Department of Cooperative Governance Disaster Management Amendment Bill, 2002 (Act No. 57 of 2002) Briefing to the Select Committee 28 July 2015

To brief the Select Committee on the Disaster Management Amendment Bill introduced into Parliament by the Minister. Purpose 2

 Disaster management is a functional area listed in Schedule 4A of the Constitution. This implies that the national legislative authority has concurrent competence with the provincial legislative authority  The Disaster Management Act, 2002 (the principal Act) is internationally reputed for its emphasis on prevention and its relative comprehensive approach to Disaster Risk Reduction (DRR).  The main thrust of the principle Act & the National Disaster Management Framework, 2005 (NDMF) centres around the creation of appropriate institutional arrangements for disaster management. It is argued that the ideals of disaster management cannot be achieved without structures to support its myriad of actions.  However, the implementation has posed significant challenges, particularly at the level of local municipalities. The purpose of the review was to tackle these challenges by maximising the effect of disaster management legislation to communities, especially those most at risk. Background 3

The aim of the principal Act is to ensure implementation of an integrated and coordinated approach to disaster management across all spheres of government involving all relevant stakeholders. Some challenges were experienced in implementing the principal Act which necessitated that the Act be amended making it simpler to implement, to strengthen certain regulatory provisions, avoid ambiguity and provide greater legal certainty. Executive Summary 4

 Cabinet approved the publication of the draft Disaster Management Amendment Bill (the Bill) for public comment in June subsequently published in Government Gazette number (Notice No. 637 of 2013) on 19 June  The key issues that were raised during the consultation process and in the comments subsequent to the publication of the Disaster Management Amendment Bill for public comments, were incorporated in the current Bill.  Cabinet approved the submission of the final Bill to Parliament on 17 September  Complied with the rules of the National Assembly and the Joint Rules of Parliament to introduce the Bill to Parliament. The explanatory summary of the Bill, as required by Rule 241, was published in the Government Gazette on 30 January  The National Assembly has completed and passed the processing of the Disaster Management Amendment Bill to the NCOP. Executive Summary 5

 The Review of Disaster Management Legislation formed part of the strategic plan of the Department of Cooperative Governance  Due consideration in the amendment process was given to, among other things, the Government's Programme of Action and the 18 key targets of the National Development Plan.  The disaster management approach of the Department of Cooperative Governance pays specific attention to the pressing needs of poor communities in relation to both natural and human induced disasters in the context of a developmental and capable state.  The proposed amendments to the principal Act, provide more impetus on aspects of disaster management planning that support these priorities. Strategic focus 6

Calls to amend the Disaster Management Act, 2002 came from,  the political leadership  South African Local Government Association (SALGA)  Disaster Management Institute of Southern Africa (DMISA)  National Disaster Management Advisory Forum (NDMAF)  Academics  Practitioners, and  Research reports by SALGA, the IFRCC and the FFC A process commenced to define the scope of the amendments required. This culminated in the Disaster Management Amendment Bill which was approved by Cabinet for public comment and published in Government Gazette number (Notice No. 637 of 2013) on 19 June Main discussion 7

Consultation resulted in the drafting of the Disaster Management Amendment Bill which is aimed at-  clarifying terminology.  the representation of traditional leaders in the disaster management advisory forums.  providing for the NDMAF to serve as the SA National Platform for DRR thereby incorporating the obligations set out in global commitments (Hyogo Framework of Action, followed by Sendai Framework for DRR).  clarifying the roles and responsibilities of organs of state to assist the disaster management structures.  Strengthening reporting on policy implementation, DRR, relief, recovery and rehabilitation efforts using IGR structures.  Expanding the contents of disaster management plans of organs of state to include expected climate change impacts and risks.  Re-affirming the role of municipalities (both at district and local level) to establish disaster management centres and improve capacity for the development and coordination of disaster management plans.  Granting the Minister authority to make regulations on education, training, research and the classification and declaration of disasters. Main discussion (cont) 8

The National Assembly Portfolio Committee (NA PC) on Cooperative Governance and Traditional Affairs, considered and supported the Disaster Management Amendment Bill after agreeing to some minor amendments to the Disaster Management Amendment Bill set out below: The NA PC agreed that,  the Head: NDMC must report to the Minister; (clause 4)  an organ of state must (i) report to the NDMC on the analysis of the impact of the disaster in accordance with gender, age, disability and cultural perspectives (articulated in the recently adopted Sendai Framework for Disaster Risk Reduction ) and, (ii) provide the NDMC with a list of the measures implemented in order to restore communities and the reconstruction and rehabilitation of infrastructure in a manner that makes those communities less vulnerable to disasters and strengthens their resilience;  9 NA PC AMENDMENTS TO THE BILL

 The NA PC agreed, in clause 11, that (i) specific measures are taken to address the needs of women, children, the elderly and persons with disabilities during the disaster management process; and (ii) that a major public entity, listed in Schedule 2 to the Public Finance Management Act, 1999 (Act No.1 of 1999), must submit its disaster management plan prepared in terms of subsection (1) to the National Centre at the same time the major public entity submits its disaster management plan to the relevant national organ of state.  The NA PC agreed in clause 13, 17 and 18, that specific measures are taken by (provincial, and municipal) organs of state to address the needs of women, children, the elderly and persons with disabilities during the disaster management process; 10 NA PC AMENDMENTS TO THE BILL

Two key issues that were highlighted by stakeholders throughout the review process entails the notion that,  implementation challenges are experienced due to the inappropriate location of disaster management centres within the organisational structures of provinces and municipalities, (Seniority of the Head of the Disaster Management Centre) and  specific funding is not allocated for disaster risk reduction efforts across the spheres of government. 11 ISSUES RAISED DURING THE PROCESS

1. Placement of Disaster Management in the organisational structure Careful consideration should be given to the placement of Disaster Management Centres in the organisational structure to fulfil its strategic role to effectively reduce the risk of disaster and be responsive to the needs of communities in the municipality. The Head of the Disaster Management Centre should thus form part of the decision-making structure of the organisation and should ideally report to the highest office within a municipality and province, respectively. Such an approach, empowers the executive leadership to ensure that the disaster management centre is fulfilling its coordination and strategic role to effectively reduce the risk of disaster within that particular sphere of government. 12 OPTIONS TO ADDRESS THESE ISSUES

2. Funding arrangements for disaster management The funding approach put forward by National Treasury is in line with the fiscal framework set out in the Constitution of South Africa, the PFMA, the MFMA, the annual DORA, the Disaster Management Act, 2002, the Municipal Systems Act, 2000 and the National Disaster Management Framework, Enabler 3 of the National Disaster Management Framework, flows from section 7(2)(k) of the Disaster Management Act, 2002 and provides the framework within which organs of state may fund disaster management. It was agreed with National Treasury that there is a need to review Enabler 3 of the National Disaster Management Framework, 2005 to bring it in line with the contemporary fiscal arrangements within government. This process has already commenced with the identification of the stakeholder members to represent their organs of state in the task team. The first meeting is scheduled for 31 July OPTIONS TO ADDRESS THESE ISSUES

Disaster management is not funded from a single funding source. This concept was explained by National Treasury in its presentation to the NA PC which indicated that three main sources of funding for disaster management exist, (1)Own Revenue, (2)LG Equitable Share, and (3)Conditional Grants for Response and Rehabilitation. ( the following two slides have been provided by National Treasury) 14 FUNDING ARRANGEMENTS

At the heart of local government is managing finances to deliver services 15

Funding arrangements for different phases of disaster management Disaster Management Planning involves the following phases: Risk Assessment, Prevention and Mitigation, Emergency Preparedness, Response and Recovery. Various funding sources are illustrated as follows: 16 National Transfers 25% Local Government Own Revenue 75% Risk Assessment Prevention and mitigation Emergency Preparedness Response and rehabilitation

 The Chief State Law Adviser suggested the Bill to be tagged as a Section 76 Bill since it contains provisions affecting the interests of the provinces.  The NDMC will continue to support the parliamentary process.  Once the Bill is passed into law, the Department of Cooperative Governance will have sessions to engage with provinces and municipalities (including SALGA) on the substance of the Amendment Act. Circulars will also be distributed to provinces, municipalities and stakeholders.  Regulations concerning the declaration and classification of disasters will be published before the end of the 2016/17 financial year. 17 Implementation

ORGANISATIONAL AND PERSONNEL IMPLICATIONS No new implications. However, the principal Act already requires all organs of state to have capacity to develop and implement disaster management plans and perform the disaster management function. In many instances, especially in sector departments and local municipalities, little or no organisational capacity for disaster management currently exists. A few Local Municipalities have recognised the need for dedicated disaster management capacity and have appointed officials to coordinate and implement the disaster management function in the municipality with positive results (eg Tlokwe LM in NW; Polokwane LM in Limpopo; Kwadukuza LM in KZN; Greater Giyani LM in Limpopo; Rustenburg LM in NW; Mafikeng LM in NW). The Amendment Bill re-emphasizes the requirement to establish capacity to implement disaster management effectively. Governance implications 18

FINANCIAL IMPLICATIONS In terms of current legislative provisions, organs of state across the spheres and sectors of government already have a responsibility to provide for developing disaster management plans and the implementation thereof. The Amendment Bill seeks to affirm these responsibilities by having organs of state assign the required resources to perform its mandated functions. Governance implications (Cont.) 19

 COMMUNICATION IMPLICATIONS Once the Disaster Management Amendment Bill has been published, appropriate communication mechanisms will be activated through the Department of Cooperative Governance and Traditional Affairs (COGTA) and the Government Communication and Information System (GCIS).  CONSTITUTIONAL IMPLICATIONS The Bill seeks to give effect to the principles of co-operative government set out in chapter 3 of the Constitution through clear guidance on issues of disaster management across the spheres of government. Furthermore, by placing emphasis on reducing the risk of disasters, it also affirms the collective duty on the part of each sphere of government and all organs of state within each sphere to ‘secure the well-being of the people of the Republic’.  IMPLICATIONS FOR VULNERABLE GROUPS The interest of vulnerable communities and groups are protected through a focus on disaster risk reduction across the spheres and sectors of government. 20 Governance implications (Cont)

21 Thank you