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Home Government So what is the difference between a state of disaster and
emergency 
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SO WHAT IS THE DIFFERENCE BETWEEN A STATE OF DISASTER AND EMERGENCY 

By
The Daily Vox Team
-
April 21, 2022
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For the past two years, South Africans have been hearing a lot about the state
of disaster. The president announced the country would be going into a state of
disaster to coincide with the lockdown. Most recently, another national state of
disaster was declared around the KwaZulu Natal floods. Then last year, there
were calls for a state of emergency to deal with the July Unrest. So what
exactly is this difference between the two?

FIRSTLY, WHO HAS THE POWER TO CALL FOR EITHER OF THESE? 

There are two acts which govern the state of emergency and disaster
respectively. These acts empower the president to make regulations and to
declare either of these states. However, each of the states have different rules
and regulations governing them. A state of emergency can only be declared when
there is a threat of South Africa’s life and existence. 

SO WHAT IS A NATIONAL STATE OF DISASTER? 

During the beginning of the pandemic as part of the government’s response to it,
the president declared the state of disaster. It was declared to manage and
mitigate the risks and fallout of the pandemic. As extraordinary measures were
needed to manage the pandemic, the government used the state of disaster to
enact these measures. Some of the measures include the hard lockdown, curfews,
mask wearing and limitations of gatherings. 

All the measures though are part of the procedures of what happens when the
declaration of a state of disaster takes place. Once the “disaster” occurs, the
national disaster management centre is responsible for classifying the event as
either a local, provincial or national disaster. In the case of the pandemic it
was a national disaster while the floods were provincial. 



The minister of cooperative governance and traditional affairs then issues
regulations or directions to deal with it. The declaration of the national state
of disaster usually ends after three months but can be extended. As was seen
with the pandemic, it was extended many times. The oversight for the state of
disaster lies with the courts and the national assembly as explained in the
constitution. 

AND WHAT IS A NATIONAL STATE OF EMERGENCY? 

On the other hand, a national state of emergency is done when there is a direct
threat to the country whether internally or externally. It is also governed by
requirements set out in the constitution. The state must be declared in terms of
an act of parliament and it must be necessary to restore peace and order. It can
be declared only when the life of the nation is threatened by war, invasion,
general insurrection, disorder, a natural disaster or other public emergency.
The president can declare the state for the entire country or parts of the
country by publishing a notice in the government gazette. 

During the state of emergency, the president has the power to make emergency
regulations that they deem necessary to restore peace and order. However, even
under the state of emergency with extraordinary circumstances, there are certain
rights which cannot be limited or infringed. This includes the right to life,
human dignity and the right to not be subjected to torture, slavery or forced
servitude. 


RELATED:

Neither State Of Emergency Or Death Penalty Are Solutions To GBV

While a state of disaster is valid for three months (until extended), the state
of emergency is only valid for 21 days. An extension will need to be voted on in
parliament by the national assembly with a 50-60% support.

WHAT LAW GOVERNS THESE STATES? 

The Disaster Management Act of 2002 provides for an integrated and coordinated
disaster management policy. This policy focuses on the prevention and reduction
of the risk of disasters. This act deals with the state of disaster. When the
president declares the state of disaster, the president must establish an
intergovernmental committee on disaster. It must consist of cabinet members,
MECs of each province and members of municipal councils. 

The State of Emergency Act of 1997 provides for the declaration of a state of
emergency. This act empowers the president to make regulations in pursuance of
any such declaration; and to provide for matters connected therewith. The
constitution provides that a state of emergency may be declared only in terms of
an act of parliament. It may only be declared when the life of the nation is
threatened by war, invasion, general insurrection, disorder, natural disaster or
other public emergency and the declaration is necessary to restore peace and
order. 

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