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

Chapter 5 : Municipal Disaster Management

Part 2 : Municipal disaster management centres

44. Powers and duties

 

(a) must specialise in issues concerning disasters and disaster management in the municipal area;
(b) must promote an integrated and co-ordinated approach to disaster management in the municipal area, with special emphasis on prevention and mitigation, by—
(i) departments and other internal units within the administration of the municipality, and, in the case of a district municipality, also by departments and other internal units within the administration of the local municipalities in the area of the district municipality;
(ii) all municipal entities operating in the municipal area; and
(iii) other role-players involved in disaster management in the municipal;
(c) must act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster management in the municipal area;
(d) may act as an advisory and consultative body on issues concerning disasters area and disaster management in the municipal area for—
(i) organs of state and statutory functionaries;
(ii) the private sector and non-governmental organisations; and
(iii) communities and individuals;
(e) must make recommendations regarding the funding of disaster management in the municipal area, and initiate and facilitate efforts to make such funding available;
(f) may make recommendations to any relevant organ of state or statutory functionary—
(i) on draft legislation affecting this Act, the national disaster management framework or any other disaster management issue;
(ii) on the alignment of municipal legislation with this Act the national disaster management framework and the relevant provincial disaster management framework; or
(iii) in the event of a local disaster, on whether a local state of disaster should be declared in terms of section 55;
(g) must promote the recruitment, training and participation of volunteers in disaster management in the municipal area;
(h) must promote disaster management capacity building, training and education, including in schools, in the municipal area;
(i) may promote research into all aspects of disaster management in the municipal area;
(j) may give advice and guidance by disseminating information regarding disaster management in the municipal area, especially to communities that are vulnerable to disasters;
(k) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14; and
(l) may assist in the implementation of legislation referred to in section 2(1)(b) to the extent required by the administrator of such legislation and approved by the municipal council.

 

(2) A municipal disaster management centre may engage in any lawful activity in the municipal area, whether alone or together with any other organisation, aimed at promoting the effective exercise of its powers and performance of its duties.

 

(3) A municipal disaster management centre must exercise its powers and perform its duties—
(a) within the national disaster management framework, the disaster management framework of the province concerned and the disaster management frame-work of its municipality;
(b) subject to the municipality’s integrated development plan and other directions of the municipal council acting within the national disaster management framework, the disaster management framework of the province concerned and the disaster management framework of that municipality; and
(c) in accordance with the administrative instructions of the municipal manager.

 

(4) A municipal disaster management centre must liaise and co-ordinate its activities with the National Centre and the relevant provincial disaster management centre.