Presentation to the Parliamentary Portfolio Committee on Water and Environmental

Affairs, 23 January 2012, Parliament, Cape Town

Presentation OverviewBackground and Introduction

The need for an amendment to the SAWS ActThe Bill development processPublic comments

The Bill’s main focus areasRemoval of transition provisionsAir Quality Information ManagementUpdates and gap-filling

Current concerns – Enforcement of existing severe weather warning provisions and related

Conclusions

Background and Introduction – The need for an amendment to the SAWS Act

Developments of relevance to the South African Weather Service Act, 2001 (Act No. 8 of 2001) – The National Environmental Management: Air

Quality Act, 2004 (Act No. 39 of 2004), its 2007 National Framework and the South African Air Quality Information System (SAAQIS) Although SAAQIS hosted by SAWS, arrangement is only

formalised through a very broad Memorandum of Agreement

Just under 10 years of SAWS Act implementation experience Contains outdated transition provisions Contains outdated governance provisions Lacks teeth

Background and Introduction - The Bill development process

Initial review commenced in July 2009 and a technical discussion document compiled and circulated in October 2009

Legal drafters briefed in February 2010 and initial draft Amendment Bill presented to DEA in May 2010

Bill development process put on hold pending, among others, the finalisation of the SAAQIS Business Case

Bill development resumed in early 2011Presentation to Cabinet Cluster for the Economic

Sectors and Employment and for Infrastructure Development (ESEID) on 6 April, Cabinet Committee for ESEID on 13 April and Cabinet Decision (public comment) on 29 April 2011:

Background and Introduction - The Bill development process (Cont.)

Published for public comment in May 2011

Addressed SAWS and South African Environmental Observation Network comments and consultation with National Treasury in June 2011

Final draft presented to Cabinet Committee for ESEID on 31 August 2011, with a Cabinet Decision (Tabling in Parliament) on 7 September 2011

Revised Bill introduced in the National Assembly and explanatory summary of the Bill published in September 2011

Background and Introduction - Public comments

Only two sets of comments were received during the 30 day public comment period in may-June 2011 – SAWS itself on technical issues around the

appointment of the Chief Financial Officer (CFO) to serve as a member of the Board and request for clarity on who should be the accounting officer in terms of the Public Finance Management Act, 1999

South African Environmental Observation Network (SAEON) proposing, in the main, free and open access to the National Climatological Databank (NCD) and air quality information

The Objectives of the SAWS Amendment Bill

The South African Weather Service Amendment Bill, 2011 seeks to amend the South African Weather Service Act, 2001 (Act No. 8 of 2001) by –removing redundant provisionsproviding for the additional functions of SAWS

pertaining to – the rendering of air quality information services being the custodian of the South African Air Quality

Information System and the National Air Quality Monitoring Network

the operation of the national air quality monitoring network.

addressing administrative challenges experienced with governance issues and including an offences and penalties provision

Air Quality Information Management

In order to meet the information requirements for good air quality governance and ensure full compliance with the Air Quality Act, DEA in partnership with SAWS have been developing the South African Air Quality Information System and its National Ambient Air Quality Monitoring Network.

In this regard, the only formal agreement between the Department and South African Weather Service is a very broad Memorandum of Agreement.

Air Quality Information Management (Cont.)

The DEA and SAWS agreed that the South African Weather Service Act, 2001 must be amended to provide the SAWS with a legal mandate to implement these systems efficiently and effectively.

Therefore, most of the proposed amendments deal with the ambient air quality information service function.

Consequently, the proposed amendments provide SAWS with a legal mandate to perform the ambient air quality information service.

The BoardThe Bill is amended to ensure that the needs

of the air quality management stakeholders are taken into account when Board members are appointed.

The remuneration of Board Members are approved by the Minister.

To align with the Public Finance Management Act, the Bill provides for the Board to be the accounting authority.

Provision is made to limit the liability of SAWS under certain circumstances.

Chief Executive OfficerThe new provision prescribes the procedure

for the appointment of the Chief Executive Officer (CEO), the term of appointment and the responsibilities.

The provision compels the Board to enter into an annual performance agreement with the CEO.

The provision sets out the grounds for termination of service and the appointment of an acting CEO

Offences and PenaltiesS3(3) of the Act stipulates that only SAWS

may issue severe weather-related warning over south Africa in order to have a single authoritative voice in this regard.

Above provision was not enforceable.

Provision is now made in the Bill to make the issue of severe weather or air pollution -related warning without the necessary written permission of SAWS an offence.

SchedulesThe Schedules are amended to make

provision for the additional public good services and the commercial services relating to –the South African Air Quality Information

System the National Air Quality Management Network

Organisational and personnel implications

The Amendment Bill does not create new structures within the Department, but is transferring the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network function to the SAWS.

Accordingly, in terms of the Memorandum of Agreement, a new Air Quality Information Unit has been established at the SAWS to implement the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network function.

Financial ImplicationsThe Department’s budget for the SAWS will

increase to include additional funds for the implementation of the proposed amendments relating to the SAAQIS and the National Ambient Air Quality Monitoring Network function

In this regard, a Business Case Study was undertaken to assess and analyse the financial implications for the SAWS in the implementation of the SAAQIS and the National Ambient Air Quality Monitoring Network function

Current ConcernsExisting Section 4(3) provision –

“Only the Weather Service may issue severe weather-related warnings over South Africa in order to ensure that there is a single authoritative voice in this regard.”

Considering the importance of a credible severe weather warning system and how false, misleading and/or hoax warnings effectively undermine credibility and offence and penalty has been proposed – “No person may… issue a severe weather or air

pollution-related warning without the necessary written permission from the Weather Service”

Current concerns (Cont.)The associated proposed penalties are similar

to those contained in all current environmental legislation – “A person who contravenes any provisions of

subsection (1), is guilty of an offence and is liable, in the case of a first conviction, to a fine not exceeding five million rand or imprisonment for a period not exceeding five years, and in the case of a second or subsequent conviction, to a fine not exceeding ten million rand or imprisonment for a period not exceeding 10 years, or in both instances to both such fine and such imprisonment, respectively.”

ConclusionsFollowing the very low level of public interest

in this proposed amendment, it is extremely gratifying to note this new level of interest

There appears to be some merit in respect of the concerns

We hope that the Portfolio Committee will provide the department with an opportunity to submit proposals on how the current concerns could be addressed without compromising the good intentions of the amendments.

THANK YOU FOR YOUR KIND ATTENTION

Forward to a sustainable

future

THANK YOU FOR YOUR

KIND ATTENTION