Rights organisation worried about Bill

THE proposed Weather Bill has raised many concerns about the monopoly the Bill might bring about, from AfriForum and the DA.

“If left as is, the Weather Bill will create a monopoly regarding weather services in the country,” said Julius Kleynhans, Head of Environmental Affairs at AfriForum.

Although the Weather Bill was debated in 2012, and amendments have been made, the civil rights organisation and the DA are still unsatisfied with the exclusivity given to the South African Weather Service.

“There are various weather broadcasters in South Africa and around the world. There are also several amateur radio entities in the country which will be left in the cold if this Bill is enforced,” Kleynhans added.

The DA’s member of parliament, Francois Rodgers, deputy shadow minister for water and environment, said this Bill will certainly remove any and all private entities and individuals who perform the same task as SA Weather Services.

“The end result will be job losses and business closures in an economic environment where government should be creating a climate for job creation, not limiting them,” Rodgers added.

“The Bill will literally shut down all independent ambient air quality forecasts and warnings. To enforce independent weather service providers, to obtain written approval from South African Weather Service before statements are released, is ridiculous and just not practical,” he said.

Rodgers also said severe weather conditions do not wait for government bureaucracy, “Weather is a real time phenomenon. Many independent operators and non-profit organisations play a positive and constructive role in reporting weather and pollution conditions and imminent challenges and dangers. These amendments pose a direct threat to society!”

The Bill proposes limitations of liability, whereby SA Weather Services cannot be held liable for any damage, loss or injury caused by any act in good faith.

Implications of the Weather Bill

IN terms of Section 30(A) of the Weather Bill, people can be fined millions if they send out warnings about extreme weather conditions or air pollution.

A fine of up to R10-million or 10 years in jail may be issued for such an offence.

“AfriForum agrees that those who negligently, and purposefully, foster a sense of panic in communities may be threatened with legal action. The Weather Bill as it is formulated now, however, will cause several job losses, increase the risk that communities will remain uninformed of extreme weather conditions and create a new source of income for the South African Weather Services through legal action,” he added.

DA’s concerns

FURTHER concerns of the DA in the proposed Bill are:

· The Bill should clearly define the number of air quality stations; currently South Africa only has 42 such stations. This includes maintenance to ensure quality of metrological data.

· The Bill is silent on trans boundary air pollution.

· The method of issuing forecasts and warnings should be set out in the Bill.

· Norms and standards, that SA Weather Service must perform by, should be set in the Bill; it should not be for the minister to decide.

· The South African Air Quality Information System and National Ambient Air Quality Monitoring Network should report to Parliament and not be accountable to the minister.

· The Bill holds that ‘no person may’ publish a severe weather warning that may incite a public reaction of alarm. The use of the word “no person” would thus include SA Weather Service.

· There is no clear definition given for ‘severe weather’ warnings.

AfriForum opposes sections of Bill

AfriForum opposes certain sections of the SA Weather Service Bill, 2013 because:

· The Bill may pose a threat to the safety of South African citizens.

· The Bill unjustifiably violates South Africans’ rights to freedom of expression and access to information.

· The Bill creates a monopoly by nationalising the weather, which may have a detrimental effect on similar business ventures.

· The responsible party does not accept liability for negligence.

· The negative practical effect the Bill might have on communities.

The Bill will be debated in Parliament in August.