Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 3 : National Disaster ManagementPart 2 : Powers and duties of national government27. Declaration of national state of disaster |
| (1) | In the event of a national disaster, the Minister may, by notice in the Gazette declare a national state of disaster if— |
| (a) | existing legislation and contingency arrangements do not adequately provide for the national executive t o deal effectively with the disaster; or |
| (b) | other special circumstances warrant the declaration of a national state of disaster. |
| (2) | If a national state of disaster has been declared in terms of subsection (1) the Minister may, subject to subsection (3), and after consulting the responsible Cabinet member, make regulations or issue directions or authorise the issue of directions concerning— |
| (a) | the release of any available resources of the national government, including stores, equipment, vehicles and facilities; |
| (b) | the release of personnel of a national organ of state for the rendering of emergency services; |
| (c) | the implementation of all or any of the provisions of a national disaster management plan that are applicable in the circumstances; |
| (d) | the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life; |
| (e) | the regulation of traffic to, from or within the disaster-stricken or threatened area; |
| (f) | the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area; |
| (g) | the control and occupancy of premises in the disaster-stricken or threatened area; |
| (h) | the provision, control or use of temporary emergency accommodation |
| (i) | the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area |
| (j) | the maintenance or installation of temporary lines of communication to, from or within the disaster area; |
| (k) | the dissemination of information required for dealing with the disaster |
| (l) | emergency procurement procedures; |
| (m) | the facilitation of response and post-disaster recovery and rehabilitation |
| (n) | other steps that may be necessary to prevent an escalation of the disaster or to alleviate, contain and minimise the effects of the disaster; or |
| (o) | steps to facilitate international assistance. |
| (3) | The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of— |
| (a) | assisting and protecting the public; |
| (b) | providing relief to the public; |
| (c) | protecting property; |
| (d) | preventing or combating disruption; or |
| (e) | dealing with the destructive and other effects of the disaster. |
| (4) | Regulations made in terms of subsection (2) may include regulations prescribing penalties for any contravention of the regulations. |
| (5) | A national state of disaster that has been declared in terms of subsection (1)— |
| (a) | lapses three months after it has been declared; |
| (b) | may be terminated by the Minister by notice in the Gazette before it lapses in terms of paragraph (a) and |
| (c) | may be extended by the Minister by notice in the Gazette for one month at a time before it lapses in terms of paragraph (a) or the existing extension is due to expire. |