PROVINCIAL LEGISLATION ON SPATIAL PLANNING AND LAND
USE MANAGEMENT
MPUMALANGA AND
LIMPOPO PROVINCES
Research Findings
Mpumalanga and Limpopo
Purpose of Study
• To provide an overview of land use/planning legislation in Mpumalanga and Limpopo
• To review the state of the present provincial legislation to understand land use laws and procedures in practice
− Law reform processes since the advent of democracy− Institutional responsibilities− Decision making structures and processes, and − The performance of provincial and municipal laws
• To draw conclusions and see how these might influence new provincial legislation
Mpumalanga and Limpopo
Study Approach
The approach included:• A literature review• A review of the main laws• Interviews with provincial and municipal officials• Interviews with consultants
The focus was on:• identifying the applicable laws• Understanding what works well• What does not work well• What changes to provincial and national laws are needed• Obtaining data to assess the quantitative aspects of the
system
Mpumalanga and Limpopo
Historical Boundaries
Mpumalanga and Limpopo
Bantustan Territories
Mpumalanga Study Area
3 District Municipalities and 19 Local Municipalities
Mpumalanga Province
Mpumalanga and Limpopo
Mpumalanga: Main Laws
The main laws include the following:
• Transvaal Ordinance,1986, and town planning schemes• Removal of Restrictions Act,1967• Division of Land Ordinance,1986• Less Formal Township Establishment Act,1991• Physical Planning Act, 1967• Subdivision of Agricultural Land Act, 1970• Registration of Agricultural Holdings (Transvaal) Act, 1919 • Black Administration Act, 1927, Regulations• Development Facilitation Act, 1995• Municipal Systems Act, 2000
Mpumalanga and Limpopo
Mpumalanga: Key Findings
Responsible Department:
• Department of Agriculture, Rural Development and Land Affairs: Directorate of Land Administration
What works well• The structure and procedures in the Ordinance• The structure and procedures in DFA• The statutory Boards• Alignment of Ordinance to existing municipal and provincial
structures• The Municipal Systems Act and the related spatial development
frameworks
Mpumalanga and Limpopo
Mpumalanga: Key FindingsWhat does not work well
• The multiplicity of laws and their distinct geographical applicability• Parallel approvals (eg Nema, Dept of Agriculture)• Changing jurisdictional boundaries• The mismatch between local authority jurisdictional areas and
management capacity• The unrealistic expectations of most spatial development
frameworks• The inclusion of tribal interests into land use management • Information distribution and retention• The monitoring of outcomes• Upgrading of tenure complexities
Mpumalanga and Limpopo
Numbers of applications:• Large volumes of municipal decisions in terms of Ordinance, town
planning schemes, subdivisions and the like (eg Mbombela: 21
townships and 86 rezonings in 2010)
• Provincial government deals with Appeals, Less Formal (5),
Excisions (11), DFA (7), Permissions in terms of R188, R293, and
Black Communities Development Act (18), Roads and Ribbon (16),
tenure upgrades (6), and various other types of application
• Other than DFA, processes are generally slow
• Most applications in existing urban areas
Revisions to current provincial legislation: None at present
Mpumalanga : Key Findings
Mpumalanga and Limpopo
Limpopo Study Area
Limpopo Province
Mpumalanga and Limpopo
5 District Municipalities and 25 Local Municipalities
Limpopo: Main Laws
The main laws include the following:
• Transvaal Ordinance, 1986, and town planning schemes
• Division of Land Ordinance,1986
• Removal of Restrictions Act,1967
• Physical Planning Act, 1967
• Development Facilitation Act, 1995
• Black Administration Act, 1927, Regulations
• Municipal Systems Act, 2000
• Registration of Agricultural Holdings (Transvaal) Act,1919
• Advertising on Roads and Ribbon Development Act, 1940
Mpumalanga and Limpopo
Limpopo: Key Findings
Responsible Department:
• Department of Local Government and Housing
What works relatively well• The structure and procedures in the Ordinance• The structure and procedures in DFA• The statutory Boards• New Ordinance and the town planning and zoning scheme system• The alignment of the Ordinance system to existing municipal and
provincial structures• The Municipal Systems Act and the related spatial development
frameworks
Mpumalanga and Limpopo
What does not work well (1)• The match with Constitutional mandates for provincial and municipal
planning with the province having an executive and oversight
function in respect of municipal planning.
• The fragmented, complex, and diverse application of planning laws
that is not conducive to effective land use decision making and
management
• The limited capacity at the Department of Local Government and
Housing
• Extensive rural municipalities and the mismatch between capacity
and legal requirements at provincial and municipal level
Limpopo: Key Findings
Mpumalanga and Limpopo
What does not work well (2)
• Delays in obtaining responses and in decision making
• The legacy of historical applications and approvals in the system
• The dispersed information on land use matters
• The decline in experienced planning staff and knowledgeable
leaders
• The inclusion of traditional leaders and tribal land matters from the
current dominant system
• Unrealistic expectations in the spatial development frameworks
• Negative consequences for investment and transfer of ownership
Limpopo: Key Findings
Mpumalanga and Limpopo
Numbers of applications• Fairly large volumes of municipal decisions in terms of Ordinances
and town planning schemes (eg Polokwane 10 townships and 66
rezonings in 2010)
• Provincial government deals with appeals (19), Townships (9), DFA
(54), Physical Planning Act (11), Removal of Restrictions (135),
Permissions in terms of R188, R293, and Black Communities
Development Act (1339), Roads and Ribbon (44), tenure upgrades
(3000), and various other types of application
• Processes are generally slow
• Most applications are in existing urban areas
Revisions to current provincial legislation: None at present
Limpopo: Key Findings
Mpumalanga and Limpopo
Matters Pertinent New Provincial Laws
Clarification of Roles and Functions of Different Spheres of
Government• National
• Provincial
• Municipal (Districts, Metropolitan and Local)
Define Provincial Planning Functions • Forward Planning
• Coordination/Alignment
• Minimum Standards/Model Regulations
• Custodian of Information/Monitoring of Change
• Appeal Function
• Support Function
Mpumalanga and Limpopo
Matters Pertinent New Provincial Laws
Considerations for introduction of new Provincial Planning Laws
• Principle of land use decisions at municipal level
• Need for comprehensive revision and alignment of laws guided by
National Framework Law
• Need for repeal of non-aligned laws
• Need for a degree of uniformity across geographical areas
• Need for phased introduction of upgraded laws without
compromising functioning parts of system
Mpumalanga and Limpopo
Former Homelands and Old Provincial Boundaries
KwaNdebele
Former Homelands and Old Provincial Boundaries
Mpumalanga and Limpopo
Former Homelands and Old Provincial Boundaries
KaNgwane
Mpumalanga and Limpopo
Former Homelands and Old Provincial Boundaries
Lebowa
Mpumalanga and Limpopo
Former Homelands and Old Provincial Boundaries
Venda
Mpumalanga and Limpopo
Former Homelands and Old Provincial Boundaries
Gazankulu
Mpumalanga and Limpopo