PROVINCIAL LEGISLATION ON SPATIAL PLANNING AND LAND USE MANAGEMENT

1. Mpumalanga and Limpopo PROVINCIAL LEGISLATION ON SPATIAL PLANNING AND LAND USE MANAGEMENT MPUMALANGA AND LIMPOPO PROVINCES Research Findings

2. 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

3. 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

4. Mpumalanga and Limpopo Historical Boundaries Bantustan Territories

5. Mpumalanga and Limpopo Mpumalanga Study Area 3 District Municipalities and 19 Local Municipalities Mpumalanga Province

6. 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

7. 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

8. Mpumalanga and Limpopo Mpumalanga: Key Findings What 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

9. Mpumalanga and Limpopo Mpumalanga : Key Findings • Numbers of applications: • Largevolumes 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

10. Mpumalanga and Limpopo Limpopo Study Area 5 District Municipalities and 25 Local Municipalities Limpopo Province

11. Mpumalanga and Limpopo 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

12. Mpumalanga and Limpopo Limpopo: Key Findings Responsible Department: • Department of Local Government and Housing What works relatively well • Thestructure 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

13. Mpumalanga and Limpopo Limpopo: Key Findings 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

14. Mpumalanga and Limpopo Limpopo: Key Findings 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

15. Mpumalanga and Limpopo Limpopo: Key Findings • 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

16. 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

17. 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

18. Mpumalanga and Limpopo Former Homelands and Old Provincial Boundaries Former Homelands and Old Provincial Boundaries KwaNdebele

19. Mpumalanga and Limpopo Former Homelands and Old Provincial Boundaries KaNgwane

20. Mpumalanga and Limpopo Former Homelands and Old Provincial Boundaries Lebowa

21. Mpumalanga and Limpopo Former Homelands and Old Provincial Boundaries Venda

22. Mpumalanga and Limpopo Former Homelands and Old Provincial Boundaries Gazankulu