LETTER: Legislation governing disaster management is as clear as mud

Over the past couple of weeks KwaZulu-Natal has received a considerable amount of rain, which meant many areas were flooded. Heavy rains and peculiar weather patterns are something we will have to learn to live with. Climatologists who concern themselves with analysing the causes of climatic differences have long warned of the devastating effects of climate change and global warming.

Unfortunately, peculiar weather patterns often lead to natural disasters such as the recent floods we have experienced, which have caused havoc with infrastructure and agriculture and have displaced many people. In terms of the SA constitution, Disaster Management Act and National Disaster Management Framework, Government is required to address the immediate needs of citizens.

The challenge local government is currently facing is that the legislation governing disaster management is about as clear as muddy water. Ill-defined powers and responsibilities have led to duplication and inefficiencies in ensuring effective disaster management. Schedule 4a of the constitution assigns the function of disaster management to the provincial and national sphere of government as a concurrent functional area. Yet the Disaster Management Act and National Disaster Management Framework assign this responsibility to local government.

Section 54 of the Disaster Management Act, titled “Responsibilities in event of local disaster,” fails to adequately outline the roles and responsibilities between the district municipality and the local municipality. Naturally, local municipalities take the lead in the event of a disaster because they tend to be closest to the disaster. However, it is concerning that such an important function is fraught with confusion.

One needs the necessary financial muscle to address disasters. National government has been found to be wanting in this regard in terms of section 10 of the Municipal Systems Act, which states that if a function is assigned to a municipality the organ of state assigning that power must indicate how additional expenditure incurred by the municipality will be funded. In other words, national government must provide adequate funding for municipalities discharging disaster management responsibilities.

The above is often not the case, and cash-strapped municipalities are then expected to solely fund this function. Several municipalities throughout KwaZulu-Natal have submitted business plans to the provincial government for assistance during the December 2021 floods, and then again for the December 2022 floods, yet very little assistance was received.

The criteria municipalities need to meet to receive disaster relief from provincial government are unclear.

Sandile Mnikathi
Deputy mayor, uMngeni Municipality

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