Update on Land Use Management Bill

Sapoa says the Spatial Planning and Land Use Management Bill (SPLUMB) will not be enacted in time to meet the Constitutional Court deadline in June.

The Constitutional Court’s order of invalidity came about as a result of the City of Johannesburg challenging the Development Facilitation Act in a dispute with the Gauteng Development Tribunal, which centred on whether or not the power to rezone and establish townships lay with the municipal or provincial sphere of government.

The Constitutional Court’s order of invalidity came about as a result of the City of Johannesburg challenging the Development Facilitation Act in a dispute with the Gauteng Development Tribunal, which centred on whether or not the power to rezone and establish townships lay with the municipal or provincial sphere of government.

After taking the matter to both the High Court and Supreme Court of Appeal, the City appealed to the Constitutional Court.

In June 2010, the Constitutional Court found that these powers do in fact lie with the municipal authority and therefore ruled Chapters 5 and 6 of the Development Facilitation Act invalid.

The order of invalidity was for 24 months so Parliament could remedy defects in the legislation.

A year later in May 2011, the SPLUMB was gazetted and an extensive consultation process launched and the Bill must be passed into law in June 2012.

Neil Gopal, chief executive officer of Sapoa says as the deadline looms, nerves are fraying in some quarters of the private sector.

There has even been talk of a new application being brought before the Constitutional Court in an attempt to extend the deadline for another 18 to 24 months.

“Sapoa does not support an approach that favours litigation over engagement and discussion,” explains Gopal.

He says Sapoa prefers to work closely with government and other stakeholders to seek effective solutions.

To this end, Sapoa and the Department of Rural Development and Land Reform convened a high-level briefing session and workshop on the Spatial Planning and Land Use Management Bill for Sapoa members in Johannesburg on 19 January 2012.

The session enabled Sapoa members, the commercial and industrial property industry, to communicate with the department directly and clarify exactly what progress is being made, he says.

Gopal says the Bill which aims to provide a coherent regulatory framework for spatial planning, land use management and land development is supported by Sapoa.

“We believe it is in the interests of our sector to have a predictable, transparent and valid regulatory framework in place.”

Sunday Ogunronbi of the Department of Rural Development and Land Reform undertook that the Department will use its best endeavours to have the Bill passed by June 2012.

He adds that only if it is certain that the department is unable to fulfil this undertaking will consideration be given to apply to the Constitutional Court for an extension of the deadline date.