National state of disaster declared because of floods due to inclement weather

This came after the magnitude and severity of the impact of the flooding incidents which caused a devastating impact in Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, and North West provinces that resulted in the loss of life, missing persons, damage to property, infrastructure and the environment.

This came after the magnitude and severity of the impact of the flooding incidents which caused a devastating impact in Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, and North West provinces that resulted in the loss of life, missing persons, damage to property, infrastructure and the environment.

Published Feb 14, 2023

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Durban — The Department of Co-operative Governance and Traditional Affairs (Cogta) has classified the impact of floods due to inclement weather in a number of provinces as a national disaster.

This was according to the National Disaster Management Centre head Dr Elias Sithole in a government notice dated February 13, 2023.

Sithole said that “after having deliberated with Provincial Disaster Management Centres, and after assessing the magnitude and severity of the impact of the flooding incidents which caused devastating impact in Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, and North West provinces that resulted in the loss of life, missing persons, damage to property, infrastructure and the environment, and after having considered the information and recommendations received from the Provincial Disaster Management Centres, hereby give notice that on February 13, 2023, in terms of Section 23(1)(b) of the Disaster Management Act, 2002 (Act No. 57 of 2002), I classified this occurrence as a national disaster”.

Sithole said that emanating from the classification of this occurrence as a national disaster, in terms of section 26 read with section 23(8) of the Act, the primary responsibility to co-ordinate and manage this disaster, in terms of existing legislation and contingency arrangements, is designated to the national 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 provinces to effectively deal with the effects of this disaster.

“Furthermore, all affected organs of state must prepare and submit reports, as required by the National Disaster Management Centre as prescribed in section 24(4) - (8) of the Act,” Sithole said.

Meanwhile, in another government notice, Cogta Minister Dr Nkosazana Dlamini Zuma said that considering the magnitude and severity of the damage caused by the inclement weather due to the cut-off low that brought widespread showers and flooding in the Eastern Cape, Mpumalanga and other provinces and following the classification of these occurrences as a national disaster by the National Disaster Management Centre head Sithole, and taking into account the need to augment existing measures undertaken by organs of state to deal with the national disaster, Dlamini Zuma designated under Section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002) (“the Act”), in terms of:

1. Section 27(1) of the Act, hereby declare a national state of disaster having recognised that special circumstances exist to warrant the declaration of a national state of disaster; and

2. Section 27(2), read with section 27(3) of the Act, may, when required, make regulations and issue directions or authorise the issuing of directions concerning the matters listed therein, only to the extent that it 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 nature and other effects of the disaster.

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