No comments are after 14 January 2002 will be considered.
a rapid and effective response to.
Local Government: Municipal Structures Act,1998 (Act No.
"national organofstate" means a national department or national public entity defined in section 1 of the Public Finance Management Act,1999 (Act No.
"provincial organ of state" means a provincial department or provincial public entity defined in section 1 of the Public Finance ManagementAct, 1999 (Act No.
j "response",in relation to a disaster, means measures taken during a or immediately after disaster in order to bring reliefto people and communities affected by the disaster; "special event"means any assemblyor concourse. of people in or on any public place, stadium or premises open to the public, other than a gathering as definedin section 1of the Regulation of Gatherings Act, 1993(Act No.
the capacity of such public place, stadium or premises exceed 20 000 persons; and place, stadium or premisesin question; "statutory functionary"means a person performing a function assigned to that person by national, provincial or municipal legislation; "this Act" includes any regulations made in termsof section 59. "vulnerabllity" means the degree to which an individual, a household, a community or an area may be adversely affected by a disaster.
if, and from the date on which, a state of emergency is declared to deal with that occurrence in terms of the Stateof Emergency Act, 1997(ActNo.
The Minister may in consultation with Cabinet members responsible for the administration of national legislation referred to in subsection (l)(b), issue guidelines on the application of that subsection.
Where provincial legislation regulating disaster managementin a province is inconsistent with this Act, this Act prevails over the provincial legislation subject to section 146 of the Constitution.
This Act is administered by a Cabinet member designated by the President.
Management consistingof-Cabinetmembersinvolved in disaster management or theadministration of legislation referred to in section2(l)(b); MECs of each province involved in disaster management or the implementationof legislation referred to in section 2(l)(b) in their respective provinces, selected by the Premier of the province concerned; and representativesof organised local government, selected by the South African Local Government Association.
The Head of the National Centre is the chairperson of the Forum.
and other disaster management role-players consult one another and co-ordinate their actions on matters relating to disaster management.
may advise any organ of state, statutory functionary, the private sector, non-governmental organisation or community on any matter relating to disaster management.
Before or the disaster prescribingamendingnational management framework, the Minister must publish particulars of the proposed framework or amendment in the Gazette for public comment.
Contents of national disaster management framework transparent and inclusive policy disaster management appropriate for the Republica on as whole.
Establishment the public service.
The National Centre forms part of, and functions within, a department of state for which the Minister is responsible.
The objective of the National Centre is to promote an integrated and co-ordinated system of disaster management, with 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.
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.
When the Headof the National Centreis absent or otherwise unable to perform the functions of off ice, or duringa vacancyin the off iceof Head of the National Centre, the Director-General of the Department may designate another person in the serviceof, or seconded to, the Department to act as Head of the National Centre.
of section 14.
The Head of the National Centre performs the functions of office subject to section 15 (3).
Staff persons in the service of the Department designated by the Director-Generalof the Department to performthe duties of the National Centre.
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.
Personsseconded to theNationalCentreperformtheirfunctions of office subject to the control and directionof the Head of the National Centre.
a provincial disaster management centre, by agreement with the MEC responsible for the department in which the centre is located; or concerned.
is subject to the limitations or conditions that the Head of the National Centre may impose; and does not divest the Head of the National Centre of the responsibility concerning the exercise ofthe delegated power or the performanceof the assigned duty.
(l),but no such variation or revocation of a decision may detract from any rights that may have accrued as a resultof the decision.
engage in any lawful activity, whether alone or together with any other organisation in the Republic or elsewhere, aimed at promoting the effective exercise of its powers or the performanceof its duties; exchange information relevant to disaster management with institutions performing functions similar to thoseof the National Centre in the Republic and elsewhere.
Department; and subject to the Public Finance Management Act,1999 (Act No. 1of 1999).
provincial and municipal disaster management centres.
their control; and establish effective communication links with contact persons identified by those role-players.
private sector organisations with specialised equipment, skills or knowledge relevant to disaster management; private sector voluntary agencies involved in disaster management; and foreign non-governmental organisations and international organisations involved in disaster management in southern Africa.
vulnerable to disasters.
each disaster classified by the National Centrein terms of section23, including the assessment of the National Centre of the disaster and the information recorded in the register referred to in subsection (l)(c) of that section; and research and training facilities for disaster management disciplines.
The National Centre must take reasonable steps to ensure that the database is electronically accessible by any person free of charge.
establishing security safeguards to protect the database from abuse; and classifying parts of thedatabaseasrestricted areas andlimitingaccesstothose parts to persons authorised by the Minister.
Gathering of information for the purpose of section 16 or 17, to provide such information to the National Centre within a reasonable period determined by the National Centre.
If an organ of state fails to comply with a request, the National 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.
the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and governmental organisations, communities and individuals.
from time to time, measure performance and evaluate such progress and initiatives.
acting in any other way approved by the Director-General of the Department.
classify the disaster as a local, provincial or national disaster in accordance with subsections (4), (5)and (6); and record the prescribed particulars concerning the disaster in the prescribed register.
may enlist the assistance of an independent assessor to evaluate the disaster on site.
TheNationalCentremayreclassify a disasterclassified in terms of subsection (l)(b) as a local, provincial or national disaster at any time after consultation with the relevant provincial or municipal disaster management centres, if the magnitude and severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment.
it affects a single metropolitan, district or local municipality only: and 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 areaOf the district municipality, is able to deal with it effectively.
a single province which is unable to deal with it effectively.
Until a disaster is classified intermsof this section, thedisastermust be regarded as a local disaster.
for the co-ordination and management of the disaster, but an organ of state in another sphere may assist the sphere having primary responsibility to deal with the disaster and its consequences.
The National Centre must, at the same time that its report issubmitted to the Minister in terms of subsection (l), submit a copy of the report to each provincial and municipal disaster management centre.
A national of must a of disaster organstate submit copy its management plan and of any amendment to the plan to the National Centre.
If a national organ of state fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to Parliament.
This section does not preclude a provincial or municipal organ of state from providing assistance to the national executive to deal 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.
or other special circumstances warrant the declaration of a national state of disaster.
dealing with the destructive and other effects of the disaster.
of the regulations.
Gazettebefore it lapses in terms of paragraph (a); and may be extended by the Minister by notice in the Gazette for one month at a time before it is to lapse in terms of paragraph (a), or the existing extension is due to expire.
A provincial disaster management centre forms part of, and functions within, a department designated by the Premier in the provincial administration.
A provincial disaster management centre may engage inany lawful activity in the province, whether alone or together with any other organisation, aimed at promoting the proper exerciseof its powers or performance of its duties.
The MEC responsibleforthedepartment in which a provincialdisaster management centre is located, must, subject to subsection(2) and legislation governing the public service, appoint a person as the head of the provincial disaster management centre.
A person appointed as the head of a provincial disaster management centre holds office on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards.
is responsible for the exercise by the centre of its powers and the performance of its duties; and takes all decisions of the centre in the exercise of of its powers and the performance its duties, except decisions taken by another person in consequence of a delegation by the head of the centre.
The head ofa provincial disaster management centre performs the functions of office subject to section30(3).
develop and maintain the.
or of information reasonably required by that centre forthe purpose of subsection (l)(a) or (b), to provide such information to the centre within a reasonable period determinedby the centre.
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.
WheninformingtheNationalCentreintermsofsubsection (l)(b), the provincial disaster management centremay make such recommendations regarding the classification of the disaster as may be appropriate.
The MEC must submit the report to the provincial legislature within30 days after receipt of the report from the provincial disaster management centre.
The provincial disaster management centre must, at the same time that its report is submitted to the relevant MEC in terms of subsection (I), submit a copy of the report to the National Centre and to each municipal disaster management centre in the province.
A forumenvisagedbysubsection (1) isabody in which aprovincial government and relevant disaster management role-players in the province consult one another and co-ordinate their actions on matters relating to disaster management in the province.
co-ordinate and align the implementation of.
The disaster management plan of a provincial organ of state referred to in subsection (1) must form an integral part of its planning.
A provincialorgan of state mustsubmitacopy of its disaster management plan and of any amendment to the plan,. to the National Centre and the relevant provincial disaster management centre.
A province must submit a copy of its disaster management plan, andof any amendment to the plan, to the National Centre and each municipal disaster management centre in the'province.
Theexecutive 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 41.
providing assistance to a provincial executive to deal with a provincial disaster and its consequences.
existing legislation and contingency arrangements do not adequately provide for the provincial executive to deal effectively with the disaster; or other special circumstances warrant the declaration of a provincial state of disaster.
other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effectsof the disaster.
property;protecting dealing with the destructive and other effects of the disaster.
may be terminated by the Premier by notice in the provincialgazette beforeit lapses in terms of paragraph (a); and may be extended by the Premier by notice in theprovincialgazettefor one month at a time before it of paragraph (a), or the existing extension is to lapse in terms isdue to expire.
A district municipality must establish its disaster management framework after consultation with the local municipalities in its area.
Amunicipalcouncilmust, subject to the applicableprovisionsoftheLocal Government: Municipal Systems Act,2000 (Act No. 32 of 2000),appoint a person as head of its municipal disaster management centre.
is responsible for the exercise by the centreof its powers and the performance of its duties; and in accordance with the directions of the council, takes all decisions of the centre in the exercise of its powers and the performance of its duties, except decisions taken by another person in consequence of a delegation by the head of the centre.
The head of a municipal disaster management centre performs the functions of office subject to section44(3).
develop and maintain the disaster management electronic database envisaged in section 17 in so far as the database applies to the municipality; and preparation and regular review of disaster management plans and strategies, including contingency plans and emergency procedures; and particularly prevention and mitigation strategies, with developmentandplans programmes.
of information reasonably required by that centre for the purpose of subsection (l)(a) or (b), to provide such information to the centre within a reasonable period determinedby the centre.
If amunicipalorgan of state failstocomplywitharequest, themunicipal disaster management centre must report the failure to the executive mayor or mayor, as.
. secure compliance with the request, including reporting the failure to the municipal council.
A municipal 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, households and individuals in the municipal area.
assistance in the circumstances; and initiate the implementation of any contingency plans and emergency procedures that may be applicable in the circumstances.
framework, the disaster management framework of the province concerned and the disaster management framework of its municipality; the way in which these problems were addressed and any recommendations the centre wishes to make in this regard; progress with the preparation and regular updating inof sectionsterms 52 and 53of disaster management plans and strategies by municipal organs of state involved in disaster management in the municipal area; and an evaluationof the implementation of such plans.
The disaster management centreof a district municipality that is operated in partnership with local municipalities within the area of the district municipality, must prepare its report in consultation with those local municipalities.
experts in disaster management designated by the executive mayor c.mayor, as the case may be; and discussion.
another and ordinate their actions on matters relating to disaster management in the municipality.
(a) A municipalentityreferred to in subsection (1) mustsubmitacopy 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.
If a municipal entity fails to submit a copy of any of itsdisaster management plan or amendment to the plan in terms of paragraph (a),the National Centre or relevant provincial or municipal disaster management centre must to the executive mayor report the failure or mayor, as the case may be, of the municipality concerned, who must take such steps as may be necessaryto secure compliance with that paragraph, including reporting the failure to the municipal council.
Eachmunicipality must-prepare a disaster management plan for its area according to the circumstances prevailing in the area; co-ordinate and align the implementationof its plan with those of other organsof state and institutional role-players; regularly review and update its plan; and through appropriate mechanisms, processes and procedures established interms of Chapter 4 of the Local Government: Municipal Systems Act,2000 (Act No.32 of 2000),consult the local community on the preparation or amendment of its plan.
ordination and management of local disasters that occur inits area; and the council of 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.
55(1);or in terms of existing legislation and contingency arrangementsas augmented by by-laws or directions made or issued in terms of section 55(2),if a local state of disaster has been declared.
existing legislation and contingency arrangements do not adequately provide for.that municipality to deal effectively with the disaster; or other special circumstances warrant the declaration of a local state of disaster.
of premises in the disaster-stricken the provision, control or use of temporary emergency accommodation; the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area; the maintenance or installation of temporary lines of communication to, from or within the disaster area; the disseminationof information required for dealing with the disaster; emergency procurement procedures; the facilitation of response and post-disaster recovery and rehabilitation; or other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.
penalties for any contravention of the by-laws.
may be terminated by the council by notice in the provincialgazette before it lapses in terms of paragraph (a): and may be extended by the council by notice in theprovincialgazette for one month at a time before in terms of paragraph (a), or the it is to lapse existing extensionisdue to expire.
Management Act, 1999, which provide for the useof funds in emergency situations.
disaster recovery and rehabilitation.
The cost of repairing or replacing public sector infrastructure should be bome by the organ of state responsiblefor the maintenanceof such infrastructure.
the magnitude and severity of the disaster, the financial capacityof the victims of the disaster and their accessibility to commercial insurance.
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 the magnitude and severity of the disaster and whether or not available financial resourcesatlocallevel, or if it isaprovincialdisaster, atprovinciallevel, are exhausted.
Any person that meets the pre.scribed minimum requirements may apply to enrol as a volunteer in the unit of volunteers of a relevant municipality.
A municipality that has established a unit of volunteers must submit the prescribed particulars of any person that has enrolled in terms of subsection (2) to the National Centre within 21 days of such a person's enrolment.
different positions of command within a unit of volunteers; and the transfer of a volunteer from one unitof volunteers to another unit of volunteers.
Act; and providingforthepayment, out ofmoneysappropriatedbyParliamentforthis purpose, of compensation to any person, or the dependants of any person, whose death, bodily injury or disablement results from any event occurring in theof course the performance of any function entrusted to such person in terms of this Act.
provide that if in the opinion of the authority referred to in paragraph (a)(ii),it is for any reason undesirable to pay the whole amount of any compensation payable in terms of such regulations directly to the person entitled thereto, the said authority may direct that such compensation, or any part thereof, be paid tosome other person, on such conditions as to its administration for the benefit of such first-mentioned person or his or her dependants as that authority may determine.
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.
A personisguilty of anoffence if that person fails to comply with a request made by the National Centre a or municipal disaster in terms of section18 (1) or provincial management centre in terms of section 32(2)(a) or 46(2)(a).
A personconvicted of an offence mentioned in subsection (1) is liable on or or to both convictionto a fine to imprisonment not exceeding six months a fine and such imprisonment.
Where an organ of state provides assistance to another organ of state for purposes of this Act, the officials and equipment of the organ of state so providing assistance, must, for purposes of conditions of employment; utilisation of equipment and insurance, be deemed to be deployed within the normal area of the organ of state providing of jurisdiction assistance.
security sufficient personnel to give effect to the execution of such a disaster management plan.
Phasing in ofcertain provisions ofthis Act 64-(11 (a)TheMinister, by notice in the Gazette, mayphaseintheapplicationof the provisions of this Act which placea financialor administrative burden on organs of state by determining the period within which, and the extent to which, an organof state must comply with a particular provision of this Act.
(c)apply to a specificmunicipalorganofstate, subject to the LocalGovernment: Municipal Systems Act,2000 (Act No.
determine different periods in respect of different organs of state identified in terms of paragraphs (a) to(c).
(1)(a)TheCivilProtectionAct,1977(ActNo.67of1977),totheextentthat provisions of that Act have not been assigned to a province, is repealed.
Provisions of thatActthatwereassignedtoaprovince, continue to apply in the province until repealed by the provincial legislature.
Despite the repealof provisionsof the Civil Protection Act,1977,section9of that Act continues to apply to any death, injury or disablement as described in that section, which occurred before the repealof that section.
2002, and comes into operation on a date determined by the Presidentby proclamation in the Gazette.