Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Severe Weather Events

Classification of a Provincial Disaster in terms of Section 23 of the Disaster Management Act 2002

Notice No. R. 2013 of 2022

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Notice No. R. 2013

13 April 2022

GG 46241

 

Department of Co-operative Governance

Impact of Severe Weather Events

 

I, Dr Mmaphaka Tau, in my capacity as the Head of the National Disaster Management Centre, after having deliberations with sector departments and the KwaZulu Natal (KZN) Provincial Disaster Management Centre, and after assessing the magnitude and severity of the impact of the severe weather events occurring in various municipal areas of the KZN province that resulted in the loss of life and damage to property, infrastructure and the environment caused by heavy rain, flooding, strong winds, landslides etc., and after having considered the information and recommendations received from the Provincial Disaster Management Centre, hereby give notice that on 13 April 2022, in terms of Section 23(1)(b) of the Disaster Management Act, 2002 (Act No. 57 of 2002), I classified these occurrences as a provincial disaster.

 

Emanating from the classification of this occurrence as a provincial disaster, in terms of section 40 read with section 23(8) of the Act, the primary responsibility to coordinate and manage this disaster, in terms of existing legislation and contingency arrangements, is designated to the provincial executive.

 

I hereby, in terms of Section 15(2)(aA) of the Act, read with section 23(8), call upon organs of state to further strengthen support to existing structures to implement contingency arrangements and ensure that measures are put in place to enable the KZN Province to effectively deal with the effects of this disaster.

 

Also emanating from this classification, and the assistance provided by organs of state in terms of section 23(8) and sections 15(2)(aA) of the Act, organs of state are called upon to prepare and submit reports, as required by the National Disaster Management Centre and in the case of a declaration, report to the respective intergovernmental forums as outlined in section 24(4) - (8) of the Act.

 

The revocation of the classification is set out in the schedule hereto.

 

 

Dr Mmaphaka Tau

Head: National Disaster Management Centre

Date: 13 April 2022

 

Schedule

 

Legal Provision

Revocation of classification

The provincial executive dealt with the provincial disaster in terms of existing legislation and contingency arrangements without declaring a provincial state of disaster in terms of section 41(1)

The classification is revoked by the Head: National Disaster Management Centre when the occurrence can no longer be regarded as a disaster in terms of the Act upon reassessment by the NDMC

The provincial executive dealt with the provincial disaster in terms of existing legislation and contingency arrangements as augmented by regulations and/ or directions following the declaration of a provincial state of disaster in terms of section 41(2)

The classification of a provincial disaster is automatically revoked when the provincial state of disaster is terminated or lapses in terms of section 41(5) of the Act