The problem with the Weather Bill
South African citizens could face penalties of up to ten years in prison, or a R10 million fine, for issuing any information that may be construed as a "severe weather or pollution-related warning" without written permission from the Weather Service.
This amendment, among others, is contained in a bill before Parliament that seeks to amend the South African Weather Service (SAWS) Act. Admittedly unauthorised weather warnings were made illegal in the original act, but the attempts now to make them punishable may have sinister motives.
The amendment bill also contains other offenses, including making it an offense for any person to supply false or misleading information about the SAWS and an offense to intentionally or negligently commit any act or omission which detrimentally affects or is likely to detrimentally affect the organisation.
These proposed amendments are draconian, and can be construed as an attempt by the Minister of Water and Environmental Affairs, the sponsor of the bill, to establish and protect an unfair monopoly on services offered by the SAWS, some of which are commercial services.
The bill, if passed in its current form, will have various undesirable consequences, and will make South Africans less safe. The bill, for example, does not contain a definition of a “severe weather event”. But we do know from climate change scientists that “extreme” weather events such as floods and tornados are likely to increase in frequency in the future. So, the need for warning systems to protect people and property is important. But the nature of such weather events, whether one calls them severe or extreme, is that they strike quickly. They can also be highly localised, that is, striking in a small area. There is no reason to believe that the SAWS, with its limited ability to measure and observe weather changes all around South Africa in real time, can respond quickly to all severe weather events, offering affected people sufficient warning. The prospect of a citizen who, for example, observes that a tornado is about to strike a settlement and wishes to issue a warning, actually receiving written permission in time from the clumsy bureaucracy that is SAWS, is highly unlikely, if not impossible. Thus the bill will make criminals of civic-minded people and organisations who offer warnings to their fellow citizens, as they will be unlikely even to seek permission to sound the warning. The proposed amendment is simply stupid law.
The Department of Environmental argues that hoax warnings over the last several years have caused panic among affected citizens, and that the amendment bill is an honest attempt to stop this. There is nothing wrong with the warnings of the SAWS being the only warnings that can be regarded as official, but the consequences of the clauses of the amendment bill are far reaching, some perhaps unintended, but some, which as I noted above, could be more sinister.
There are many informal networks of citizens around our country that observe weather changes, and offer commentary or advice on what they see or measure. They offer useful services that supplement the work of the SAWS. Many users of weather data might even regard them as more useful than the SAWS.
The official SAWS website (designed and implemented at a cost of R3.7m) does not serve all users needs. The frustrations of users of the SAWS site are regularly expressed on blogs on the internet.
The problems with the SAWS site forces many people who depend on accurate weather forecasts to use other sites, blogs and twitter feeds as their source of weather information. They choose to do so because there are many sources outside the SAWS that are more accurate and helpful for certain data.
A number of local operators provide excellent weather services for customers with specialised needs. For instance, crucial fire danger rating data may be available only from highly localised sources. Farmers need this information at the drop of a hat; it is therefore wrong that these sources may be in danger of breaking the law if they provide the information without permission. That local operators may have commercial interests in providing such services will now be deemed illegal, thanks to the monopolising effects of the bill.
Many independent organisations utilise the freely available international Noaa GFS system to make their forecasts, including severe weather warnings. The amendment bill as it stands would criminalise anyone disseminating this information without permission from the SAWS.
Many independent weather forecasters package and interpret the information for clients with unique needs, needs which often are not serviced by the SAWS website’s offerings anyway. So the SAWS want to make it difficult for others to offer services that they do not even offer.
It is no secret that since the formation of the SAWS, just under a decade ago, the entity has struggled to generate increased income from the commercial services it offers. It now turns to Parliament to give it a monopoly over these services. The Bill also gives courts the power to assess whether any person convicted of one the new offenses gained a material advantage from doing so, and if so, courts may order the award of damages or compensation. Perhaps the SAWS sees this as a potential new income stream for itself.
If implemented, the amendment bill would offer SAWS no incentive to innovate and deliver attractive new products. If the SAWS wants to succeed in a fast-paced economy, where improved communication is empowering more citizens every day, then it must develop the ability to adapt and must display its worth. The proposed Bill will crush creativity and innovation for these other networks of people that offer services in the weather field, and without the competition, the SAWS will become moribund.
The prohibition on making pollution-related warnings without official consent is also absurd. 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 prevent exposure. Why should they seek permission from the SAWS to make a warning? What if the SAWS 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?
The Department appears perplexed by the public outcry and claims it has all citizens’ best interest at heart. But the fact remains that the proposals contained in the Bill, whatever the motivation of the Department, will have a range of negative consequences.
Not only will it force some sources of weather information to go out of business, thus limiting consumer choice, but it will make it difficult for independent forecasters to issue a genuine severe weather warning. This will put the lives of citizens at risk.
Specialised weather services that provide accurate forecasts should be encouraged, not punished. They are very often more accurate than the SAWS itself. The DA will work to remove or amend the offending clauses from the Bill.
by Gareth Morgan MP, DA Shadow Minister of Water and Environmental Affairs









