Transcript TOWARDS GOOD LOCAL GOVERNANCE:

What role can the
Spatial Planning and
Land Use Management
Act, No 16 of 2013, play?
PRESENTATION OVERVIEW
 WHAT IS THE SPATIAL PLANNING AND
LAND USE MANAGEMENT ACT (SPLUMA)?
 A BRIEF HISTORY OF SPLUMA
 OBJECTS OF THE ACT
 THE CONTEXT FOR SPLUMA
IMPLEMENTATION
 WHAT WILL SPLUMA DO DIFFERENTLY?
 CONCLUSION
A BRIEF HISTORY OF THE ACT AND
WHAT IT IS INTENDED TO ACHIEVE
A BRIEF HISTORY OF THE ACT
 PROVINCIAL ORDINANCES – 1940’s to 1980’s
 DEVELOPMENT FACILITATION ACT, No. 67 of 1995
 DRAFT GREEN PAPER ON DEVELOPMENT AND
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

PLANNING – 22 April 1999
WHITE PAPER ON SPATIAL PLANNING AND LAND
USE MANAGEMENT – 21 July 2001
LAND USE MANAGEMENT BILL – 21July 2001
LAND USE MANAGEMENT BILL – 2008
CONSTITUTIONAL COURT JUDGMENT – 18 June 2010
NATIONAL DEVELOPMENT PLAN – 11 November 2011
FINAL DRAFT BILL – July 2012
ENACTMENT – 5 August 2013
OBJECTS OF THE ACT [Section 3]
 Provide for a uniform, effective and comprehensive system
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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 CHALLENGING CONTEXT IN WHICH SPLUMA WILL
BE IMPLEMENTED
LOCAL GOVERNMENT IN CRISIS
INDICATOR 1: FINANCIAL MANAGEMENT
Audit Opinion
2008/9
2009/10
2010/11
2011/12
No.
%
No.
%
No.
%
No.
%
Adverse
10
4
7
2
9
3
3
1
Disclaimer
103
36
53
19
82
29
75
27
Qualified
50
18
50
18
55
20
64
23
Unqualified –
113
40
120
42
117
42
107
38
4
1
7
2
13
5
9
3
3
1
46
16
2
1
20
7
283
100
283
100
278
100
278
100
with findings
Unqualified –
no findings
Audits
outstanding
Total
Source: National Treasury Local Government Database and Auditor-General Consolidated Report 2011/12, reported in The State of Local Government Finances and
Financial Management as at 30 June 2013, National Treasury
LOCAL GOVERNMENT IN CRISIS
INDICATOR 2: SERVICE DELIVERY PROTESTS
173
155
134
107
111
82
34
10
2004
32
27
2
2005
2006
2007
2008
2009
2010
Source: Municipal IQ Hotspots Monitor (http://www.municipaliq.co.za/)
2011
2012
2013
2014
LOCAL GOVERNMENT IN CRISIS:
HISTORICAL PLANNING WEAKNESS
 STRONG PROVINCIAL PLANNING ROLE
 ORDINANCES
 DEVELOPMENT FACILITATION ACT
 CONCENTRATION OF SKILLS AND EXPERIENCE IN
PROVINCIAL GOVERNMENT AND PRIVATE SECTOR
 HISTORICAL EXPERIENCE OF MUNICIPALITIES IS
DEVELOPMENT CONTROL AND BUILDING, NOT
SPATIAL PLANNING OR POLICY DRIVEN LAND USE
MANAGEMENT
 LIMITED COVERAGE OF MUNICIPALITIES PRIOR TO
1996 CONSTITUTION – URBAN BIAS
 STRONG ROLE OF TRADITIONAL LEADERSHIP
OUTSIDE FORMER MUNICIPALITIES
 100% COVERAGE OF MUNICIPALITIES ACROSS THE
COUNTRY – SIGNIFICANT CHALLENGES
HOW WILL SPLUMA IMPROVE
MUNICIPAL PLANNING?
WHAT WILL BE DONE DIFFERENTLY
IN TERMS OF SPLUMA?
 APPLICATION OF THE ACT
 REINFORCEMENT OF THE ROLE OF THE
INTEGRATED DEVELOPMENT PLAN
 CONTINUATION OF THE USE OF DEVELOPMENT
PRINCIPLES
 MEANS TO ACHIEVE STRATEGIC AND
DEVELOPMENT OBJECTIVES
 PROVINCIAL SUPPORT AND MONITORING
 LEGISLATION
 ALTERNATIVE STRUCTURES AND PROCEDURES
WHAT WILL BE DONE DIFFERENTLY
IN TERMS OF SPLUMA?
 SPATIAL DEVELOPMENT FRAMEWORKS FOR ALL
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SPHERES OF GOVERNMENT
LAND USE SCHEMES
LAND DEVELOPMENT MANAGEMENT AND LAND
USE REGULATORS
NATIONAL INTEREST
NON-IMPEDIMENT OF FUNCTION
WHAT ARE THE SUCCESS FACTORS AND KEY CHALLENGES
CONCLUSION
 PLACES MUNICIPALITIES AT CENTRE OF SPATIAL
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PLANNING, LAND USE MANAGEMENT AND
DECISION MAKING
CORRECTS URBAN BIAS
ALLOWS FOR FLEXIBLE APPROACHES – BUILD ON
THE KNOWN, INCREMENTALLY RESPOND TO
CHANGE
MUNICIPAL COOPERATION
NATIONAL AND PROVINCIAL SUPPORT [Section
154 of Constitution]
KEY CHALLENGES:
 INVOLVEMENT OF TRADITIONAL LEADERSHIP
 MUNICIPAL CAPACITY