by means of electricity, magnetism, radio or other electromagnetic waves, or any agency of a like nature, whether with or without the aid of tangible conductors

"telecommunication facility" includes any wire, cable, antenna, mast or other thing which is or may be used for or in connection with telecommunication

"telecommunication service" means any service provided by means of a telecommunication system

"telecommunication system" means any system or series of telecommunication facilities or radio, optical or other electromagnetic apparatus or any similar technical system used for the purpose of telecommunication, whether or not such telecommunication is subject to re-arrangement, composition or other processes by any means in the course of their transmission or emission or reception;

Institutional role-players

Although this term is widely used in the Bill, it is not defined anywhere

It is unclear to Telkom at this point who the drafters of the legislation intended to refer to by this term

Disaster management frameworks

Problem

The Bill makes inadequate provision for prior consultation with stakeholders about disaster management frameworks

Proposed alternative wording

S6 makes provision for consultation at the national level.

Ss 28 and 42 should be amended to provide for consultation at the provincial and municipal level along the lines of s6

Provincial disaster management frameworks (s28)

It is suggested that the following clauses be added:

  1. The MEC, by notice in the Provincial Gazette must prescribe or amend a provincial disaster management framework, taking into account any comments received from the public submitted in terms of subsection (4)

  2. Before prescribing or amending the provincial disaster management framework, the MEC must publish particulars of the proposed framework or amendment in the Provincial Gazette for public comment

Municipal disaster management frameworks (s42)

It is suggested that the following clauses be added along the lines of s6:

  • The executive mayor or the mayor, by notice in the Provincial Gazette must prescribe or amend a municipal disaster management framework, taking into account any comments received from the public submitted in terms of subsection (5)

  • Before prescribing or amending the municipal disaster management framework, the executive mayor or the mayor must publish particulars of the proposed framework or amendment in the Provincial Gazette for public comment

    • Disaster management plans

    Problem

    • The Bill effectively requires parastatals to prepare their own disaster management plans

    • The Bill makes inadequate provision for prior consultation with stakeholders about disaster management plans

    Proposed alternative wording

    Parastatals should not be required to prepare plans, as this is appropriately a government competency

    This can be achieved by either:

    • Amending the definition of an organ of state in s1 to exclude parastatals

    • Amending s25(1) to exclude parastatals:

    Each national organ of state indicated in the national disaster management framework, excluding parastatals …

    Consultation

    The following subclause should be inserted into ss 25, 39 and 52:

    The [Minister / MEC / executive mayor / mayor] may only prescribe or amend the [national / provincial / municipal] disaster management plan after consultation with other organs of state and institutional role-players

    Need to think of better wording

    Disaster management advisory fora

    Problem

    The Bill makes no provision for experts and representatives from organised business to be consulted before being designated to sit on the disaster management advisory for a

    Proposed alternative wording

    Provincial disaster management advisory forum (s37)

    It is suggested that a new subsection (3) be inserted at the end of s37:

    "The MEC may only establish the forum after consultation with the disaster management role-players referred to in subsection (1)

    Municipal disaster management advisory forum (s51)

    It is suggested that a new subsection (3) be inserted at the end of s37:

    "The executive mayor or the mayor may only establish the forum after consultation with the disaster management role-players referred to in subsection (1)

    Disaster management centres

    Problem

    The Bill makes no provision for prior consultation with stakeholders about the disaster management centres

    National disaster management centre (s8)

    It is suggested that a new subsection (3) be inserted at the end of s8 as follows:

    The Minister must establish the national disaster management centre in consultation with other organs of state and institutional role players who are involved in disaster management at a national level

    Provincial disaster management centres (s29)

    It is suggested that a new subsection (3) be inserted at the end of s29 as follows:

    The MEC of each province must establish a provincial disaster management centre in consultation with other organs of state and institutional role players who are involved in disaster management in that province

    Municipal disaster management centres (s43)

    It is suggested that s43(1) be amended as follows:

    Each metropolitan and each district municipality must establish in its administration a disaster management centre within its area in consultation with the institutional role players who are involved in disaster management within that area