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20 April 2022 | Story Dr Olivia Kunguma | Photo Supplied
Dr-Olivia-Kunguma
Dr Olivia Kunguma is Lecturer in Strategic Disaster Management, Legal and Institutional Arrangements, and Management of Media Relations and Strategic Communication in the Disaster Management Training and Education Centre for Africa at the University of the Free State (UFS).

Opinion article by Dr Olivia Kunguma, Disaster Management Training and Education Centre for Africa, University of the Free State.
For more than four days, the eastern side of South Africa experienced devastating heavy rainfall, with KwaZulu-Natal (KZN) being hit the hardest. The persistent rains triggered flooding and mudslides. Several compounding impacts of the flooding and mudslides were recorded. The impact includes, but is not limited to, the death of more than 440 people; damage to infrastructure (telecommunication towers, roads, bridges, homes, power lines, etc.); car accidents; business and school closures; and missing people. Most disasters or incidents entail a potentially compounding process where one event leads to another. The stated hazards and impacts also led to a rise in desperate and disgruntled citizens who started protesting and looting. The civil unrest is attributed to the lack of services, such as access to water and electricity.

An incident of this magnitude requires the intervention of disaster management services, whose primary role is to coordinate relevant stakeholders to respond to the situation (Kunguma, 2022). The South African Disaster Management Act, 57 of 2002 (DMA) (as amended, Act 16 of 2015) (Republic of South Africa, 2002), used to manage and coordinate disaster management, mandates the disaster management centres to perform certain functions. One important function to note is the continuous coordination of multiple sectors and disciplines by planning and implementing measures aimed at risk reduction, rapid response, and post-disaster recovery and rehabilitation. 

The DMA is also used to declare certain incidents as disasters. Disasters can be declared in local, provincial, or national spheres of government. Since the flooding mostly affected KZN, there were appeals to declare the event a provincial disaster. The KZN Premier and the Minister of Cooperative Governance (CoGTA) and Traditional Affairs announced at press conferences (eNCA, 2022) that the event would be declared a disaster. The flooding and mudslides were classified as disastrous according to Section 23 of the DMA. This section prescribes that the National Disaster Management Centre must determine whether the event should be regarded as a disaster in terms of the DMA. The NDMC assesses the magnitude and severity of the event and then classify it as a local, provincial, or national disaster. On 13 April, Dr Mmaphaka Tau, the Head of the National Disaster Management Centre, declared the KZN floods a provincial disaster (CoGTA, 2022). A provincial disaster means that the event has affected more than one municipality, enabling the province to deal with the event effectively. 

The declaration of a disaster means that

• available resources such as facilities, vehicles, and funding are released; 
• personnel of the state organ are released to render emergency services; 
• the affected population is evacuated to temporary shelters;
• movement is regulated;
• information is disseminated; 
• temporary lines of communication are maintained or installed; and
• alcohol is suspended or limited in disaster-stricken areas.
Important to note is that the DMA does not apply to an incident that can be dealt with effectively in terms of contingency arrangements or other legislation that can address the consequences of the risk.

Flood relief efforts

The multidisciplinary and multisectoral nature of disaster management has led to several political stakeholders visiting the affected areas to assess the flooding in KZN. This included visits from the Mayor, Premier, Minister of Police, CoGTA Minister, and the President of South Africa. All the disaster management centres in the province have been activated to attend to the disaster. The emergency numbers of the centres were published on Twitter by the Presidency (PresidencyZA, 2022) and other government departments. The centres’ efforts include, but are not limited to, coordinating response; observing and monitoring weather information issued by authorities; disseminating early warning; issuing relief supplies such as blankets; continuing to assess the damage; evacuating the affected to places of safety (for example, all the community halls have been opened for shelter); and clearing up the damage. Stakeholders such as the South African Police Service (SAPS), Gift of the Givers, the South African Social Security Agency (SASSA), and the South African National Defence Force (SANDF) were coordinated by CoGTA (Disaster Management) to provide their services. At this point, the distribution of relief should be based on vulnerability assessments, with no political interference.

Determining the root causes 

The South African Weather Service (SAWS) predicted the expected heavy rainfall in time. The GFS weather forecast model of the United States of America has also predicted severe rainfall along the KZN coast since last week. There was a severe cut-off low system, a common kind of weather system that does not occur regularly but can occur often. In a cut-off low system, the low pressure causes air to rise, and when it does, it reaches a condensation level that forms clouds. When the cut-off low system came down along the coast, another system developed at a high altitude and combined with it, making it more intense. What was unusual, was that the cut-off low became stationary or ‘stalled’ over the KZN coast. Later, the cut-off low started turning more to the southeast. The cut-off low was then reclassified as a tropical cyclone or subtropical depression, named ‘ISSA’. 

In addition, the lack of infrastructure development in the coastal area could also be the cause of the flooding and mudslides. For example, the Isipingo River (Map of Isipingo River, 2022) was channelised with concrete embankments and confined in a narrow space, crossing the N2 in two places, without proper planning of water levees when building the N2 highway. When the river is flooded, the road would turn into a river. This kind of flooding also happened in 2019, so one would have expected the local government to have addressed this matter and that they would have done something about it. The water spills onto the road, as previous heavy seas have blocked the mouth of the river, and only a strong momentum of the river flow can break through the built-up sand. 

The flooding in residential areas such as Kloof and Hillcrest is due to the development of complexes that take up the natural land space where grass or trees would have allowed the water to penetrate the topsoil easily. In complexes, more than 50% of the area is covered with pavements and solid roofs that concentrate the run-off water, which drains into a channel not designed for that amount of water. The sudden fast-flowing water then quickly erodes the soil. Many places on the sides of the roads have concrete embankments, while other parts in between are without embankments. These open parts are where the water broke through, and landslides occurred on the various roads. These damages can also be attributed to developments on the top of the hills. “The town planners should not permit new complexes covering 70% of the area without considering redevelopment of water run-off and drainage management,” said Prof Sue Walker, an agricultural meteorologist at the University of the Free State, and a principal researcher at the Agricultural Research Council. 

Ms Nonala Ndlovu, the KZN CoGTA spokesperson, shared with eNCA News the possible causes of the flooding. The flooding is attributed to the poor drainage systems, exacerbated by littering in the communities. She, however, indicated that the non-stop rain was unprecedented and that even if the drainage systems were well serviced, it would still not be able to handle the high volume of water. She added that buildings in low-lying areas could not handle the influx of water (eNCA, 2022).

Flood recovery and future prevention

Investment in disaster risk reduction (DRR) efforts is needed more than disaster response efforts. Although the occurrence of heavy rain was predicted in time, the damage it caused showed that this timely prediction was ineffectual. Systematic approaches are needed to prepare for, prevent, and mitigate the frequency or severity of losses and damage caused by flooding. Surely, attention needs to be paid to research-informed town planning, building codes, land zoning, public awareness, flood legislation, and flood early warning systems, to name a few. 

Since disaster management has shown that it plays a leading and active role in responding to disasters, it also needs to play a leading role in reducing the risks. The KZN floods have exposed significant socio-economic and environmental vulnerabilities that require immediate attention if effective risk reduction is to be achieved.

UFS-DIMTEC is requesting donations of non-food items for the victims of the the KZN flood disaster. To donate, please contact Dr Tlou Raphela on +27 72 108 4987 or RaphelaTD@ufs.ac.za 

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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