Disaster Management Bill: finalisation

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Cooperative Governance and Traditional Affairs

02 September 2002
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Meeting report

PROVINCIAL AND LOCAL GOVERNMENT PORTFOLIO COMMITTEE

PROVINCIAL AND LOCAL GOVERNMENT PORTFOLIO COMMITTEE
3 September 2002
DISASTER MANAGEMENT BILL: FINALISATION

Chairperson: Mr Y Carrim

Documents handed out:
Disaster Management Bill [B21-2002]
Proposed Amendments: Disaster Management Bill (Appendix 1)
Committee Report on the Disaster Management Bill (Appendix 2)

SUMMARY
After going through the proposed amendments and finalising its report on the Bill, the Committee approved the Bill unanimously. However the DP opposed Clause 44(1)(a) and (b).
This Bill would be up for debate in the House on 18 September 2002.

MINUTES
The Chairperson requested that the meeting be adjourned until 14H00 to allow the sub-committee on this Bill to go over and finalise the proposed amendments to the Bill.

The meeting resumed at 14H00 and the Committee went through the proposed amendments which they then accepted. Thereafter the Chairperson then went through the Bill, provision by provision, for voting purposes.

Ms G Borman (DP) requested that it be noted that the DP is strongly opposed to the inclusion of the provisions of Clause 44(1)(a) and (b).

The Chairperson noted this and thereafter the Committee adopted the Bill as a whole.

The draft Committee Report, prepared by the sub committee, was then discussed and unanimously adopted.

The Chairperson thanked all those who had participated in the deliberations and ensured that the Bill be a success.

The meeting was adjourned.

Appendix 1:
DISASTER MANAGEMENT BILL [B21-2002]

PROPOSED AMENDMENTS

TABLE OF CONTENTS
1 On page 6, in line 24, to omit "63. Special events".

CLAUSE 1
1. On page 10, from line 4, to omit the definition of "special events"

CLAUSE 4
1. On page 12, from line 1, to omit paragraph (C) and to substitute:
(C) members of municipal councils selected by the South African Local Government Association.
2. On page 12, in line 7, to omit "co-ordination" and to substitute "co-ordination".

CLAUSE 5
1. On page 12, in line 26, to omit paragraph (d) and to substitute:
(d) municipal officials selected by the South African Local Government Association

CLAUSE 17
1. On page 22, from line 34, to omit paragraph (b) and to substitute:
(b) classifying parts of the database as restricted areas in consultation with the Minister, and limiting access to those parts to persons authorised by the Minister.

CLAUSE 28
1. On page 30, after line 57, to add the following subsection:
(3)(a) A provincial disaster management framework, or any amendment thereto, must be published in the relevant provincial gazette.
(b) Before establishing or amending a provincial disaster management framework, particulars of the proposed framework or amendment must be published in the relevant provincial gazette for public comment.

CLAUSE 37
1. On page 38, after line 27, to add the following subparagraph:
(xi) institutions that can provide scientific and technological advice or support to disaster management;

CLAUSE 38
1. On page 38, in line 36, to insert the following after "framework must":
,within the applicable provincial disaster management framework -

CLAUSE 51
1. On page 50, after line 45, to insert the following subparagraph:
(ii) organised labour in the municipality;
2. On page 50, after line 51, to insert the following subparagraphs:
(ix) institutions of higher education
(x) institutions that can provide scientific and technological advice or support to disaster management;

CLAUSE 53
1. On page 52, in line 33, to insert the following after "municipality must":
within the applicable municipal disaster management framework -

CLAUSE 56
1. On page 56, in line 39, to insert the following words after the words "contribute to":
response efforts and
2. On page 56, after line 42, to insert the following subsection, to follow subsection (2):
(3) The Minister may, in the national disaster management framework, prescribe a percentage of the budget, or any aspect of a budget, of a provincial organ of state or a municipal organ of state, as the case may be, as a threshold for accessing additional funding from the national government for response efforts.

CLAUSE 63
1. That the Clause be rejected.

Appendix 2:
PORTFOLIO COMMITTEE ON PROVINCIAL AND LOCAL GOVERNMENT

REPORT ON THE DISASTER MANAGEMENT BILL (B21-2002)

1. Having considered the Disaster Management Bill [B21-2OO2], the Portfolio Committee on Provincial and Local Government reports as follows:
1. 1 The original Disaster Management Bill was introduced into Parliament during 200 The Committee conducted comprehensive public hearings on that Bill and deliberate extensively on its provisions However the Bill was withdrawn in order for the Department of Provincial and Local Government to comply with section 9 of the Municipal Systems Ac in particular to allow the Financial and Fiscal Commission to make an assessment of the financial implications of the Disaster Management Bill and for the Ministry and Department to consider that assessment.
1. 2 The present Bill was introduced into Parliament during the first half of 2002 and reflected all the amendments proposed by the Committee in respect of the Bill that was
withdrawn during 2001.

2.1The Committee notes that the Financial and Fiscal Commission has offered the following proposals regarding the funding of disaster management

Emergency preparedness for local government should be funded as follows:
- Start-up costs: conditional grants from national government targeted primarily at municipalities with little capacity
- Ongoing institutional costs: incorporated into the equitable share such an increment must be informed by a study of specific finance implications
Prevention/mitigation should be funded as follows:
- Municipalities and provinces should apply for funding for specific projects which should be assessed against the national priority list of disaster risks. This funding should be on the budget of a national department

Emergency response should be funded as follows:
- A portion of the Contingency Reserve should be set aside for immediate response for emergencies:
Funding to national departments should be based upon expenditures incurred National departments that are frequently involved in emergency response activities should estimate the required amount based upon past expenditure and should budget for these amounts. Once this amount exceeded, an emergency appropriation could be requested.
Provinces and municipalities should fund emergence response activities up to a financial threshold", after which central funding would be obtained.

Infrastructure rehabilitation should be funded as follows:
National departments, provinces, and municipalities should submit requests for reconstruction funding to national government. A budget appropriation should be requested based upon the sum of the approved claims.

Relief to individuals should be funded as follows:
-The three existing relief funds (i.e. the Disaster Relief Fund, Social Relief Fund and State President's Fund) should be combined and administered centrally. The funds should be budgeted for, and where funds are exceeded. The Contingency Reserve should be drawn upon. The fund should be made available to provinces, municipalities and non-governmental agencies for payment to individuals.

The national contingency reserve should ideally be referred to as central contingency reserve" to reflect its accessibility by all spheres of government.

2.2 The Committee acknowledges that the report of the Financial and Fiscal Commission is very comprehensive and expresses its appreciation.
2.3 The Committee lacks the technical expertise to evaluate the viability of the funding proposals made by the Financial and Fiscal Commission. However, it urges the Minis for Provincial and Local Government to give serious consideration to these proposals and, at an appropriate time, to report back to Parliament on its position regarding the respective proposals.

3. Notwithstanding 2.2 above the Committee feels serious consideration should be given to the following:
3.1 Clear principles should be determined for provincial governments and municipalities to access funding from the central contingency reserve
3.2 The possibility of providing funding to facilitate the establishment of municipal disaster management centres, and to provide an incentive for municipalities to get involved in disaster management.
3.3 The possibility of providing funding to provinces and municipalities f prevention and mitigation.
3.4 The three existing relief funds referred to in 2.1 be combined and administered centrally.

4.1 The Committee notes that with the passing of the Disaster Management B
Disasters would be declared twice - in terms of the Disaster Management Bill and the
Fund Raising Act, 1978. The Committee urges the executive to consider resolving the
anomaly.
4.2 Whilst the Committee recognises the need to have appropriate command structure for units of volunteers, which includes matters such as insignia and uniforms, the Committee would like to caution against an overly militaristic approach to disaster management volunteers.
4.3 The Committee urges the executive to expedite the setting up of the Nation Disaster Management Centre with the requisite start-up funding and funding 1 responding to disasters and the appointment of its Head so that the national disaster management framework is in place as soon as possible. It is also important t~ regulations that are necessary to support the successful implementation of the Disaster Management Act should be in place before the Act is put into operation.



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