CONSULTATION with PROVINCIAL Aqos FORUMS

SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2013 COMMENTS AND RESPONSE REPORT

Circulation Internal Document Compiled Directorate: Law Reform : by: Revision 0.1 Reference Comments and Response Report No: No.: COMMENTS AND RESPONSE REPORT STAKEHOLDER COMMENT SUGGESTION DEA RESPONSE ACTION TAKEN CLAUSE 1(b) – “advisory services” KOBUS BOTHA WEATHER “Advisory services”- The current Proposal not (PTY) LTD – Mr Kobus this wording is very definition of accepted. Botha confusing and should be “advisory services” reworded. does not include ambient air quality advices by the Weather Service. The intention of the Bill, amongst others, is to provide the Weather Service with a legal mandate as custodian of the SAAQIS and from

1 time to time the Weather Service will provide ambient air quality information and advices to the public. Accordingly, the definition of “advisory services” is revised to insert references to ambient air quality information. CLAUSE 1(c) – “Ambient air quality forecast” CHEMICAL AND ALLIED “ambient air quality “ambient air quality Comment noted. Proposal accepted. INDUSTRIES forecast” means a forecast” means a ASSOCIATION prediction or estimation prediction or estimation of of ambient air quality at ambient air quality at some time in the future some time in the future for using recognised air a specific area, using quality forecasting recognised air quality techniques or forecasting techniques or methodologies; methodologies;

Ambient air quality forecasts can only be given for specified areas. NEW DEFINITION - “Ambient air quality information” CHEMICAL AND ALLIED Insert a definition for “ ambient air quality Ambient air quality Proposal accepted INDUSTRIES “ambient air quality information” means information is in with adjustments. See ASSOCIATION information” so that it is information- most cases collected below:

2 clear what is being (i) regarding ambient air by government referred to. quality generated by the owned ambient air “ ambient air quality competent authorities in monitoring stations information” means terms of NEM: AQA and (National Ambient information- this Act and/or; Air Quality (i) regarding ambient Monitoring (ii) disclosed by private air quality generated Network). These entities to the competent by the NAAQMN in monitoring stations authority in terms of terms of NEM: AQA across the Republic license conditions, only if and this Act or; protected by a feed into the South (ii) regarding ambient memorandum of African Air Quality air quality generated understanding;” Information System. by a private entity ambient monitoring In some cases, the station that feeds into Department has the SAAQIS in terms Memorandum of of a memorandum of Agreement with understanding;” private companies to provide ambient air quality information to the SAAQIS. Therefore, any proposed definition should capture the above. CLAUSE 1(g) - NAAQMN CHEMICAL AND ALLIED “NAAQMN” means the “NAAQMN” means the Comment noted. Proposal accepted. INDUSTRIES National Ambient Air National Ambient Air ASSOCIATION Quality Monitoring Quality Monitoring Network that provides Network that provides ambient air quality ambient air quality

3 information to the information to the SAAQIS SAAQIS; and consists of a network of government-owned automatic air quality This network is not monitoring stations provided for in NEM: AQA located around the or the National country; Framework for Air Quality Management in the Republic of South Africa 2012. Ambient Air Quality monitoring is provided for in the NAQF2012 under 5.2.1.2 which requires norms and standards to be adopted, which is provided for by NEM: AQA Section 8. The NAQF2012 includes a list of items which will be included in the norms and standards – this list does not include who should provide the information. The explanation given in 2.4 below should be included in the definition as it is not included in other legislation. CLAUSE 3 – Functions of Weather Service

4 ESKOM HOLDING SOC We propose that you Comment noted. No amendments. LIMITED insert the following role for SAWS must assess the SAWS between aB aC: capacity to “deploy sufficient number undertake additional and increase the density tasks. of distribution of global climate observation stations, improve the predictability over the region of the global numerical weather prediction models and improve the predictability of forecasts produced for the region” CLAUSE 4: Minister’s supervisory powers CHEMICAL AND ALLIED 4 (1) (a) must monitor the Comment noted. Proposal accepted. INDUSTRIES (a) Grammatical changes exercising of powers and ASSOCIATION proposed for clarity. The performance of functions entirety of (a) should be of the Weather Service; replaced.

(b) Grammatical changes Comment noted. Proposal accepted. proposed for clarity. The (b) may set norms and entirety of (b) should be standards for the Weather replaced. Service to perform its functions; and (c) If the Minister is Comment noted. Proposal not required to give Policy development accepted. directives it is assumed (c) These changes should for SAWS is that there is no provision

5 for the required actions be Gazetted for public exclusively within at that time, which in comment. the domain of the turn means that changes Executive. However are required to policies, the draft policy will planning, strategies be published in the and/or procedures. Gazette before These changes should be implementation. Gazetted for public comment.

Proposal not 4(2) accepted. Grammatical changes The Weather Service must The Minister may proposed for clarity. The exercise its powers and set norms and entirety should be perform its functions standards but not replaced. subject to any norms, norms or standards. standards and directives issued by the Minister in terms of subsection (1). CLAUSE 5: Board of Weather Services and its composition CHEMICAL AND ALLIED 5 (iA) air quality (iA) ambient air quality Ambient is a Proposal not INDUSTRIES management management subsector of the accepted. ASSOCIATION broader air quality management sector. This should refer to ambient air quality only. CLAUSE 6: Staff and conditions of service CHEMICAL AND ALLIED If secondment is (1) The Chief Comment noted. Proposal accepted. INDUSTRIES removed from 6(1), Executive Officer ASSOCIATION which is supported, all may, on such references to it should terms and

6 be deleted. conditions of service as may be determined by the Board, appoint s u ch number of employees to the Weather Service as are necessary, to enable the Weather Service to exercise its powers and perform its functions.".

Delete 6(3) in its entirety by inserting the following in the text; “ 6A Section 14 of the Principal Act is hereby amended by the deletion of subsection (3).”

ADDITION OF NEW SUBSECTION SECTION (4) UNDER SECTION 26 – INTELLECTUAL PROPERTY RIGHTS CHEMICAL AND ALLIED An insertion should be 8A. The following section is Comment noted. Suggested wording by INDUSTRIES included after hereby inserted in the However, the the Department: ASSOCIATION amendment 8. principal Act after section Department “ Any person retains 26(3): proposes a revised the intellectual (4) Data that the Weather text contained property rights on raw Service has not collected herein. ambient air quality itself remains the property data generated by

7 of the collector of that such person.”. data, even if the provision of such data is required by statute. The use of such eternally sourced data is governed by the objectives of this Act and the NEM: AQA. CLAUSE 9 – Limitation of liability CHEMICAL AND ALLIED This insertion is not Delete this insertion and The limitation of Proposal not INDUSTRIES supported. The existing the existing 27 of the liability is subject to accepted. ASSOCIATION Section 27 should also principal Act. certain conditions be removed. The SAWS therefore it is not has a responsibility to unrestricted. ensure that the work Accordingly, an act conducted by them is or omission in bath sound. It is accepted that faith is not covered. modelling activities are subject to variance and assumptions, but this should not be a reason for such a broad limitation of liability, as well as the addition of this further section 27A. KOBUS BOTHA WEATHER Limitation of liability The limitation of Proposal not (PTY) LTD – Mr Kobus liability is subject to accepted. Botha certain conditions The proposal below therefore it is not should be applicable for unrestricted. all workers of the SAWS- Accordingly, an act or applicable staff.

8 or omission in bath faith is not covered. AFRIFORUM – Mr Julius Section 27A, dealing with The limitation of Proposal not Kleynhans the limitation of liability, liability is subject to accepted. mentions that neither certain conditions the Weather Service nor therefore it is not any other person acting unrestricted. on behalf of the Weather Accordingly, an act Service is liable for any or omission in bath damage, or loss or injury faith is not covered. caused by the exercise Such a standard will of any power or the ensure that the performance of any duty Weather Service under this Act, or the exercises its failure to exercise any responsibilities power or perform any diligently. function or duty assigned by or under this Act.

This really means avoiding accountability insofar as the SA Weather Service would not be held accountable for either negligence or bad management. The implication of this clause is that the South African Weather Service could not be held liable even if it fails to do its job properly. However, in the

9 event of a man-made environmental disaster, such as pollution or an environmental hazard, AfriForum assumes the body responsible for the problem would be held liable, even to the extent of being held responsible for losses or damage to the surrounding environment, and even if such damage could be attributed to the SA Weather Service not fulfilling its responsibility. It is, therefore, advisable that those bodies and organisations which carry big risk and work with hazardous substances, should have the authority to carry out precautions and actions to avoid hazardous effects it might pose on civil society, the environment and on their members through their own warning systems and environmental, health

10 and safety management strategies. CLAUSE 10 – Offences and penalties CHEMICAL AND ALLIED 30A(1)(a)(ii) - Insert 30A. (1)(a)(ii) that it may Comment noted. Proposal not INDUSTRIES “undue” between incite incite undue public accepted. ASSOCIATION and public. reaction and may lead to The latter “or” should be the undue mobilisation of deleted. resources, public alarm, evacuations and/or economic loss; EARTHLIFE AFRICA I totally approve of The intention of No amendment. JOHANNESBURG - Ms increased Air Quality clause 10 is to Judith Taylor monitoring as any would provide punish any assist, especially if person that issue appropriate and hoax severe immediate action is weather warnings taken. Polluters have to resulting in fruitless be held accountable, fine expenditure by the and made remediate. State. Severe However, some of the weather warnings changes are still are a serious matter paranoid. If people that may result in predict weather events the loss of life or that do not occur, they economic loss if and not SAWS will be left abused. with egg on their faces. Why overburden SAPS with further problems?

Pretending to be SAWS representative when this

11 is not so, this is prosecutable under fraud and does not require additional legislation. Please keep it simple.

HAMNET EMERGENCY When the initial Bill was We should rather look at The intention of Proposal not COMMUCATIONS – Mr introduced some time ways to work together clause 10 is to deal accepted. Francios Botha back, HAMNET, the instead of creating a with hoax severe Emergency monopoly. weather warnings, communications Division and not to restrict of the South African the dissemination or Radio League, a legally distribution of appointed organisation credible weather sanctioned by ICASA, warnings. objected at a Parliamentary hearing in February of 2012 that we are being deprived of Clause 10 has doing a service to our substantially members and also to the changed to the public in general. initial Bill. The public comments informed the changes to At that hearing, we clause 10. explained that we obtain our information from various sources, In addition, including the South Schedules 1 and 2 African Weather Service to the Act lists the as well as various weather related International Websites. information that is public good service

12 (meaning is HAMNET and SAWDOS, available free of the ‘South African charge from the Weather & Disaster Weather Service) as Observation Service’, well as the weather advise the public of related information imminent poor or bad that is commercial weather so the public service. can take necessary precautions.

These are but two of many volunteer groups who serve the community by advising them of information gained from various sources to prepare themselves against severe imminent cold fronts, bad weather, severe rain conditions and snow.

This Bill has in no way altered the clause that prevents us from performing such duties to the benefit of the public in general.

13 As the wording in section 30A stands right now, we are still liable to be prosecuted for advising our members and the general public of imminent bad weather – which in many cases, was obtained from the South African Weather Service.

HAMNET provides a service to anyone who needs an alternative means of radio communication during or after disasters – particularly Disaster Risk Management around the country as well as any other NGO who find their communications systems inadequate.

Most of the disasters around South Africa over the years are weather related as highlighted in my earlier presentation.

14 Our interest in weather patterns is therefore critical to our operations – both in summer (rain and flooding) and in winter (snow).

There are currently many excellent International websites available including the South African Weather Service but the SAWS is cutting back on providing information unless you are prepared to pay for it. This we also object to as we are a voluntary organisation funded only by donations and operating not for profit.

As a rule we obtain information on the weather from the SAWS. However, with such excellent sites available from international sources on the internet, including amateur radio

15 operators, we always use them as a reference to ensure accuracy.

To disallow us the right to serve our communities in respect of adverse weather conditions would be a tragedy. Our sources are well established, researched and impeccable. Our conduct in relaying these warnings has been impeccable.

We feel we have the right to source information from other sites to confirm that what is available on the SAWS site is correct. To close down these sites or to disallow access would be tantamount to creating a monopoly which is neither in the interest of our communities nor the country in general.

16 We note that there does exist the problem of hoax messages, exaggerated messages and the semantics around certain phrases related to ‘severe weather warnings’ but to curtail, contain or destroy a good network already in operation, would be a tragedy. Preventing legitimate dissemination of information because of the possibility of hoaxes is the proverbial “throwing out of the baby with the bath water”. KOBUS BOTHA WEATHER The new proposed bill “If this information is done The intention of Proposal not (PTY) LTD – Mr Kobus fails in many of the intentionally to mislead clause 10 is to deal accepted. Botha aspects of these very people, it could and would with hoax severe important principles (not be regarded as an weather warnings, only by the WMO alone, offence” and not to restrict but accepted by all the dissemination or international distribution of organizations known). Wrong information- credible weather everything possible should warnings. be done to avoid wrong The proposed wording of information- continued this proposed Bill is wrong information- without mostly in contradiction good reasons- could be

17 of the aims of the Bill regarded as an offence. and that of the WMO. Co-operation (as pointed Agree 100% with the out by the WMO) is principle of (keywords therefore suggested rather highlighted): than opposition.

“publish……. severe weather…. false or misleading…”. MR STEVEN WEISS Regarding the changes, I The intention of Proposal not object to the clause 10 is to deal accepted. criminalization in the act with hoax severe for the following reasons: weather warnings, 1. and not to restrict the dissemination or The Weather service has distribution of both public good service credible weather and commercial arms. warnings. By introducing criminalization to the In addition, act, this will make the Schedules 1 and 2 commercial arm anti- to the Act lists the competitive and weather related effectively a monopoly. It information that is would be very difficult public good service for other commercial (meaning is entities to compete since available free of any potential customer charge from the will be scared off by the Weather Service) as threat of criminal action well as the weather and would unwilling to related information

18 enter into any that is commercial commercial activities service. Weather than any entity other related information than the weather that is freely service. available for the Weather Service (Public good service) 2. can still be For similar reason as in requested from the point 1, the Weather Weather Service at Service commercial arm no cost to the can use the act to secure public. However, potential commercial packaged opportunities by way of information for threat to commercial commercial partners that they may purposes may be face prosecution should bought from the they use any other Weather Service at commercial weather a cost. service other than the Weather Service. The South African Weather Service 3. Act, 2001 (Act No. 8 The act limits liability by of 2001) is only the weather service but applicable within the the same does not jurisdiction of the extend to other Republic of South reputable commercial Africa. services. Weather modelling and Clause 10 has forecasting is not an substantially exact science and as changed to clearly such by limiting liability

19 under this condition indicate the would not be fair to other offences, and these commercial services. changes were informed by the public comments 4. received during the The act cannot be public hearings. enforced beyond the borders of South Africa meaning that another commercial service based overseas would not be prosecutable.

5. Section 30A is still too vague in addressing what can be considered as a "severe weather warning" and furthermore it does not adequately detail a "hoax". I understood from the comments made by the minister at the last public hearing that in essence this is what the act was trying to address i.e. hoaxes. As such the draft should be amended to reflect such. The language limiting entities from

20 publishing, disseminating and distributing information needs to be removed. MR JOHAN TERBLANCHE I had a look at the latest The SAWS No amendment. [Founder of SAWDOS] SAWS Amendment Bill - Amendment Bill, 2013. 2013 has been revised to address most of the Firstly I am not sure that comments received the legislation drafter during the public and those responsible for hearings in the SAWS Amendment Parliament. For Bill - 2013 has learned example, the Bill anything from the now only focuses on previous bill and the ambient air quality events that followed that information without bill in parliament. any references to emissions Secondly no significant information; the changes have been main purpose of the made although certain Bill is to provide the pertinent proposals and Weather Service suggestions were made with a legal by the parliamentary mandate as the committee before the custodian of the withdrawal of the SAAQIS and clause previous amendment 10 on offences and bill. penalties is substantially It would appear that the revised. proposals and

21 suggestions by the parliamentary committee were ignored in the new amendment bill (2013).

Finally: I do not waste my valuable time to elaborate/comment on an unconstitutional and draconian bill. DR REBECCA GARLAND The revisions to the It is recommended that The intention of Proposal not “Offenses and Penalties” Section 30A is removed. clause 10 is to deal accepted. section in the with hoax severe amendment have weather warnings, improved this section and not to restrict from the last version, the dissemination or however there are still distribution of some concerns. It is still credible weather unclear why such a warnings. section is needed in the proposed amendment In addition, the Bill bill. intends to ensure that government This is of concern as it is resources that were not clear what “..ought supposed to be to have reasonably utilized where they known or suspected...” are needed are not entails. With forecasting diverted to deal with of weather, there is a hoax severe never a 100% certainty weather warning. that an event would

22 occur, thus what level of certainty is needed from a forecaster before they can forecast that severe weather is expected?

Also, it is not clear what “…undue mobilisation of resources…” may mean. AFRIFORUM – Mr Julius We agree that Section Subsection 30 A (2) & (5) The intention of Proposal not Kleynhans 30 (A) (1) (b) & (c) must must also apply to the SA clause 10 is to deal accepted. apply to false or Weather Service. with hoax severe misleading information weather warnings, that can cause panic. and not to restrict the dissemination or distribution of It must be investigated credible weather to see if negligence warnings. occurred in the case of a false broadcast. Those who cause panic on purpose may be prosecuted accordingly.

Climate change has been evident and scientists say that "extreme" weather events such as floods and tornados are likely to increase in frequency in the future. So, the need for warning

23 systems to protect people and property is very important.

Though we welcome the Air Quality monitoring by the Weather Services, they should not be the decision-makers in these processes. This is why the Department of Environmental Affairs and local Government have appointed “specialists” in the field.

The NGOs that work in highly polluted communities such as the South Durban basin, Secunda and Sasolburg perform excellent work monitoring pollution that supplements the work of the state. They also hold the state accountable for compliance action when pollution events from big polluters such as refineries occur, and warn affected people to take precautions to

24 prevent exposure.

What if the Weather Service colluded with a polluter to prevent a warning so that a polluter could escape liability? Granted, people or networks that make weather or pollution- related warnings could get their predictions wrong. But what if they are right and the effect of their warning is to save lives? ESKOM HOLDING SOC The weather alerts The intention of Proposal not LIMITED published, disseminated clause 10 is to deal accepted. or distributed inside an with hoax severe organization for the weather warnings, appropriate mobilization and not to restrict or organizational the dissemination or resources to respond to distribution of impact of severe credible weather weather on the warnings. organization’s objectives must be allowed in terms of the Act, and should not be an offence.

AGRI SA Agri SA proposes the The Department Define severe

25 following definitions to be does not agree with weather warning. included in the Bill so as to the proposal to provide substance and define See DEA revised clarity to the contents of “disseminate”, definition of “severe clause 30A: “distribute” and weather warning” “publish” because means any alert section 30A provide “disseminate” means to issued by the the context for circulate, spread or Weather Service with these words. dispose in any other way regard to severe whatsoever of any weather which information regarding a However, the includes advisory, severe weather warning, Department agrees watch or warning”. provided it is done for with the proposal to gain. define “severe weather warning”. “distribute” means to send out, deliver or disperse any information, or cause such information to be sent out, delivered or dispersed regarding a severe weather warning, provided it is done for gain.

“publish” means to make any information regarding a severe weather warning known to the public, or draws public attention to such information, on any public forum including but

26 not limited to the media and social media, provided it is done for gain.

“severe weather warning” means a weather forecast made either by a person, which is likely to cause a serious and widespread disruption or a threatening disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. AGRI SA Regarding clause 30A(1) The intention of No amendments. –The clause also allows a clause 10 is to deal court to summarily with hoax severe inquire into the damages weather warnings, it caused and order such and not to restrict a person to pay the dissemination or damages. Agri SA distribution of submits that this clause credible weather should apply only to warnings. persons providing

27 weather services for gain and not to individuals who merely discuss the weather with their neighbours. AGRI SA However, clause 27A Agri SA suggests that the The limitation of No amendments. exempts the SAWS or its SAWS or its employees liability is subject to employees from liability could possibly commit certain conditions for any loss or damaged such an act or omission in therefore it is not caused by an act or good faith but still ought to unrestricted. omission committed ‘in have reasonably known or Accordingly, an act good faith’ in the suspected it was false and or omission in bath exercise of its/their would incite public faith is not covered. statutory functions. reaction. In this scenario it would appear as if the SAWS is still subject to the same criminal sanction in In other words, if a terms of clause 30A as private person in good everyone else, but the faith warns someone SAWS will be exempt from else about a severe liability for any damage, storm or drought loss or injury caused by approaching, and he virtue of the provisions of should have reasonably clause 27A. known it was false, then that person can be convicted in terms of clause 30A and forced to pay compensation by virtue of the provisions contained in clauses s30A (3), (4) & (5). However, if an employee

28 of the SAWS does the same thing whilst acting within the scope of his employment, the SAWS cannot be held vicariously liable to pay the damages envisioned in clauses 30A (3), (4) & (5) by virtue of the exclusion of liability contained in clause 27A. Agri SA deems this double standard unreasonable as it unjustifiably favours the SAWS to the exclusion of private persons acting in good faith. AGRI SA Regarding Clause 30A Agri SA proposes that the It is the intention of No amendments. (3), (4) & (5) – Clause Bill provide guidance in the sub-clauses that 30A clearly envisages a this regard. Section 300 of in criminal criminal trial but sub- the Criminal Procedure Act proceedings, the clauses (3), (4) & (5) (Act 51 of 1977) permits a proof required will allows a presiding officer court in a similar manner be “beyond a to summarily enquire to grant an order for reasonable doubt”, into damage caused by damages within a criminal and in the civil the severe weather trial, but the Act is silent proceeding or warning and order the on the burden of proof enquiry the proof convicted person to pay required. Regard should required will be “on damages. Sub-clause (4) be had to court’s a balance of states “Upon proof of application of section 300 probability”. such amount,” is the of the Criminal Procedure

29 burden of proof required Act and provide for a that of beyond comparable procedure. reasonable doubt as required in a criminal trial? Or does the nature of the inquiry (despite the fact that it is a criminal trial) justify an inference that the liability and quantum of the damages must be proved on a balance of probabilities? AGRI SA Regarding clause 30A (5) In this light perhaps a The Constitution as Proposal not – the sub-clause provides proviso should be inserted the supreme law of accepted. that “the court which reads “provided that the land already convicting such person an accused shall not be protects individuals may summarily enquire compelled to answer against self into and assess the questions that may incrimination, and is monetary value of any implicate him or her in any always available to advantage gained…” In subsequent criminal individuals. To certain circumstances, proceedings”. provide for a proviso the court may ask the will be duplication of accused questions that the law. could expose him to further criminal charges such as fraud, forgery and uttering, and money laundering. Where the accused refuses to answer for fear of further prosecution he could be

30 charged with contempt of court in facie curiae. If clause 30A (5) is applied in this way it could unjustifiably limit the accused’s right not to be compelled to give self- incriminating evidence in terms of s35(3)(j) of the Constitution. AGRI SA Regarding Clause 30A Agri SA requests that the The Director of See revised sub- (6) – The clause states legislature provides clarity Public Prosecutions clause (2) in the Bill. that a Magistrate’s court as to which Magistrate’s will decide whether shall have jurisdiction to Courts will have the matter must be impose any penalty jurisdiction, Regional or prosecuted at a prescribed by this Bill. District Courts? In addition, Regional or District Does this refer to a we do not support the Magistrate Court. District or a Regional drastic extension of the Magistrate’s Court? In court’s jurisdictional either interpretation the competency and suggest penalties prescribed far that such a severe exceed the jurisdictional sentence should be competency for a District adjudicated by a High or Regional Court in Court. other matters. A District Court may not impose a sentence exceeding 3 years imprisonment or a R60 000 fine. In civil cases, a District Court may only grant a maximum award of R100

31 000. Regional Courts can impose 10 years imprisonment as prescribed in clause 30A (6) but they are ordinarily capped at a fine of up to R300 000, and may award only a maximum of R300 000 in civil cases in the absence of an agreement between the litigating parties. The penalties and awards provided for in this Bill is a drastic departure from the accepted legal norm. CLAUSE 11 – Schedule 1 – Public good services CHEMICAL AND ALLIED 11 (a) The conducting of The word Proposal not INDUSTRIES (a) The conducting of research focused on consistently used accepted. ASSOCIATION research focused on reducing the impact of and defined in the reducing the impact of weather-related natural Act is public good weather-related natural disasters and on improving services. disasters and on the quality of [the public improving the quality of good services] services for the public good services; the public good; and and

The current listing is (b) 17. Air quality (b) 17. Ambient air air quality related information quality information publications. management-related [management-]

32 publications related publications. Grammatical changes proposed for clarity.

The provision should only be for ambient air quality related publications. DR REBECCA GARLAND I also have comments on In order to clarify this, it is Schedule 1 which Proposal not the activities that are recommended that under lists all public good accepted. proposed to be amended Schedule 1 activities services includes to Schedule 1 and (public good activities) ambient air quality Schedule 2 to Act 8 of there is a clear statement data as collected 2011. of the provision of air through the SAAQIS quality, air pollution as well as air quality emissions and greenhouse related publications. Through this amendment gas data and information This information is it is clear that the South to the public and research or will be available African Weather Service as a public good. The at no cost to the (SAWS) will be the reason for this concern is public. custodian of all air the inclusion of points 12, quality monitoring data 13 and 15 in Schedule 2, through the national However, Schedule which may appear that monitoring network as 2 which lists SAWS will sell these data well as all air pollution commercial services (both air quality and and greenhouse gas allows the Weather meteorological) to the emission data. Service, just like any public and researchers. similar private company, to What in unclear is how develop specific freely available this packages or information will be to the

33 public and for products for the researchers. market. These packages will be available to the market at a cost. ESKOM HOLDING SOC Add to schedule 1 the Comment noted. No Amendment. LIMITED following role that will add SAWS must assess value to the SAWS: capacity to undertake additional tasks. “roll out the Flash Flood Guidance System across all of South Africa and prioritise extending it into neighbouring countries” as South Africa has neighbouring countries catchment basins in common with”. CLAUSE 12 – Schedule 2 – Commercial services DR REBECCA GARLAND I also have comments on In order to clarify this, it is Proposal not the activities that are recommended that under accepted. proposed to be amended Schedule 1 activities to Schedule 1 and (public good activities) Schedule 2 to Act 8 of there is a clear statement 2011. of the provision of air quality, air pollution emissions and greenhouse Through this amendment gas data and information it is clear that the South to the public and research African Weather Service as a public good. The (SAWS) will be the reason for this concern is

34 custodian of all air the inclusion of points 12, quality monitoring data 13 and 15 in Schedule 2, through the national which may appear that monitoring network as SAWS will sell these data well as all air pollution (both air quality and and greenhouse gas meteorological) to the emission data. public and researchers.

What in unclear is how freely available this information will be to the public and for researchers. ESKOM HOLDING SOC The Weather Service will Should there be any valid The ambient air Proposal not LIMITED be allowed the ‘selling of reason to sell information, data from Eskom accepted. ambient air quality or we propose that entities monitoring stations meteorological that contribute can be accessed information packages’. atmospheric detection and through the SAAQIS This information will air quality monitoring at no cost because either be collected with information to SAWS such information is tax payers’ money (in should be enabled to listed in Schedule 1 the case of the South access the database as public good African Weather without payment of fees services. Service’s weather stations) or collected by However, analyzed municipalities or and packaged companies. Eskom ambient air quality provides ambient air or meteorological quality data to the information is listed Weather Service through in Schedule 2 as SAAQIS. The Weather commercial Service should not be

35 permitted to sell Eskom’s services. air quality data, or indeed any data collected by other companies, municipalities, or paid for with tax payer’s money. GENERAL COMMENTS KOBUS BOTHA WEATHER (PTY) LTD – Mr Kobus Botha Research The division on research Suggestion: Comments noted. Comments noted. should be seriously However, the Bill is reworded and get your not changing any With extensive experience fully attention. The legal framework on in research, presenting proposed wording and research papers and publications, principles are not in programmes that both nationally and line with what is the Weather Service internationally, help is accepted is currently offered with the wording of internationally. And undertaking. this division. for sure not with the principles and policy of the WMO.

Research should be always regarded as extremely important and everything should be done to promote and to initiate it.

36 * Research is important because it produces new knowledge that is generalizable beyond the populations directly studied. Source: ask.com.

* Research must always be high quality in order to produce knowledge that is applicable outside of the research setting with implications that go beyond the group that has participated in the research. Source: uniteforsight.org.* CHEMICAL AND ALLIED INDUSTRIES’ ASSOCIATION General CAIA acknowledges the Comments noted. Comments noted. amendments which have been incorporated into the Explanatory Summary of the South African Weather Service Amendment Bill, 2013, to which these comments refer. CAIA notes that, following i) comments on the previous version were

37 given, and ii) communications with the Portfolio Committee on Water and Environment, several issues have been addressed in this newly published Amendment Bill. There are however a few remaining issues which we provide comment on below.

The current version of the South Africa Weather Services Amendment Bill is significantly improved from the previous version. With a few additional changes, which are presented in this submission, CAIA will be satisfied with the amendments to the Act. The words "data" and Comment noted. Review clauses 2 and "information" are not See clauses 2 and 3. 3 regarding interchangeable. The use references to data of "data" is preferred in and information contexts when submission of data is required. AFRIFORUM – Mr Julius Kleynhans

38 General AfriForum is opposed to The purpose of the No amendments. the bill for various Bill is to provide for reasons. These reasons the implementation include: of the South African Ambient Air Quality Information System  the threat it by the Weather poses to the Service. safety of South African citizens;  the unjustifiable Schedule 1 lists all violation of South public good services Africans’ rights to that the public can freedom of obtain at no cost. expression and This information access to includes, amongst information; others, ambient air data and weather  the monopoly the related data. Bill creates through nationalisation of The limitation of the weather may liability is subject to have a certain conditions detrimental therefore it is not effect on similar unrestricted. businesses Accordingly, an act ventures; or omission in bath faith is not covered.  the responsible Such a standard will party not ensure that the accepting liability Weather Service for negligence; exercises its  the negative responsibilities

39 practical effect diligently. the bill might have on communities. We are also of the The purpose of the No amendments. opinion that the bill Bill is to provide for amounts to an abuse of the implementation state power at the of the South African expense of South African Ambient Air Quality citizens. Information System by the Weather Service and to rectify certain corporate governance issues. Several weather The Bill does not No amendments. situations, including restrict sharing of cumulative weather related environmental disasters, information. could have even more However the Bill disastrous consequences addresses the should this legislation be problem posed by implemented. When the distribution of considering current hoax severe cumulative weather warnings. environmental disasters and the impact thereof across the globe, it is clear that the timing of evacuation is crucial for limiting and managing the impacts to avoid a

40 catastrophe. It seems as if the state is Schedule 1 lists all No amendments. attempting to limit public good services freedom of access to, that the public can and distribution of obtain at no cost. essential information This information through this bill. includes, amongst Environmental others, ambient air monitoring programmes data and weather and management related data. systems will not work efficiently or effectively if this bill is enacted. This bill is seriously contravening the Constitution of South Africa. There are various The intention of Bill No amendments. businesses and amateur is to deal with hoax local weather bodies that severe weather will be adversely warnings, and not to affected if their rights in restrict the broadcasting the dissemination or weather will be affected distribution of which should be avoided. credible weather warnings. ESKOM HOLDING SOC LIMITED General The South African Comment noted. Comment noted Weather Service (SAWS) should enter into data sharing and intellectual

41 cooperation agreements with identified academic and research institutions for joint research and product development for the sake of promoting South Africa’s innovation and competitiveness in the fields of science, technology, engineering and mathematics (STEM);and

The SAWS must take this mandate seriously and produce accurate predictions of the weather. Entities like Eskom rely of the SAWS predictions and if they are inaccurate, it will expose such entities to losses or damages. The accountability of the SAWS in respect of accurate predictions must be strengthened in the amendment bill.