The recent classification of foot-and-mouth disease (FMD) as a national disaster makes the availability of additional resources and capacity possible, and legislation can be amended during the disaster period to manage the crisis.
By Alani Janeke, senior journalist at African Farming and Landbouweekblad
The Animal Diseases Act (Act 35 of 1984) dates from a time when farming looked significantly different from what it does today. Yet it is still the law in force for the management of animal diseases, since the Animal Health Act (Act 7 of 2002) has still not been implemented.
Dr Gideon Brückner, former director of animal health in the Department of Agriculture, told African Farming that although former president Thabo Mbeki signed this act as far back as 2002, it has still not been promulgated. He has, however, recently received feedback that work is being done to get this act implemented. It is not clear why the act has still not been brought into force.
In the meantime, the department must apply the 1984 act. The classification of FMD as a national disaster now gives the department the opportunity to amend legislation to manage the crisis while the disaster classification remains valid, says Jurgens Dyssel, chief director of policy, institutional development and compliance management at the National Disaster Management Centre.
He says the minister of agriculture does not himself have the authority to change existing legislation when it becomes problematic. As during the lockdown period of the Covid pandemic, the disaster classification now enables the department to amend legislation more easily in order to manage the crisis more effectively.
“These changes will apply only for the period during which the disaster classification is in place.”
On the radio programme Monitor on RSG on 16 February it was reported that Minister of Agriculture John Steenhuisen had said the department was working on amending existing legislation within the disaster period. These changes will, among other things, focus on regulations for abattoirs. Another provision that is causing major problems is that infected farms can be placed under quarantine for up to a year, which can completely cripple a farming operation.
Stakeholders in the industry believe this regulation leads to many cases not being reported to the government.
Also read: FMD a national disaster, but vaccines must be centrally controlled – Ramaphosa
Next Steps Now Need to Be Indicated
Dyssel says a department or state institution applies for a disaster to be classified when the resources and capacity to deal with it are insufficient. The relevant applicants must be able to prove what they have already done before a disaster can be classified.
“We consult very widely with a sector and the stakeholders before a disaster is classified.”
The Department of Agriculture will now have to determine and indicate the next steps for dealing with the crisis, he says.
With the classification of FMD as a national disaster, the focus is on the various spheres of government making resources and capacity available to assist in the crisis. There should not be an expectation that millions of rand will suddenly flow from the state to address the problem, Dyssel says.
Coordination and management of the FMD crisis – under Section 23 of the Disaster Management Act (Act 57 of 2002) – will be the primary responsibility of the national executive authority. An appeal is made to all state institutions across the three spheres of government to further strengthen their support for existing structures, to activate their contingency plans, and to ensure that appropriate measures are put in place to enable the national executive authority to deal effectively with this national disaster.
Also read: FMD | Vaccine shipment expected by Friday
Rates Rebate for uMngeni Farmers
One of the state institutions that has responded to the classification of FMD as a national disaster is the uMngeni Local Municipality in KwaZulu-Natal, which has introduced a rates rebate for affected farmers who are landowners. Those who believe they qualify for the rebate are encouraged to apply by completing this form, which is available on the municipal website.
Classification of a Disaster vs Declaration of a State of Disaster
The classification of a national disaster (as in the case of FMD) and the declaration of a national state of disaster are two distinct actions. Click here to view a comparative table – prepared by the Chief Directorate: Policy, Institutional Development and Compliance Management – that sets out the differences between the two.
Also read: SAHPRA fast-tracks critical FMD vaccines to protect livestock
