Legal and policy perspectives on public participation and disaster risk management in South African cities

Abstract

Background: South Africa faces rising challenges from the environmental impacts of climate change and urbanisation, making disaster risk management (DRM) and disaster risk reduction (DRR) crucial legal and policy imperatives. Prioritising DRR to build resilient communities, South Africa confronts key risk drivers such as weak local governance and insufficient stakeholder participation in planning and urban management.

Aim: This study aims to provide constitutional and legislative insight into public participation in advancing DRM within South African cities.

Methods: This study employs a doctrinal methodology to analyse legal sources and interpret legal issues, complemented by qualitative methods such as desktop research and secondary data analysis.

Results: Findings highlight public participation as central to South Africa’s DRM, mandated by the Constitution (1996). The Disaster Management Act (DMA) 57 of 2002 enforces consultation, while the National Disaster Management Framework (NDMF) of 2023 (updated 2023) enhances engagement. Courts have also upheld public participation in DRM.

Conclusion: The study concludes that while South African legislation and policies aimed at enhancing DRM through public participation align with international standards, strengthening the implementation is critical to improving their overall effectiveness.

Contribution: This study provides valuable insights into the role of public participation in South Africa’s DRM and also contributes to the broader understanding of how legal and policy frameworks can be optimised to support sustainable development.