PROGRESS REPORT ON THE IMPLEMENTATION OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (SPLUMA) PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM 12 AUGUST 2015

2 Problem Statement Pre-1994 planning was designed to serve a different political idea – segregation, differentiation, and privilege; Multiple laws, multiple institutions and parallel processes instituted by the pre-1994 pieces of legislation; In 1994, South Africa inherited complex and disjointed planning systems which manifest in unequal, incoherent and inefficient settlement patterns; The Development Facilitation Act, 1995 (Act No. 67 of 1995) (the “DFA”) was the first post- apartheid legislation promulgated as an interim measure to deal with the apartheid spatial legacy. In June 2010, the Constitutional Court found Chapters 5 and 6 of the DFA to be invalid on grounds of unconstitutionality, hence the urgent need for national and provincial planning legislation.

3 On 18 June 2010, the Constitutional Court delivered judgment for the confirmation of an order made by the Supreme Court of Appeal, declaring Chapters V and VI of the Development Facilitation Act 67 of 1995 unconstitutional and thus invalid. The Court held that the powers to consider and approve applications for the rezoning of land and the establishment of townships are elements of “municipal planning”, an exclusive municipal function assigned to municipalities by section 156(1) of the Constitution read with Part B of Schedule 4. The SPLUMA responds to this judgment in its content It is National Framework Legislation for Spatial Planning and Land Use Management What Is Significant About SPLUMA

4 Strategic Intent of SPLUMA The SPLUMA and the Regulations bring about the following changes in spatial planning and land use management for the country: Economically - it will assist in the promotion of investment in land development and will establish sufficient certainty in the land market; Spatially - it will assist in addressing the segregated and unequal spatial patterns inherited from apartheid; Environmentally - it will assist to balance the country’s socio- economic needs with those of environmental conservation, and Socially - it will also assist in improving of infrastructure and service delivery initiatives.

5 Objects of SPLUMA [Section 3]  provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic;  ensure that the system of spatial planning and land use management promotes social and economic inclusion;  provide for development principles and norms and standards;  provide for the sustainable and efficient use of land;  provide for cooperative government and intergovernmental relations amongst the national, provincial and local spheres of government; and  redress the imbalances of the past and to ensure that there is equity in the application of spatial development planning and land use management systems. The Spatial Planning & Land Use Management Act, Act 16 of 2013 (SPLUMA) is a single piece of National Legislation for the ENTIRE country. Assented to on the 2 nd of August What Is SPLUMA?

6 what does SPLUMA entail ? A Framework for a Planning System for the country (sec 2[2]) Dev Principles (sec 7) Policies and Legislation (sec 6) Spatial Development Planning & Frameworks (Chapter 4) Land Use Management through Schemes (Chapter 5) Land Development Management (Chapter 6) other provisions (Chapter 7) other provisions (Chapter 7) what does SPLUMA entail?

7 the Act introduces provisions to cater for: † Development Principles; † Norms and Standards; † Inter-Governmental Support; † Spatial Development Frameworks (SDFs) across National, Provincial, Regional & Municipal scales; † Land Use Schemes; † Municipal Planning Tribunals; and † Applications affecting National Interests. Tools & Instruments

8 Principles of SPLUMA

9 †An SDF is a framework that seeks to guide overall spatial distribution of current and desirable land uses within a sphere/municipality in order to give effect to the development vision, goals and objectives. †The aims of SDF include to promote sustainable functional and integrated human settlements, maximise resource efficiency, and enhance regional identity and unique character of a place. † All the three spheres must now make SDFs; † SDF must give effect to National, Provincial or Municipal Planning; † Aligned to and consistent with the frameworks of other spheres; † Reviewable every 5 years or less; and, † Must involve public participation. Spatial Development Frameworks

10 Land Use Management Municipality is responsible for Land Use Management Primary instrument is the Land Use Scheme (LUS) Municipality must, after public consultation, prepare, adopt and implement a LUS within 5 years of the Act being put into operation LUS must be consistent with and give effect to Municipal SDF All land development applications must be determined within context of the LUS An approved and adopted LUS has the force of law and binds all owners and users of land

11 Land Use Scheme Each municipality must adopt a scheme A scheme must Have categories of land use zoning for entire municipal area, Take cognisance of any environmental management instruments Provisions that permit the incremental introduction of LUM in areas under – traditional leadership, – rural areas, – informal settlements, – other areas not previously subject to a land use scheme;

12 Land Development Management Land development applications are determined by Municipalities as the authority of first instance Municipalities are required to establish Municipal Planning Tribunals to discharge this function Municipalities may co-operate to establish Joint Municipal Planning Tribunals The Tribunals consist of municipal officials and suitably qualified external persons appointed by Municipal Councils Appeals lay to the Executive Authority from decisions of MPTs

13 Appeals Appeal to Executive Authority via the Municipal Manager against MPT decision No Appeal may be lodged in terms of Sec 62 of MSA Municipality may establish separate appeal body in terms of provincial legislation

14 National Interest (sec 52) A land development application must be referred to the Minister where the outcome of the application affects the National interest The Minister to publish criteria on National Interest after consultation - Sec 52 (6) The National interest includes:  matters within the exclusive functional area of the national sphere in terms of the Constitution;  strategic national policy objectives, principles or priorities, including food security, international relations and co-operation, defence and economic unity; or  land use for a purpose which falls within the functional area of the national sphere of government.

15 Proclamation of SPLUMA 1 July 2015 Minister requested the President to bring the SPLUMA into operation on the 1 July STATUS – Proclamation has been signed and Gazetted on, 27 May STATUS – Proclamation has been signed and Gazetted on, 27 May SPLUMA IS NOW LAW!!!

16 Regulations to SPLUMA Section 54 (1) of SPLUMA makes provision for the Minister to make Regulations for the effective operations of the Act. Minister has previously approved the publication of the Draft Regulations to the SPLUMA:  The Final approved Regulations have been Gazetted by the Minister on the 23 March Current Regulations focus on Chapter 6 Land Development Management  Establishment of Municipal Planning Tribunals (Single, Joint, District)  Land Development and Land Use Applications  Areas Under Traditional Leadership  Appeals  Intervener Status  Exemptions  General

17 What is Required for SPLUMA post 01 July Municipalities are required to ensure that they have: an Administrative System in place to receive Applications Revised Delegations and Categorisation of Applications an MPT and Appeal Body Municipal Bylaws and Tariffs Resources (Budget and Staff)

18 Progress End July 15

MPT Options The graph indicates Municipalities within each province which have determined their tribunal option (Single, Joint or District MPT) 19

Establishment of MPTs The graph indicates how far Provinces are in setting up the Tribunals. 20

By-law Status The graph indicates how far Provinces are with regards to the preparation, Council adoption and gazetting By-laws. 21

Tariffs Status The graph indicates progress made by the Provinces in reviewing, finalising and adopting Tariff Structures. 22

Delegations Status The graph indicates the progress of Provinces regarding the adoption of Delegations of Powers. 23

Interim Measures The graph indicates progress of Provinces Regarding the adoption of Interim Measures. 24

Overall Readiness The Graph indicates the overall readiness of the Provinces against the SPLUMA Implementation Readiness Requirements (i.e. MPTs, By-Laws, Tariffs, Delegations and Interim Measures). 25

26 Overall Readiness Provincial

District 27

Overall Readiness Local 28

MPT Option Local 29

MPT Establishment Local 30

By-laws Status Local 31

Tariffs Status Local 32

Delegation Status Local 33

Interim Status Local 34

Summary : National Progress There is steady progress on implementation readiness across the country on the following: – Establishment of MPTs – Finalisation of Bylaws, Tariffs and Delegations; The Western Cape Province is incrementally introducing SPLUMA and Land Use Planning Act to municipalities that are ready. The City of Cape Town is now implementing SPLUMA, LUPA and their Municipal Bylaws. However there are challenges in some Provinces, mainly Eastern Cape, Limpopo and North West and to a lesser extent Mpumalanga and Kwa- Zulu Natal. 35

36 SPLUMA Training The Department is in the process of rolling out Training to Municipal Officials A Train The Trainer was held in June Working in conjunction with SALGA and DCoG. Training Material Developed. The training material focussed on the following: – SPLUMA Overview – Roles and Functions of MPTs – Processing of Land Development Applications Provinces have customised Training Material where necessary No of days per session varies across provinces taking the need into consideration

37 SPLUMA Training Stakeholders identified for Training: – Municipal Officials – Councillors – Members of MPTs Current training focussed on municipal officials dealing with land development applications. Training of Municipal Tribunal Members will begin once structures are in place Training to be rolled out on a continuous basis

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39 Transitional Measures The Department has developed a guideline on Transitional Measures. This guideline has been circulated to all municipalities and provinces. The guideline provides guidance to municipalities and provinces on how to deal with applications during the transition to the new system Due to variances in provinces, further work on this is in progress. The Department will further refine this guideline based on a legal opinion that it has commissioned.

Challenges There has been delays in establishment of MPTs. Some of the factors influencing these include the following: – The need for Council Decisions – The need to re- advertise where no sufficient nominations were received. The finalisation and adoption of by-laws has been slow in some provinces. Municipalities have identified challenges in securing funding to advertise the final by-laws – The Department is assisting where possible. Some municipal council decisions required may require more than one council sitting, this leads to a delay. 40

41 Challenges The institution of Traditional Leaders has raised a concern about the SPLUMA not sufficiently considering the role of Traditional Councils in Spatial Planning and Land Use Management. There was a call for its suspension until this matter has been resolved. – Minister is engaging with the National House of Traditional Leaders – The DG DRDLR and DG Traditional Affairs has established a technical team to look at possible amendments – Legal Opinion has been sought Transitional Measures and the complexities with regard to variances across provinces. – Guidelines has been jointly issued by DRDLR and SALGA – Legal Opinion has been sought to clarify uncertainties

28 Support Initiatives The Department is supporting six provinces to develop Model Bylaws, Tariffs, Delegations and Interim Measures Progress on Municipal Readiness is tracked on a monthly basis The Department is closely working with provinces to ensure the readiness of municipalities. The Department convenes a National Coordinating Forum on a monthly basis. In some instances the Department provides municipalities with draft Council Resolutions for their adoption The Department will continue to provide this support Joint Intervention Teams (DRDLR, DCOG, SALGA) are in the process of being formed and will be deployed to struggling municipalities With the Proclamation notice in place we will continue to monitor progress, provide hands on support and track readiness. There has been an improvement since the publication of the proclmation notice. 42

I Thank you I Thank you Dr Nozizwe Makgalemele Department of Rural Development & Land Reform Spatial Planning and Land Use Management Tel: (012)