Kouga Municipality’s environmental and disaster management duties and obligations

8 What are Kouga Municipality’s environmental and disaster management duties and obligations?

In terms of section 42(1) of the Disaster Management Act, 57 of 2002, each district municipality must establish and implement a framework for disaster management in the municipality aimed at ensuring an integrated an uniform approach to disaster management in its area by, inter alia, including the following role players, namely:

• All statutory functionaries of the municipality;
• All municipal entities operating in its area;
• All non-governmental institutions involved in disaster; and
• The private sector.

Such disaster management framework must be consistent with the provisions of this Act, the national disaster management framework and the disaster management framework of the province concerned.

Section 42 of the Disaster Management Act, 57 of 2002 further demands that each district municipality must establish a disaster management centre for its municipal area. The powers and duties of such disaster management centre, inter alia, include the following (section 44 read with sections 47 and 50), specifically to:

• Promote an integrated and co-ordinated approach to disaster management in the municipal area, with special emphasis on prevention and mitigation;
• Act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster management in the municipal area;
• Make recommendations regarding the funding of disaster management in the municipal area, and initiate and facilitate efforts to make such funding available;
• Promote the recruitment, training and participation of volunteers in disaster management in the municipal area;
• Promote disaster management capacity building, training and education, including in schools, in the municipal area;
• Promote research into all aspects of disaster management in the municipal area;
• Give advice and guidance by disseminating information regarding disaster management in the municipal area, especially to communities that are vulnerable to disasters;
•   Determining levels of risk;
•   Assessing the vulnerability of communities and households to disasters that may occur;
•   Increasing the capacity of communities and households to minimise the risk and impact of disasters that may occur;
•   Monitoring the likelihood of and the state of alertness to disasters that may occur;
•  The development and implementation of appropriate prevention and mitigation methodologies;
•  The integration of prevention and mitigation methodologies with development plans, programmes and initiatives;
•  Promote formal and informal initiatives that encourage risk-avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities, households and individuals in the municipal area;
•  Submit a report annually to the municipal council on -

•  Its activities during this year;
•  The results of the centre’s monitoring of prevention and mitigation initiatives;
•  Disasters that occurred during the year in the area of the municipality;
•  The classifications, magnitude and severity of these disasters;
•  The effects they had;
•  Particular problems that were experienced in dealing with these disasters;
•  The way in which these problems were addressed and any recommendations the centre wishes to make in this regard.

Section 45 of the Disaster Management Act, 57 of 2002 also requires a municipal council to appoint a person as head of its municipal disaster management centre who is responsible for the exercise by the centre of its powers and the performance of its duties.

In terms of section 51 of the Disaster Management Act, 57 of 2002 Kouga Municipality may establish a municipal disaster management advisory forum consisting, inter alia, of:

• The head of the municipal disaster management centre;
• A senior representative of each department;
• Organised business;
• Relevant community-based organisations;
• The insurance industry in the municipality; and
• Representatives of the agriculture sector.

Furthermore, section 52 read with section 53 of the Disaster Management Act, 57 of 2002 requires that each municipal entity indicated in the national or the relevant provincial or municipal disaster management framework must prepare a disaster management plan setting out:

• The way in which the concept and principals of disaster management are to be applied in its functional area;
• Its role and responsibilities in terms of the national, provincial or municipal disaster management frameworks;
• Its role and responsibilities regarding emergency response and post-disaster recovery and rehabilitation;
• Its capacity to fulfil its role and responsibilities;
• Particulars of its disaster management strategies;
• Contingency strategies and emergency procedures in the event of a disaster, including measures to finance these strategies;
• Prepare a disaster management plan for its area according to the circumstances prevailing in the area;
• Co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players;
• Regularly review and update its plan; and
• Through appropriate mechanisms, processes and procedures established in terms of Chapter 4 of the Local Government: Municipal Systems Act, 2000 (Act No. 23 of 2000), consult the local community on the preparation or amendment of its plan.

A disaster management plan for a municipal area must:

• Form an integral part of the municipalities integrated development plan;
• Anticipate the types of disaster that are likely to occur in the municipal area and their possible effects;
• Place emphasis on measures that reduce the vulnerability of disaster-prone areas, communications and households;
• Seek to develop a system of incentives that will promote disaster management in the municipality;
• Identify the areas, communities or households at risk;
• Take into account indigenous knowledge relating to disaster management;
• Promote disaster management research;
• Identify and address weaknesses in capacity to deal with possible disasters;
• Provide for appropriate prevention and mitigation strategies;
• Facilitate maximum emergency preparedness; and
• Contain contingency plans and emergency procedures.

Section 56 of the Disaster Management Act, 57 of 2002 set down the following guiding principles when a disaster had occurred:

• National, provincial and local organs of state may financially contribute to response efforts and post-disaster recovery and rehabilitation; and
• The cost of repairing or replacing public sector infrastructure should be borne by the organ of state responsible for the maintenance of such infrastructure.

Any financial assistance provided by a national, provincial or municipal organ of state must be in accordance with the national disaster management framework and any applicable post-disaster recovery and rehabilitation policy of the relevant sphere of government, and may take into account:

• Whether any prevention and mitigation measures were taken, and if not, the reasons for the absence of such measures;
• Whether the disaster could have been avoided had prevention and mitigation measures been taken;
• Whether it is reasonable to expect that prevention and mitigation measures should have been taken in the circumstances;
• Whether the damage caused by the disaster is covered by adequate insurance, and if not, the reasons for the absence of inadequacy of insurance cover;
• The extent of financial assistance available from community, public or other non-governmental support programmes; and
• The magnitude and severity of the disaster, the financial capacity of the victims of the disaster and their accessibility to commercial insurance.

Given the above contexts, the Oyster Bay Ratepayers Association is advised to contact the head of the Kouga Municipality and or disaster management centre regarding the flood damage in Oyster Bay, vis-à-vis:

• The framework for disaster management in the municipality in terms of section 42(1) of the Disaster Management Act, 57 of 2002;
• The powers and duties ( see section 44 read with sections 47 and 50 above) of the disaster management centre of Kouga Municipality established in terms of section 42 of the Disaster Management Act, 57 of 2002;
• The municipal disaster management advisory forum, if established in terms in terms of section 51 of the Disaster Management Act, 57 of 2002;
• The disaster management plan in terms of section 52 read with section 53 of the Disaster Management Act, 57 of 2002;
• The guiding principles set out in section 56 of the Disaster Management Act, 57; and
• The financial assistance provided for in terms of section 56 of the Disaster Management Act, 57 of 2002, in particular –
 If prevention or mitigation measures were taken or should have been take; and
 Whether the damage caused by the disaster is covered by adequate insurance, and if not, the reasons for the absence of inadequacy of insurance cover.


Compiled by Prof Dr DJ Lötz (BIur, LLB, LLM, LLD)
Brooklyn Court, Block A, 1st floor, 361 Veale Street, Brooklyn
Borchardt & Hansen Inc