Question NW3841 to the Minister of Cooperative Governance and Traditional Affairs
27 November 2023 - NW3841
Smalle, Mr JF to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether, given that climate change now poses a significant existential threat to countries around the world, to the extent that disaster management efforts need to be coordinated across national borders to enhance their effectiveness (details furnished), the Southern African Development Community Disaster Management (SADC) Protocol has been signed; if not, why not; if so, what are the relevant details; (2) whether she has found that the Republic meets the protocol standards in all aspects of disaster; if not, why not; if so, what are the relevant details? NO5063E
Reply:
1. No, the the Southern African Development Community (SADC) Disaster Management Protocol has not been signed. It is necessary that the the Minister of Cooperative Governance and Traditional Affairs first need to confirms that the Southern African Development Community (SADC) Disaster Management Protocol does adhere to legal requirements and aligns with the principles of the Constitution of the Republic of South Africa before she can sign the Protocol.
2. The Minister of Cooperative Governance and Traditional Affairs engaged the office of the State Law Advisor within the Department of Justice and Constitutional Development (DoJCD) for the Legal Opinion on whether the Republic meets the protocol standards in all aspects of disaster and to further determine whether the Convention complies with the domestic laws of the Republic of South Africa. This office thoroughly examined the Disaster Management Protocol in accordance with paragraph 5.20 (a) of the Manual on the Executive Acts of the President of the Republic of South Africa, in conjunction with Chapter 5 of the Constitutional Handbook for Members of the Executive (the "Constitutional Handbook".
The relevant details are that as it stands, the Republic of South Africa, represented by either the Minister of Cooperative Governance and Traditional Affairs or the President, cannot sign the SADC Disaster Management Protocol in its current form. Consequently, the SADC Disaster Management Protocol must be presented to Parliament, accompanied by comments from the DoJCD, to inform them of issues that prevent the Republic from proceeding with the signing process. In this context, the Minister of Cooperative Governance and Traditional Affairs will seek to inform Parliament, gather input, and obtain Parliamentary approval before proceeding with the signing the Protocol. Signing the Protocol without first securing Parliamentary approval would constitute a violation of section 231(2) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). This is because, in its current form, the agreement becomes binding upon signature.
End.