Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 6 : Funding of post-disaster recovery and rehabilitation56. Guiding principles |
| (1) | This Chapter is subject to sections 16 and 25 of the Public Finance Management Act, 1999, which provide for the use of funds in emergency situations. |
| (2) | When a disaster occurs the following principles apply– |
| (a) | National, provincial and local organs of state may financially contribute to response efforts and post-disaster recovery and rehabilitation. |
| (b) | The cost of repairing or replacing public sector infrastructure should be borne by the organ of state responsible for the maintenance of such infrastructure. |
| (3) | The Minister may, in the national disaster management framework prescribe a percentage of the budget, or any aspect of a budget of a provincial organ of state or a municipal organ of state, as the case may be, as a threshold for accessing additional funding from the national government for response efforts. |
| (4) | Any financial assistance provided by a national, provincial or municipal organ of' state in terms of subsection (2)(a) 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— |
| (a) | whether any prevention and mitigation measures were taken and if not the reasons for the absence of such measures; |
| (b) | whether the disaster could have been avoided or minimised had prevention and mitigation measures been taken; |
| (c) | whether it is reasonable to expect that prevention and mitigation measures should have been taken in the circumstances; |
| (d) | whether the damage caused by the disaster is covered by adequate insurance and if not, the reasons for the absence or inadequacy of insurance cover: |
| (e) | the extent of financial assistance available from community public or other non-governmental support programmes: and |
| (f) | the magnitude and severity of the disaster, the financial capacity of the victims of the disaster and their accessibility to commercial insurance. |