Acts Online
GT Shield

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

Regulations

COGTA COVID-19 Disaster Response Directions, 2020

6. Directions

 

6.1. For the duration of the state of disaster for COVID-19, all Premiers, Members of Executive Councils responsible for local government in the provinces, the President of the South African Local Government Association, all Executive Mayors I Mayors and institutions of Traditional Leadership shall take all reasonable measures to facilitate and implement the measures to the extent provided herein.

 

6.2. Provision of water and sanitation services
6.2.1. Municipalities are directed to:
(a) Ensure that communities are provided with the necessary means to prevent transmission, whilst preventing disruptions in services that are rendered through both municipal programmes and customer interaction.
(b) Provide potable water and sanitation services to high population density settlements, rural communities, informal settlements.
(c) Provide other appropriate means, like water tankers, boreholes and storage tanks in water constrained communities that have limited access to municipal water supply.
(d) Ensure that, in collaboration with the relevant stakeholders, water and sanitation is available at public facilities and public transport points.

 

6.3. Communication, awareness, and hygiene education,
6.3.1. Municipalities and their officials and councillors,  as well as institutions of Traditional Leadership, should play an important role in ensuring wide-spread and consistent messaging and communication.

 

6.3.2. Municipalities and institutions of Traditional Leadership are directed to:
(a) Prepare and roll out awareness campaigns on COVID-19, using available media platforms (print, radio, and social media), to the public within their areas of jurisdiction.
(b) Ensure that communication materials include details on prevention methods, identification, infection control, local reporting channels and emergency contacts in order to raise public awareness and encourage appropriate preventative behaviours and practices.
(c) Conduct  advocacy  and  awareness  programs  on the  prevention  and control of COVID-19 and establish communication protocols for the reporting of cases relating to employees, councillors and traditional leaders.
(d) In partnership with the Health Authorities, provide soaps, sanitizers, facial masks, latex gloves and other materials or equipment necessary for prevention of person-to-person transmission in areas where municipal staff and councillors have direct contact at public service centres and facilities (i.e. municipal offices, clinics, etc.)
(e) In partnership with the health authorities, non-governmental organisations, community and faith-based organisations and the business community, provide orientation and information to Councillors, Ward Committees, Community Development Workers (CDWs), Traditional Leaders, Religious Leaders, Expanded Public Works Programme (EPWP) workers and Community Works Programme (CWP) participants to enable them to play the role of health promoters in their communities and enable uniform, non-alarmist and consistent communication with the public.

 

6.4. Waste management, cleansing and sanitization
6.4.1. The  control  of  the  transmission  of  the  virus  will  require  extra-ordinary cleansing and sanitization of public facilities.

 

6.4.2. Municipalities are directed to:
(a) Identify hotspot areas and mitigation measures within their areas of jurisdiction.
(b) In collaboration with relevant health authorities, establish capacitated and well-equipped response teams (e.g. with pressure cleansers and spray equipment, anti-biochemical protective clothing) who could be deployed to provide cleansing and sanitization of places and facilities that could be at high risk for the transmission of the virus.
(c) Share information on the potential hotspot areas with local, provincial and national structures and institutions for integrated responses.
(d) Ensure that the relevant protocols are followed when disposing of hazardous waste (equipment, masks, gloves, etc.).

 

6.5. Municipal public spaces, facilities and offices
6.5.1. Control measures must be put in place in relation to public spaces, facilities and offices to ensure social distancing to prevent the risk of transmission.

 

6.5.2. Municipalities are directed to immediately:
(a) Close all public spaces and facilities that do not provide essential services as follows:
(i) Swimming pools - all swimming pools to be immediately closed.
(ii) Beach bathing - bathing at all beaches to be prohibited with immediate effect.
(iii) Libraries - all municipal libraries to be closed.
(iv) Community halls and recreation centres to be closed for community events and functions.
(v) Museums and art galleries - all municipal museums and art galleries to be closed.
(vi) All markets including street vendors must be closed, other than food markets.
(vii) Public parks should be closed.
(viii) Events - all municipal events to be suspended indefinitely.
(b) Monitor social gatherings as follows:
(i) Cemeteries, crematoria and funerals - during funerals, affected families must be encouraged to observe recommended hygiene practices, limit the number of mourners in accordance with the regulations. The handling and disposal of human remains brought about as a result of COVID-19, must be done in terms of the guidelines and protocols that have been developed by the National Department of Health.
(ii) Community gatherings, other than funerals, must be cancelled and stopped immediately.
(iii) Wedding receptions and celebrations must be cancelled for the duration of the lockdown and all periods of restricted movement.
(c) Stop the issuing of permits for marches, protests and the handover of petitions

 

6.6. Isolation and quarantine
6.6.1. Municipalities are directed to:
(a) Work with the provincial departments to identify suitable quarantine and isolation sites within their jurisdiction.
(b) Implement provisions for quarantine, self-quarantine and isolation, as guided by the protocols and guidelines of the Department of Health.

 

6.6.2. Municipalities are directed to:
(a) Monitor and control social distancing in communities.
(b) Work in collaboration with the South African Police Service, South African National Defence Force, and other law enforcement agencies to stop social and public gatherings, other than funerals.
(c) Adhere to the separate regulations pertaining to funerals.

 

6.7. Municipal operations and governance
6.7.1 Municipalities and municipal entities are required to perform their various statutory functions, including the adoption of integrated development plans (IDPs) and operations relating to municipal services and revenue collection.

 

6.7.2 When rendering municipal services, municipalities and municipal entities must ensure that there is strict adherence to all COVID-19 public health and containment prescripts, especially those relating to gatherings, physical distancing, health and safety.

 

6.7.3 Subject to paragraph 6.7.2, normal face-to-face council and staff meetings may be conducted, where necessary, but it is recommended that all meetings should still be conducted through electronic means, if possible.

 

6.7.4 Furthermore, municipalities and municipal entities are directed to—
(a) convene meetings of council and committees of council to consider—
(i) any council-related business, including the adoption of IDPs; and
(ii) matters relating to the provision of critical municipal services such as roads and storm water, electricity, municipal health services, municipal environmental services, and waste management services;
(b) ensure that communities are consulted using virtual platforms and alternative methods of consultation, instead of contact meetings, to provide comments on the draft IDP and Budget;
(c) ensure that meetings of the Development Tribunal and other structures performing similar quasi-judicial functions are held, only where necessary;
(d) render the following services:
(i) Payment for licenses;
(ii) issuing of licenses of vehicles, renewal of drivers licenses and roadworthy certificates;
(iii) municipal services, such as water and electricity, property rates, refuse removal, rental payments, collections, etc;
(iv) issuing of clearance certificates; and
(v) meter reading;
(e) undertake emergency procurement within the framework of the Disaster Management Act, 2002 (Act No. 57 of 2002), and the applicable COVID-19 Regulations and National Treasury notices or instructions;
(f) report all procurement undertaken during the period of the national state of disaster to council meetings;
(g) submit reports in compliance with section 24(4) to 24(8) of the Disaster Management Act, 2002.

 

6.7.5 Municipal councils that are due to fill vacancies in any of the positions of municipal office-bearers may request the Electoral Commission (EEC) to manage the election of such office-bearers.

[Direction 6(6.7) substituted by section 2 of Notice No. 748, GG43503, dated 3 July 2020]

 

6.7.3 Municipalities are directed to:
(a) Suspend all council meetings during the initial 21 Day Lockdown period, or any other extended period of Lockdown that may be declared.
(b) Not convene any meetings, including the IDP community and consultation processes and the consideration and passing of budgets, during the initial 21 Day Lockdown period, or any other extended period of Lockdown that may be declared.
(c) Ensure that after the Lockdown period or any other extended period of Lockdown, but still during the national state of disaster, meetings requiring more than 100 persons to be present, make appropriate alternative arrangements for meetings to proceed. These arrangements may include the viewing of proceedings from different venues, and then casting their votes in the council chambers in groups, which do not exceed the 100 -person limit at any given time, or counting the votes made in the different venues and then such votes added to inform decision -making.
(d) Undertake emergency procurement within the framework of the Disaster Management Act, 2002 and the transversal contracts issued by the National Treasury, that have been finalised by the Municipal Infrastructure Support Agent prior to the pandemic. (please just make sure that these are indeed transversal contracts) see PFMA and MFMA.
(e) Adhere to all applicable National Treasury Regulations and MFMA Circular 100, Emergency Procurement in Response to COVID -19 Pandemic, that were issued by the National Treasury in terms of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003).
(f) Ensure that during the initial 21 Day Lockdown period, or any other extended period of Lockdown that may be declared, notwithstanding any requirements in terms of any systems of delegation of municipalities, decision -making that would have required the approval of councils, council committees, mayoral or executive committees, will be made by the Municipal Manager on written recommendation of the Chief Financial Officer and with approval or concurrence of the mayor or executive mayor.
(g) Ascertain that decisions taken in respect of paragraph (f) above must be of an emergency nature and which may not be able to be deferred to after the Lockdown, are reported and ratified in the first meeting of the relevant structure as per the systems of delegation of the municipality.
(h) Report all procurement undertaken during the period of the state of disaster to the first council meeting after the lapsing or the termination of the state of disaster.

 

6.7.4 Municipal entities are directed to:
(a) Ensure that during the initial 21 Day Lockdown period, or any other extended period of Lockdown that may be declared, notwithstanding any requirements in terms of any systems of delegation of municipalities, decision -making that would have required the approval of councils, council committees, mayoral or executive committees, will be made by the Accounting Officer of the Entity on written recommendation of the Chief Financial Officer and with approval or concurrence of the Chairperson of the Board of the Entity.
(b) Ascertain that decisions taken in respect of paragraph (a) above must be of an emergency nature and which may not be able to be deferred to after the Lockdown, are reported and ratified in the first meeting of the relevant structure as per the systems of delegation of the municipality.

[Direction 6(6.7) substituted by section 2 of Notice No. R. 432, GG43184, dated 30 March 2020]

 

6.8. Institutional arrangements and development of COVID-19 Response Plans
6.8.1. Provincial COGTAs and Offices of Premiers are directed to immediately:
(a) Establish the Provincial Command Council.
(b) Establish coordinating structures at provincial level to support the national institutional arrangements.
(c) Support the establishment of joint operation centres per district and metropolitan municipality.
(d) Avail resources to supplement the capacity of the joint operation centre or the district disaster management centres.
(e) Monitor the impact of interventions and submit weekly consolidated reports to the national disaster management structures.

 

6.8.2. Municipalities are directed to immediately:
(a) Establish the District Command Council with immediate effect.
(b) Establish coordinating structures at municipal level to support the national and provincial institutional arrangements in collaboration with district and provincial administrations.
(c) Participate in joint district and provincial disaster management structures to ensure a coordinated response to COVID-19.
(d) Monitor the progress and impact of interventions in  the  municipality and submit weekly consolidated reports to the provincial and national disaster management structures.

 

6.9. Development of COVID-19 Response Plans
6.9.1. Provincial COGTAs and Offices of Premiers are also directed to:
(a) Develop and implement a COVID-19 Response Plan for the province with immediate effect.
(b) Monitor and coordinate provincial COGTA's response to COVID-19.
(c) Obtain and analyse district/Metros COVID-19 risk profiles.
(d) Support the district disaster management centres to develop response plans with the involvement of local municipalities.
(e) Monitor and report on the progress and impact of the interventions to the Minister on a weekly basis.

 

6.9.2. Municipalities are directed to:
(a) Develop and implement a COVID-19 Response Plan within each district/metropolitan geographical space with immediate effect.
(b) Compile a COVID-19 risk profile, including hotspot areas in the municipality.
(c) Monitor and report on the progress and impact of the interventions to the Minister on a weekly basis.

 

6.10. Precautionary measures to mitigate employee health and safety risks.
6.10.1. National  Departments,  Provincial  governments,  Municipalities  and institutions of Traditional Leadership are directed to:
(a) Provide frontline staff with the materials or  equipment necessary to prevent person-to-person transmission, including soaps, sanitizers, facial masks, and latex gloves.
(b) Prioritise electronic document handling measures to minimize person-to-person transmission through document and stationary handling.
(c) Provide frontline and general staff with training on hygiene and sanitizing of workspaces and on COVID-19 risk identification and response protocols.
(d) Ensure cleansing and sanitising of reception areas I community service centres, offices, lifts, vehicles, biometrics and ablution facilities, and all other objects that are generally touched by persons utilising the facilities, including handles and taps.
(e) Disinfect floor and work surfaces of municipal offices periodically, at least twice-a-day during working hours.
(f) Assign officials (including service providers) who will sanitise hands of people entering public facilities.
(g) Install secured alcohol-based sanitizer dispensers at all points of entry, exit, workstations and in the passages/corridors.
(h) Issue all officials at  reception, admission and operational areas with appropriate protective equipment with immediate effect (as per the Standing Operating Procedures of the Department of Health).
(i) Ensure that gloves are sanitised between searches.
(j) Provide bins for the disposal of bio-hazardous material.
(k) Temporarily suspend the provision of services to the public in instances where there is no sanitising or protective clothing equipment available, other than the provision of essential services, as define by the relevant regulations.
(I) Establish mechanisms for reporting of identified cases of transmission and infection, without raising public alarm and fear.
(m) Provide protective materials and or equipment for prevention of person-to-person transmission for general workers and operators of municipal equipment and vehicles as a precautionary measure.
(n) Ensure that sufficient stock is available for the duration of the national state of disaster.
(o) Direct inquiries about COVID-19 to relevant health authorities, if it cannot be addressed by the municipality.