QUESTION TWO

The Disaster Management Act No$.57$ of $2002$ was passed following a period of intensive and

extensive consultation which entailed public, and internal to government, review of two policy

documents, a green paper and a white paper. The latter $($the White Paper on Disaster

Management$-$Republic of South Africa $1999)$ presents some core principles and argues for a

more pro$-$active approach. The constitution, mainly in the bill of rights, establishes the need

for disaster management albeit indirectly $-$ for example the right to life $($s$11)$ and the right to

an environment which is not harmful $($s$24(1))($Republic of South Africa $1996$: Chapter Two$).$

The Disaster Management Act was given presidential approval on December $30,2002,$ after

which it became part of the land's law.

The Disaster Management Act was given presidential assent on December $30,2002,$ after

which it became part of the land's law. Due to the Act's passing, a National Disaster

Management Framework was needed. The national disaster management framework is the

legal instrument specified by the Act to address such needs for consistency across multiple

interest groups, by providing 'a coherent, transparent and inclusive policy on disaster

management appropriate for the Republic as a whole' $($section $7(1)).$ In this context, the

national disaster management framework recognises a diversity of risks and disasters that

occur in southern Africa and gives priority to developmental measures that reduce the

vulnerability of disaster$-$prone areas, communities and households. Also, in keeping with

international best practice, the national disaster management framework places explicit

emphasis on the disaster risk reduction concepts of disaster prevention and mitigation as the

core principles to guide disaster risk management in South Africa. The national disaster

management framework also informs the subsequent development of provincial and municipal

disaster management frameworks and plans, which are required to guide action in all spheres

of government.

In line with the tenants of the Disaster Management Amendment Act $16$ of $2015$ and the

subsequent amended Act in $2016,$ critically examine the different mechanisms contained in

the Act for the effective management of disasters.