Roundtable on Law Reform in Planning
Spatial Planning and Land Use Management Bill (later enacted into law as SPLUMA – Spatial Planning and Land Use Management Act, Act 13 of 2016) was a crucial component of the land use management framework, it cannot solve all of the challenges encountered in practice. The broad constitutional competency of planning is shared by all three spheres of government. For this reason (and in the absence of national legislation strictly defining the parameters of the competence of planning for each sphere) various provinces were concurrently preparing or amending their own planning legislation. The harmonisation of these national and provincial efforts is thus a key challenge. The goal is to avoid overlaps, conflict, and costly processes for all role-players, including the public who are the consumers of these planning services. Key questions that need to be answered therefore relate to how each sphere is to execute its planning mandate without infringing upon the interests of the other spheres. Moreover, how can development potential be unlocked while facilitating coordination between government and other agents?