Municipal Law Making under SPLUMA: A Survey of Fifteen "First Generation" Municipal Planning By-Laws

Potchefstroom Electronic Law Journal. 2019;22(2019):1-28 DOI 10.17159/1727-3781/2019/v22i0a4658

 

Journal Homepage

Journal Title: Potchefstroom Electronic Law Journal

ISSN: 1727-3781 (Online)

Publisher: North-West University

Society/Institution: Faculty of Law, North-West University

LCC Subject Category: Law: Law in general. Comparative and uniform law. Jurisprudence

Country of publisher: South Africa

Language of fulltext: English, Dutch; Flemish, German, Afrikaans

Full-text formats available: PDF, XML

 

AUTHORS

Jaap de Visser (University of Western Cape South Africa)
Xavia Siyabonga Poswa (University of Western Cape South Africa)

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 24 weeks

 

Abstract | Full Text

The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical areas of land use management from provincial governments to local governments, which results from the Constitution allocating "municipal planning" to municipalities. With this comes a responsibility for municipalities to adopt municipal planning by-laws. This article focuses on four of the many challenges SPLUMA needed to address namely (1) the division of responsibilities between national, provincial and local government, (2) the interrelationship between plans and rights, (3) planning and informality and (4) making government cohere. The article introduces these four challenges and examines how SPLUMA seeks to address them. In particular, it conducts a preliminary assessment of fifteen "first generation" municipal planning by-laws to assess how they address the four themes in SPLUMA.