4. CURRENT SITUATION IN MANAGING DISASTERS (4.2 to 4.4)

4.2. Other national departments and agencies involved in disaster management The following section gives a brief outline of the roles of national departments that do not deal with a specific incident, but provide support in a range of areas across the whole disaster management continuum. The role of the departments of Finance and State Expenditure is referred to later in the section dealing with budgeting for disaster management and financial incentives (see pages 65 - 68). 4.2.1. Department of Constitutional Development The Department of Constitutional Development has overall responsibility for the coordination of disaster management issues at the national level. It has no line function role with regards to disaster management in terms of the Constitution, but is responsible for the Civil Protection Act. The Department of Constitutional Development is currently responsible for the interim disaster management centre and is working with other line departments in formulating a strategy to deal with the possible effects of El Nino. The Department of Constitutional Development also serves as the secretariat for the Inter-Ministerial Committee for Disaster Management and the Green Paper process. The Department of Constitutional Development also has responsibility for assisting local government to develop suitable training, including disaster management training. 4.2.2. The South African Weather Bureau The South African Weather Bureau - housed within the Department for Environmental Affairs and Tourism - maintains a 24-hour service delivery and a watch of weather developments, with special emphasis on severe weather systems that may lead to loss of life and damage to property. Advice services include: Warnings of weather systems which may result in severe storms at sea and extreme flooding on land. Meteorological information to aviation for flight planning and safety. Advice to forest fire associations for determining favourable environmental and atmospheric conditions which may lead to runaway forest and veld fires. The Weather Watch service of the Bureau also provides severe weather warnings of dangerous thunderstorms with large hail, extreme heat and cold, gale force winds, etc. A reasonably close working relationship with local civil protection agencies has been established in the metropolitan areas so that reaction times to emergencies by these agencies are minimised. In other areas, networking is less well developed. Since 1994, the Weather Bureau has become actively involved in research and the development of monthly and seasonal climate predictions. A small group of researchers known as the Research Group for Seasonal Climate Studies was formed. The techniques used are various statistical models based on climate training periods of up to 40 years of data, and dynamic numerical weather prediction models. The Weather Bureau issues climate predictions (monthly and seasonal outlooks) to a large number of established clients. In order to cater for the growing demand for information from the Bureau, the Bureau established the long-term group operational information centre in October 1996. This centre provides real-time (up-to-the-minute) information to the public and sophisticated end-users of monthly and seasonal climate predictions. 4.2.3. The South African National Defence Force (SANDF) and the South African Police Services (SAPS) The primary role of the SANDF is defence. The primary role of the SAPS is crime prevention, crime investigation, and the security of citizens. However, the SANDF and SAPS may be employed for service in the preservation of life, health, or property and for service in the provision or maintenance of essential services and can be requested to provide support by other government departments. In the past, both have provided valuable support and services to national departments and local government where capacity has been lacking. Their roles therefore are cross-cutting and can be used to enhance existing attempts by other government departments to deal with disaster situations more effectively. The role of the SAPS The SAPS has been involved in cases of disaster in crime prevention, control of traffic, maintaining public order and cordoning off and patrolling disaster areas. SAPS also has a more specialised role in security-related disasters such as civil unrest, bomb explosions and acts of terror. In general, the SAPS is involved in most disasters where negligence is suspected and where people are killed. The SAPS already has well-established nodal points (vital information-gathering centres) which can serve as an early warning system and can be used to enhance preparedness in cases of crisis. These points are linked to a national operating room which is overseen by the National Operational Coordinating Committee. Information about disasters or unrest situations can be passed by computer, fax or telephone to a national operating room which serves as a nodal point for further action. The SAPS also has units at the provincial and local levels. It is strengthening its networks and can reach all sectors of our society through the existing Community Policing Forums. These networks are important in mobilising voluntary support and disseminating information about disasters to communities. In this way, community preparedness can be rapidly activated. The role of the SANDF The SANDF has resources, though limited, to carry out search and rescue operations at land, sea and air, to provide medical support, to transport relief provisions such as food and water, and to undertake the building of bridges, earth removal and road-building. The SANDF can also have access to military assistance in disaster relief operations from the other members of the Southern African Development Community. The SA Air Force also forms part of the SA Search and Rescue Organisation, a directorate of the Department of Transport. The SANDF has the capability of communicating with the whole defence force and can rapidly distribute information. The SANDF has been responsible for the functioning of the country's only emergency alarm radio system, now known as the national emergency alarm radio system. Its main use in the past was for military purposes. However, this has now been broadened to include the coverage of civil emergencies and disasters. The SANDF works closely with provinces and at the local level, and cooperates with the SAPS through a system of security committees at all levels. The SANDF also chairs the South African Telecommunications and Electrical Power Supply Authority which currently supports the National Disaster Management Centre. The existing infrastructure available to the SANDF and SAPS can be easily extended and applied to disaster management when the need arises. 4.2.4. Department of Welfare and Population Development The Department of Welfare and Population Development has a major role to play in the reduction of gross poverty, and therefore in reducing vulnerability to disasters. Currently, the Department of Welfare and Population Development is examining methods to monitor poverty, and this will become critical to the early-warning systems. The Department of Welfare and Population Development currently administers the disaster relief fund in terms of the Fund-Raising Act of 1978. The objective of the fund is to give financial assistance to persons, organisations and bodies which suffer damage caused by a disaster. The main target group is poor people who live in rural areas and informal settlements. In terms of the Act, the Department of Welfare and Population Development is limited to assisting victims of the following disasters: Natural disasters, including floods, windstorms, veld fires and snow. Human-made disasters, for example the Merriespruit slimes dam disaster. However, the information that the Department of Welfare and Population Development can potentially provide to the early warning systems will assist other departments to target relief, such as public works run by the Department of Public Works (and possibly by the Departments of Agriculture during droughts). Presently, the main sources of information for the Department of Welfare and Population Development are the media and the relevant Province or local authority. Once information is received, the Department of Welfare and Population Development carries out field assessments to ascertain the magnitude of the disaster and the extent of damages. It is then able to advise the Minister of Welfare and then the President whether an event should be declared a disaster or not. In future, such decisions could be made with coordination involving the most local roleplayers, in which the Department of Welfare and Population Development will also be a player. The release of funds involves the participation of local authorities or committees, and the Secretariat and the Board for the Disaster Relief Fund determine final amounts. The Department of Welfare and Population Development can also issue the local authority with a temporary fund-raising number to collect contributions from the public. The amounts of money released from the fund vary. On average R10 million is spent per annum. Where more funds are required, the Treasury Committee can be approached. In addition to the disaster relief fund, the Department of Welfare and Population Development also administers the following funds in terms of the Fund-Raising Act of 1978 (Act No. 107 of 1978): The State President's Fund: The objective of the fund is to give financial assistance to victims of an act of terrorism. The Social Relief Fund: The objective of the fund is to give financial assistance to organisations that provide social relief to communities that are victims of political violence. Financial assistance is provided in terms of clothing, food, blankets, temporary shelter and trauma counselling. The Refugees Relief Fund: The aim of this fund is to provide financial assistance to refugees. The fund is presently not in operation. 4.2.5. Department of Housing The Department of Housing is not directly involved in disaster management. Its main role is to assist with the establishment of appropriate housing structures, and programmes in the formal housing sector. To this end it develops and administers national housing policy and legislation. The Department also administers the National Housing Fund Subsidies, which are provided to household earning R3 500 or less per month by provincial housing boards. The private sector is responsible for the actual building of houses. Disasters are most evident in areas where there is rapid urbanisation, and where informal settlements occur. Disasters in the housing sector can occur because of improper location of housing due to non-adherence to standards, and inadequate infrastructure such as electricity, water and sanitation which can cause health and other risks. A prerequisite for the allocation of housing subsidies is that housing must be in accordance with building and planning legislation. In this legislation factors relating to disasters, such as 50-year flood lines, permissible angle slopes, soil stability and housing densities are dealt with. In cases of emergency, the local authority, or the SANDF deals with temporary housing needs. Other institutions, such as the Salvation Army and religious welfare organisations, provide forms of temporary accommodation or shelter. The involvement of the People's Housing Partnership - a non-governmental organisation programme aimed at supporting community efforts - could also be asked to support with emergency housing needs in times of disasters. 4.2.6. Department of Education In terms of the National Education Policy Act, the main objectives of the national education system are to promote lifelong learning, redress past imbalances and provide access to education and training. The department of education, in collaboration with all role-players and stakeholders, has developed a national multiyear plan for adult basic education and training. The aim is to create an enabling environment to improve education and training and to incorporate a greater number of learners by opening up the pathways to learning. Although the Department of Education has no specific programme for education and training in disaster management, it can - in terms of the National Qualification Framework - assist in appropriate curricula development and recognition of qualifications in the disaster management field. 4.2.7. The Department of Public Works The Department of Public works has an important role to play in times of disaster through its community-based public works programme. This programme was set up in 1994 as one of the Presidential Lead Projects. The community-based public works programme is targeted mainly at rural areas, poor people, women, youth and people with disabilities. The programmes mainly work through non-governmental organisations and private sector partnerships. Public works programmes have the advantage of being able to offer temporary relief in areas of greatest hardship by creating employment and hence stabilising and improving community livelihoods threatened by drought and other disasters. Public works programmes cannot, however, work in isolation. They must be supplemented by targeted welfare and health programmes as part of an integrated approach to relief. Targeted public works programmes can also assist with mitigation. For example, CBPWP projects can be designed to improve water harvesting, reduce deforestation and conserve water and soils - all critical in helping to reduce the impacts of drought. Programmes can also be used in rehabilitation after a disaster has taken place. This can be achieved by expanding existing programmes rather than by creating new or special structures to deal with disaster situations. Points of debate and key questions How soon, and with what indicators, can the departments contribute to the early warning systems at all levels of government? What is being done to provide coordinated relief preparation with departments such as Welfare, Health and Agriculture and non-governmental organisations? At which levels of government should such preparations be taking place? What other roles can these departments play in risk and disaster management, particularly in the areas of prevention and mitigation? Does the current legislative framework create a sufficient enabling environment for them to get involved effectively? Do these departments have sufficient resources to deal with the various demands that may arise? To what extent do existing policies deal with issues in a way that takes the possibilities of disasters into account - for example, with regard to housing, is there policy that addresses the question of how wait-listing is affected by the sudden reality of hundreds of people without shelter? Green Paper on Disater Management Index | Section-4 Index | Top of page 4.3. Summary of general weaknesses and constraints in current disaster management At the policy, planning and legislative level... In the absence of a clear policy framework, disaster management has no definite planning structure or approach. This is reflected both in the lack of legislation and in the setting of priorities in State Expenditure allocations. Previous policies and strategies did not also take into account the need for adequate personnel at the national, provincial and local levels. The past misconception of disasters as events over which people have no control led to a low priority being given to the civil protection function until such an event occurred. Although it is now understood that people can do much to prevent or mitigate against disasters, the low prioritisation still remains. Many authorities are reluctant to move away from the Civil Protection-mode, until new directives and legislation materialise. The existing legislation is inadequate and sometimes confusing and does not meet both the political, institutional and socio-economic concerns that disaster management strategies have to deal with in South Africa. The absence of or limited available guidelines to public and private sectors at national and provincial levels, on what their roles are in disaster management needs to be addressed. Contingency plans are an important element involving both public and private sectors. In some cases there is an absence of such planning and in other cases the plans are designed without reference to preventative and mitigation measures that are already underway. Previous criteria for state intervention were based on the magnitude of the event instead of the needs of the communities affected by the events. As part of the broader development strategy of the country... Disasters in the past were seen in the context of emergency responses and not part of the long-term planning and development programmes of government. Therefore in times of disaster the response was one directed at the provision of emergency needs; rescue and evacuation and also attending to the recovery phase. The concept of disaster management needs to be integrated into the country's development strategies, as vulnerability to disasters can create development set-backs and hence continue to allow poverty and other causal factors to persist. Disasters usually make underdevelopment and poverty more apparent, by drawing attention to the lack of maintenance of basic infrastructure, such as water supply systems - particularly in poor rural areas. Although the whole population is susceptible to risk in a disaster situation, special consideration must be given to those people in rural and deep rural areas. At the level of preparedness and response... The criteria for declaring a disaster or a disaster area are not clearly defined. In the past, each case has been judged on its own merits rather than according to a clearly defined set of criteria. It is also clear from recent and past experiences that the population at large is ill-prepared to cope with disaster situations. For instance, public awareness campaigns have tended to be launched only after commencement of disaster measures. The most vulnerable sectors of our community like farm workers and small-scale farmers were ill informed or did not have easy access to information, due to language and other barriers. There is therefore a need for greater public education, preparedness, awareness and participation. In many cases, disasters have also highlighted a lack of data and knowledge related to disaster management and impacts. Information on vulnerability - for example, in terms of nutrition - and poverty during drought periods is lacking. This creates difficulties when trying to identify and target those who need relief, especially amongst the rural poor. The lack of coordinated early-warning systems for several potential disasters in South Africa is surprising, considering how frequently some of these disasters occur. Data on known hazards and risks is not readily available at the various levels of government. Effective implementation of disaster management policy requires central reporting points where disaster management functionaries can receive and process data relating to known hazards and risks. Existing civil protection organisations have an important role to play in the dissemination of warnings. However, their ability to do this is severely limited by the lack of reliable and clearly defined channels of communication. The provision of weather forecasts and warnings in South Africa by the Weather Bureau is well-structured. However, in the absence of accepted national or regional policies, existing warning arrangements for disseminating information to the public are poorly structured and mostly informal. Consequently, these arrangements cannot be relied upon in an emergency. On a local level, some civil protection agencies have a limited capability to reach the local population. At the institutional level... The lack of clear coordination at the political and departmental level has led to ineffective systems of management. This is often reflected in the poor responsiveness to dealing with disasters, and mixed signals from sources of expert information. Past experience has shown that there is a need for some kind of permanent risk reduction focus and disaster (emergency) management or coordination capability at national, provincial and local levels. This is necessary to ensure that planning, data collection, mobilisation of expertise and setting up of disaster management structures can be done rapidly rather than in a reactive manner. In particular, there is a need for national and provincial departments of Public Works, Welfare, Health and Agriculture to develop integrated proposals for relief at a local level throughout the country whenever there is a major loss of livelihoods (e.g., through drought, floods). Many functionaries do not understand what the holistic meaning of disaster management and risk reduction entails. The new Constitution has led to some line functions being centralised (at national level) and others holding concurrent powers within the provinces. The formation of nine provincial governments, and some 840 or so local government bodies has posed a number of challenges in terms of creating a coherent mechanism for disaster management and ensuring that roles and functions are clearly defined. The ability of government to deal with disasters is based on the idea that there is adequate institutional capacity. However, the biggest weakness in institutional capacity lies at the provincial and local levels. In some cases local government structures lack resources and are often not functional or have little or no planning in place should disasters occur. In most cases metropolitan communities are more fortunate than their rural counterparts. They have a higher level of accessibility to emergency services and resources. Also, given the racial divisions that have informed the country's past allocation of resources, what were formerly known as black areas are generally under-serviced. Budgetary constraints often result in departments (both those who have a primary role and those who have a secondary or support role) having limited capacity to respond effectively with minimum resources. In cases of emergency the release of funds often takes a long time due to complex state procedures, like tendering rules. This makes it difficult to mobilise additional resources outside of the state in time to allow adequate relief measures to be taken. Green Paper on Disater Management Index | Section-4 Index | Top of page 4.4. Legislative framework What legislation is currently in place? The Civil Protection Act, 1997, and the Fund Raising Act, 1978 are the two pieces of legislation which currently deal with disasters (see box below for details). However, these two Acts do not provide an adequate or comprehensive legislative framework for dealing with disasters in an holistic and proactive manner. One of the main shortcomings of current legislation is that it refers only to Civil Protection issues. It places great emphasis on dealing with the consequences of disasters (a reactive approach) and disregards the approach required for disaster management, which includes the proactive, or risk reduction approach. A legislative framework is often a critical factor for any function. This is certainly true for the disaster management approach. Legislation needs to create an enabling environment, in particular at local government levels, which are institutions at the forefront of disaster management. What our current legislation provides for: In terms of the Civil Protection Act: If the disaster is at the local level, the prime responsibility for handling the problem rests with the specific local government. When the severity of the event is greater than the local government can handle, it must inform the province and request appropriate kinds of assistance. If a "state of disaster" must be declared, the premier of the relevant province may take appropriate steps in terms of the ordinances to deal with the situation for a period of four days. He/she may also provide financial assistance. The Minister for Provincial Affairs and Constitutional Development has the power to declare a "state of disaster". In terms of the Act, there is no provision for funding from national government. In terms of the Fund-Raising Act: If persons, organisations, or bodies suffered damage as a result of a disaster, the local government concerned can, according to this Act, request the premier of the relevant province to approach the Department of Welfare to take necessary steps to declare the event to be a disaster. The Department of Welfare will advise the President who can declare an event to be a disaster. Financial assistance can be given from the disaster relief fund to victims of a disaster on an ex gratia basis for damages or losses. The main problems with our legislation The present legislative framework can be a source of confusion as it introduces many levels where decisions could be taken. It does not provide a clear-cut delineation of authority and process for the declaration of a "state of disaster". In other words there are no clear criteria for when the state should intervene. For instance, the Civil Protection Act gives the Minister of Constitutional Development the power to declare a state of disaster, but no further powers to instruct other line Ministries which actions need to be taken by them. A further weakness is that in the event of a disaster, fund-raising and the provision of financial disaster relief to victims cannot be undertaken within the framework of "Civil Protection" legislation but is addressed under a separate Act - the Fund Raising Act (Act No 107 of 1978). Conclusion New legislation must eliminate confusion. It should provide the framework for allowing provincial laws (old ordinances), regulations, and directives and, where necessary, by-laws, to spell out what each role player must consider and/or undertake. This is particularly necessary if the roles of National, Provincial and Local Government reflected in this Green Paper are to be fulfilled. Legislation is usually of two kinds: a comprehensive legal instrument giving authority to the elements of the disaster management policy and plans; and, legislation granting emergency powers to government during times of emergency. Points of debate and key questions Should there be a review of international and existing national legislation on disaster management? Should there be specific legislation for each of the disaster areas, or a general enabling legislation, that is proactive, and ensures that risk reduction is the main focus and premise of the new Act? Should such legislation be development-orientated? What emergency powers should be granted by the new legislation and to whom? What elements of risk reduction should be incorporated into new legislation? How should existing legislation dealing with various disasters be dealt with, and how can proactive approaches be introduced? Who should administer the new Act? What are the key principles that should inform the Act? What should be the main elements of a new Act? Should the departments of Finance and State Expenditure develop legislation to deal with disaster management funds, and, if so, what should this involve? Green Paper on Disater Management Index | Section-4 Index | Top of page General | 1. Introduction | 2. Key principles for a Disaster Management policy | 3. Different approaches to Disaster Management | 4. Current situation in managing diasaters | 5. Ensuring that a system for Disaster Management is in place | 6. Intergovernmental and civil society co-operation and co-ordination | 7. Glossary | Contents