Disaster Management Act, 1997
Act 2 of 1997
- Published in Government Gazette on 31 December 1997
- [This is the version of this document from 31 December 1997.]
- [This legislation was digitised using the Laws of Lesotho Volumes I – XLVII, which were produced by the Attorney General of Lesotho, as reference. As the volumes do not include precise publication dates, the last day of the year of publication has been used as the date of publication.]
Part 1 – Preliminary
1. Short title and commencementThis Act may be cited as the Disaster Management Act, 1997 and it shall come into operation on the date of its publication in the Gazette.
2. InterpretationIn this Act, unless the context otherwise requires— "appointed member" means a member of the Board appointed by the Minister;"Authority" means the Disaster Management Authority established under section 11 of this Act;"Board" means the Board of Directors of the Disaster Management Authority established under section 14 of this Act;"Chief Executive" means the Chief Executive of the Disaster Management Authority appointed under section 21 of this Act;"disaster" means a progressive or sudden, widespread or localised, natural or man-made event including not only prevalent drought but also heavy snowfalls, severe frosts, hailstorms, tornadoes, landslides, mud-slides, floods, serious widespread fires and major air or road traffic accidents;"disaster management" means a continuous and dynamic multi-sectoral, multi-disciplinary process of planning which seeks, by the systematic study and analysis of disasters, to improve measures relating to prevention, mitigation, emergency preparedness, response and post-disaster recovery;"emergency" means any occasion, instance or event for which, in the determination of the Prime Minister, exceptional assistance from the government is needed to supplement national, district, community or individual actions to save lives, protect property and public health and safety or to prevent or mitigate the threat of a catastrophe or extreme hazard in any part of Lesotho;"fund" means the Disaster Management Fund referred to in section 34 of this Act;"Minister" means the Minister responsible for the administration of this Act;"mitigation" means measures aimed at reducing the impact of a natural or man-made disaster on the nation or the community;"preparedness" means measures including the preparation of viable disaster relief plans, maintenance of resources and training of personnel undertaken by the government, non-governmental organisations, communities and individuals to mobilise, organise and provide relief measures required to deal with an impending or current disaster;"prevention" means measures aimed at stopping a disaster from occuring or preventing such an occurrence having harmful effects on communities;"recovery" means a process by which people or communities are assisted to return to their proper level of livelihood following a disaster;"Regulations" means regulations made under section 48 of this Act;"response" means measures undertaken immediately prior to or during a disaster-induced emergency in order to bring relief of people, communities or enterprises affected by the disaster;"Task Force" means the National Disaster Relief Force established under section 8 of this Act.
Part II – Declaration of state of disaster
3. Declaration of state of disaster
4. Emergency powersIn addition to the general emergency powers set out in the Emergency Powers Order 19881, the Minister shall, during a state of disaster, have the fo lowing powers—
Part III – Disaster Management
5. Disaster Management Plan
6. Disaster Relief PlansUpon the declaration of a state of disaster—
7. Post-Disaster Reconstruction, Rehabilitation and Recovery PlanDuring a state of disaster, the Chief Executive shall prepare a Post-Disaster Reconstruction, Rehabilitation and Recovery Plan and, following its agreement by the Board and its approval by the Cabinet, shall implement and maintain that plan at national and district level as appropriate.
Part IV – National Disaster Relief Task Force
8. Establishment of National Disaster Relief Task Force
9. Functions of the Task ForceThe Task Force shall—
10. Meetings of the Task Force
Part V – Disaster Management Authority
11. Establishment of Disaster Management Authority
12. Working groups
13. Functions of the AuthorityThe Authority shall—
14. The Board
15. Functions of the BoardThe Board shall—
16 Termination of appointmentThe Minister shall terminate the appointment of an appointed member if that member—
17. Tenure of office
18. Meetings of the Board
19. Expenses and allowancesAn appointed member of the Board shall be paid such expenses and allowances as the Board may recommend and the Minister may determine with the concurrence of the Minister responsible for finance.
20. Disclosure of interest
21. Chief Executive
22. Deputy Chief ExecutiveThere shall be a Deputy Chief Executive who shall act as Chief Executive during the absence or incapacity of the Chief Executive and during an emergency, shall act as the Deputy National Disaster Relief Coordinator.
Part VI – District and Village Disaster Management Teams
23. District Disaster Management Team
24. Functions of a District Disaster Management TeamA District Disaster Management Team shall—
25. Powers of a District Disaster Management TeamA District Disaster Management Team shall have all necessary powers for the efficient performance of its functions under this Act.
26. Village Disaster Management Team
28. District Disaster Relief Co-ordinatorThe District Secretary of each district shall, during an emergency, act as the District Disaster Relief Coordinator for the district for which he has been appointed.
29. Powers and duties of a District Secretary
31. Delegation of powers or responsibilities
32. District Disaster Management OfficerThere shall be a District Disaster Management Officer in each district who shall be appointed by the Public Service Commission and who shall report and be responsible directly to the District Secretary.
33. Functions of District Disaster Management OfficerThe District Disaster Management Officer shall provide a working link between the District Secretary, the District Disaster Management Team, the Village Disaster Management Teams in the district and the Authority, and shall assist the District Secretary acting as the District Disaster Relief Coordinator or in any other role in relation to—
Part VII – Finances
36. DisbursementsThere shall be paid out of the fund—
38. Financial yearThe financial year of the Authority shall be the period from the first day of April to the thirty first day of March of the succeeding year, both days inclusive.
39. Annual budgetThe Chief Executive shall prepare and present to the Board for approval, in advance of each financial year, a budget for that year, indicating anticipated revenues, allocation of the revenues and expenditures.
42. TransferUpon the establishment of the fund referred to in section 34, all monies in the National Disaster Relief Fund established by the Finance (National Drought Disaster Relief Fund) Notice, 19952, shall be transferred to that fund.
Part VIII – Miscellaneous
43. Government assistance
44. Reimbursement and indemnificationThe District Secretary shall reimburse and indemnify every volunteer and other person employed in a disaster management organisation established and maintained by him for any reasonable expense or liability incurred by such volunteer or other person as a result of—
45. Disability benefits
46. IndemnityWithout prejudice to any defence or limitation which may be available in terms of any law, but subject to the provisions of this Act, no claim shall be made and no set-off shall operate against—
47. Offence and penaltyAny person who, without lawful excuse, fails to comply with an order or instruction given in terms of this Act, commits an offence and, on conviction, shall be liable to a fine not exceeding M10,000 or to imprisonment for a period not exceeding 5 years or both.
48. RegulationsThe minister may make the Regulations for the proper implementation of the provisions of this Act.
49. By-lawsSubject to the provisions of this Act, a District Secretary within or outside his capacity of a District Disaster Relief Coordinator may make by-laws for carrying out the functions related to any disaster management activity in the district to which he is nominated.
50. Intent and purposeIf in the opinion of the Minister, through any error, accident or omission, anything required to be done in terms of this Act is omitted to be done or is not done in the manner or within the time determined therein, the Minister may order all such steps to be taken as in his opinion may have been necessary to rectify such error, accident or omission or he may validate anything which may have been irregularly done so that the intent and purpose of this Act shall be given effect to.
51. RepealsThe following Regulations are repealed—
History of this document
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Documents citing this one 4
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