Abstract
This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA procedures of the Development Facilitation Act 67 of 1995 (DFA) alongside those of the provincial Ordinances to establish townships (or to use DFA parlance, “land development areas”). The welcome and timely decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal has declared invalid chapters V and VI of the DFA. Moreover, it has formalised planning terminology in South Africa, delineated the boundaries of “municipal planning” and “urban planning and development” as listed in Schedules 4 and 5 of the Constitution of the Republic of South Africa, 1996 and, in the process, clarified the structure of planning law. This note examines the decision of the SCA and focus on the role it will clearly have in reforming some of the law relating to planning. It considers the facts of the case, uncertainties around terminology, the structure of planning in South Africa, the content of municipal planning, the role of the DFA and the consequences of the declaration of invalidity by the SCA.
Highlights
Township establishment in South Africa takes place in terms of the provincial Ordinances of the "old" South Africa
A loophole was provided by the Development Facilitation Act 67 of 1995.1 Soon after its enactment developers discovered that instead of going the municipal route, they could apply for permission from provincial development tribunals to establish so-called land development areas in terms of the less cumbersome chapters V and VI of the DFA.2
In August 2005 the CoJ unilaterally, and without any warning, announced that it would no longer recognize approvals in terms of the DFA. It brought an application in the () South Gauteng High Court for declaratory orders relating to the powers which the Gauteng Development Tribunal and the Gauteng Development Tribunal Appeals Tribunal have under the DFA to amend town planning schemes and to approve the establishment of townships
Summary
Township establishment in South Africa takes place in terms of the provincial Ordinances of the "old" South Africa. In August 2005 the CoJ unilaterally, and without any warning, announced that it would no longer recognize approvals in terms of the DFA It brought an application in the () South Gauteng High Court for declaratory orders relating to the powers which the Gauteng Development Tribunal and the Gauteng Development Tribunal Appeals Tribunal have under the DFA to amend town planning schemes and to approve the establishment of townships. It further applied for a review and setting aside of these decisions and for an order interdicting the developers from using the Roodekrans and Ruimsig properties for the establishment of land development areas.
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
