Deputy Speaker
In times of extreme weather, accidents are bound to happen where negligence, a lack of maintenance, and non-compliance are the order of the day.
When disasters such as flooding have taken place, the ACDP has been heartened to see medical services being provided for those who lost essential medications as a result, and that the Department of Home Affairs stepped in to assist those who lost their identification documents. But more should be done to ensure that justice is done.
A preliminary investigation carried out by the Ministry of Water and Sanitation (DWS) ascertained that the dams that collapsed in the Western Cape were on Dassenberg Farm which used to be privately owned but was then sold in 2019 and is now presently owned by the Department of Agriculture, Land Reform and Rural Development (DALRRD).
The responsibility for the safety of these dams rests with that department which had a legal obligation to register the dams with 120 days of ownership. This was not done. This obligation extends to all other previous owners, who also failed to register the dams.
The DALRRD failed to conduct due diligence in ascertaining whether or not the five dams on the property were compliant with the National Water Act or whether the dams had been registered with the relevant authority. Additionally, the previous owners who constructed the dams were required to obtain a Dam Safety licence to build a dam before construction could commence. However, there is no record of any permit or licence having been issued by the DWS for these dams.
The ACDP calls on Government to ensure that dam safety standards are enforced. Government can learn from how other countries manage public reservoirs and dams on farms. In Australia, for example, the penalties for not complying with dam safety regulations can be very severe with the maximum penalties for corporations of nearly a million Australian dollars (about R12 million). Penalties for individuals can reach up to 257,000 Australian dollars (nearly R3 million).
These penalties are designed to ensure that dam owners take their responsibilities seriously and maintain the safety and integrity of their structures.
In Russia, following the Orsk Dam collapse, they enacted stricter regulations on dam safety and maintenance with new laws requiring more frequent inspections and the imposition of heavier penalties for non-compliance.
Following concerns in Romania, their government passed laws to increase funding for investments in dam infrastructure and training for emergency personnel. Poland increased its dam structure early-warning systems, and Austria proposed amendments to its disaster management.
The ACDP recommends that stiff penalties be imposed on dam owners who have not applied for the necessary approvals from relevant authorities.
Furthermore, Government should ensure that no-one can build a structure, such as a house, below dam level to mitigate the loss of lives and properties should a disaster occur.
