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23 June 2022 | Story Dr Olivia Kunguma | Photo Supplie
Dr Olivia Kunguma
Dr Olivia Kunguma is a lecturer in the Disaster Management Training and Education Centre for Africa (DiMTEC) at UFS.

Opinion article by Dr Olivia Kunguma, Disaster Management Training and Education Centre for Africa, University of the Free State.
On 13 April 2022, the National Disaster Management Centre (NDMC) 'classified' the KwaZulu-Natal (KZN) floods as a provincial disaster in terms of Section 23 of the Disaster Management Act, 57 of 2002 (DMA). Following the classification, the KZN provincial government 'declared' a provincial state of disaster in terms of Section 41 of the DMA. Subsequent to this declaration and after considering reports from other provinces such as Eastern Cape and North West that were also affected by floods, on 18 April 2022, the disaster was reclassified. Following a consultation with the Cabinet, the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini-Zuma declared a national state of disaster. The national state of disaster was in terms of Section 27(1) and Section 23(6)(a)(b), which states that a disaster is a national disaster if it affects more than one province or if a single province is unable to deal with the disaster effectively. Another primary purpose of a national declaration was because the existing legislation and contingency arrangements of the affected state organs were insufficient to handle the provincial disaster and a need to activate other extraordinary measures as and when required. Also, the provincial disaster declaration was insufficient, given the widespread magnitude of the KZN floods. Since Durban has a port on which the entire nation and the Southern African region depend, the disaster had implications beyond the province. The Department of Cooperative Governance (DCOG) is the leading government department coordinating all stakeholders and intervention measures to address the effects of the disaster. The department is following a three-phased approach to support the affected provinces. The approach includes; immediate humanitarian relief, stabilisation and recovery, and rehabilitation and reconstruction.

Before the flooding disaster the KZN community was already vulnerable to xenophobic attacks, the COVID-19 pandemic, and civil unrest. The flooding disaster exacerbated the communities’ vulnerability and had a severe social, economic and environmental impact. At least 461 people lost their lives, about 874 companies were affected, 40 000 people were displaced, more than 40 people were reported missing, and damage to infrastructure was estimated at more than R20 billion. Mindful of all these challenges, local and international organisations and local communities extended a helping hand to those affected by the disaster. 

South Africa’s general response to disasters

As stated earlier, South Africa has been exposed to various hazards, some declared disasters by the government. In the past decade alone, xenophobic attacks on foreign nationals were declared a disaster in 2015; in 2018-2020 a drought was declared a disaster. In 2021, riots and looting in KZN were declared a disaster. Now the 2022 flooding has been declared a disaster. The occurrence and effect of hazards and the capabilities of the people affected to respond determines the need for a disaster declaration. Once a disaster has been declared, the necessary resources will be released. The point in question here is, “Is South Africa’s response to disasters adequate, timely and enough to assist affected communities?” The answer is the response is 'fair'. The fact that there is good disaster legislation that guides the process makes it a positive starting point. The challenge where timeliness is affected is the lengthy process of declaring the disaster so that the response can take place quickly. The response to xenophobic attacks was slow and inadequate because the government did not know how to classify the hazard. The response to the KZN looting and recent KZN flooding was also slow and inadequate, leading to significant impacts. To improve the response to disasters the proactive involvement of all stakeholders is needed, where all organs of state have sufficient resources and are prepared to respond to hazards in their custodianship, for example, drought, is the responsibility of the Department of Agriculture. 

Procedures for handling donations and relief

Organisations and individuals come together to respond to and assist victims of the disaster. With all volunteers coming together, the duplication of efforts is anticipated. According to the South African National Disaster Management Framework (NDMF) of 2005, the Disaster Management Centres must establish appropriate protocols to clarify procedures for requesting assistance and discourage ad hoc and unsolicited appeals for relief. Any possibilities of duplication are mitigated by establishing a Joint Operating Committee (JOC). Activating a JOC helps standardise reporting protocols and improve the coordination of interventions. Specific organisations form part of the JOC with allocated roles and responsibilities based on the disaster. For example, the Department of Social Development is responsible for conducting needs assessments and distributing relief items.

Furthermore, each stakeholder forming part of the JOC should implement the existing contingency or response plans and establish standard operating protocols or procedures (SOPs) for coordinating response and recovery operations as per their mandate. Some organisations do have SOPs, response or contingency plans, but due to the magnitude of the disaster, they could not be used effectively. The NDMF mandates the development of Regulations for the Practice and Management of Relief Operations. The regulations must be gazetted and must include relief standards and the duration of relief efforts. A JOC was established at metropolitan and provincial levels regarding the KZN flood disaster. Each JOC has a Disaster Management Relief Team (DMRT). This team is responsible for receiving donations and distributing them. The donating individuals or organisations contact the DMRT to handle the donations. The DMRT also allows the donors to select where they want their donations to go. Organisations that wish to contribute financially are urged to contribute to a Disaster Relief Fund account.

The Disaster Management Training and Education Centre for Africa (DiMTEC) joined in the initiative and called on the University of the Free State (UFS) and Bloemfontein community to donate non-perishable food and non-food items to the KZN flood disaster victims. 

DiMTEC staff
Staff members from the Disaster Management Training and Education Centre for Africa (DiMTEC) at UFS
in Durban. (Photo: Supplied)

After several weeks of collecting donations, the UFS-DiMTEC personnel travelled to Durban on 29 May to deliver the goods and visited some areas affected by the floods. The eThekwini Disaster Management and Emergency Control Unit staff thanked the UFS-DiMTEC personnel and the Bloemfontein community for the donations they made. “We appreciate your effort to deliver the donations to the flood victims personally. We would also like to invite UFS-DiMTEC to form collaborations with us as we have done with the Durban University of Technology. The collaborations will help us with disaster risk reduction efforts and build resilient communities,” said Mr Vincent Ngubane, the Head of eThekwini Disaster Management and Emergency Control Unit. Following the meeting with the Head of the Centre, the UFS-DiMTEC team was escorted to three shelters (KwaNdengezi Hall, Mariannridge Hall and Eshcol Community Church), most of which housed children from as young as six years of age. The challenges faced by the shelters include possibilities of theft, limited water and sanitation access, power cuts and inadequate food. 

Conjecture of KZN flooding disaster

Several media articles have recorded possible causes of the flooding and landslides disaster in KZN, and here are some of them:
• Slope instabilities relating to the local geology and topography influenced by climate change
• Hilly areas with significant gorges and ravines that are conducive to floods
• Common ‘cut-off low’ which brings heavy rain, damaging winds and cold weather mostly in autumn and spring
• Unmaintained storm-water drainage systems
• Housing shortages due to migration and lack of affordability that lead to informal settlements
• Apartheid legacy placed the poor in the periphery along low-lying areas and floodplains
• Social production (natural hazards interacting with a vulnerable population)
• Lack of science awareness among politicians, and toxic politics
• Poor planning and governance

Building back KZN better

While the KZN disaster response is ongoing, recovery and rehabilitation talks are in place. The DMA (Section 1) defines recovery and rehabilitation as a post-disaster phase that includes efforts and developments to normalise or restore a condition caused by a disaster. The effects of the disaster are mitigated, and circumstances that will mitigate or prevent a similar disaster are created. Before this phase commences, the government and other responsible stakeholders must effectively and scientifically conduct impact and risk assessments to inform resilient reconstruction. Climate change (heavy rains), environmental change (soil), and human and societal dynamics (settlements/civil unrest) are some of the factors that should be at the core of the KZN recovery and rehabilitation planning. Building back better in KZN requires the identification of better land for rebuilding. Overly, the earlier stated possible root causes of the flood disaster need to be scientifically researched to consider the findings in the recovery and rehabilitation phase. Funding is required for all this to happen, and the funds must be properly managed. While political support is a requirement, administrative structures must not be throttled. 

Donated items for flood stricken KZN
Some of the items donated to flood stricken Durban by UFS DiMTEC (Photo: Supplied)


Relief still needed during recovery and rehabilitation 

Although the KZN province is slowly transitioning from response and relief to recovery and rehabilitation, the disaster is far from over. While relief will still be needed to assist those in need, it must be reduced to avoid dependency. Currently, the disaster managers are dealing with challenges such as community members not affected coming to settle in community halls to benefit from free meals. Some community hall members have started complaining about the food and requesting specific meals. Nonetheless, the NDMF states that the prolonged relief supply creates dependency and discourages risk ownership, which is imperative for building resiliency.

Moreover, continued provision of relief reinforces risk transfer to external support, government or humanitarian agencies. The government needs to speed up the transition from relief to resilient rehabilitation without making further development mistakes. During this process, the KZN community must participate in the building back better process at all phases. 

Meanwhile, the UFS-DiMTEC is still appealing to the UFS community and the City of Bloemfontein to continue donating. Those wishing to donate are urged to drop off the items at the following drop-off point: Agriculture Building/Landbou, DiMTEC, First Floor, Room 3.102A, Bloemfontein. For more information regarding donations, please get in touch with Dr Tlou Raphela at +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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