Tag Archive | land reform

Communal Property Bill assists land reform

Reform assisted on communal property 

communal-land-4…sent to clients 21 Oct….The tabling of the Communal Property Associations Amendment Bill could represent a major advance in bringing order to many aspects of government’s land reform policy. In essence, the Bill will ensure that householders have security of tenure and thus have the ability to raise capital before they enter into any agreement on the management of communal land.

The new Bill focuses on developing the practical and legal aspects of ownership of communal land by a communal property association (CPA) whilst at the same time providing security of tenure with a new initial procedure of naming householders to benefit. The draft has now been approved by Cabinet.

Whilst the thrust of government policy on land reform has always been to bring ownership ofland-reform self-sustaining agricultural land to previously disadvantaged communities, the process has been much bedeviled by conflict over land falling under the control of traditional chiefs; the inability of small farmers to raise finance without title and, most important, for households able to enjoy security of tenure.

Communal confusion

An unintended consequence of the original CPA programme launched by government has been that government has not wished to involve itself, nor has any investing entity for that matter, in the community strife and argument over communal land, a feature of many CPAs. Consequently, the CPA system has demonstrated its inability to involve itself in loans, any state support, or receive the support of agricultural assistance programmes.

community-farmIt might be said that CPAs as a structural system is “off the banking radar”, a fact which MPs in parliamentary committee meetings have complained of a number of times.

As a result, expensive trusts have become the order of the day, banks preferring to deal with such entities and even government itself having to use them because of the informality of a CPA and the inability of loan applicant to show security.

The objective of the Act when it was signed into law was to create a new form of juristic person to allow disadvantaged communities to acquire, hold and manage property in common. A community that qualifies in terms of the Act can therefore, on the basis of agreement contained in a written constitution, form a legal entity (the CPA) and thereby become owners of property, including land, via the CPA.

Agricultural reform

A CPA as it currently stands allows its members to become owners of land which has been “prioritised for the provision of infrastructural support to land reform farmers to enable them to create sustainable jobs and alleviate poverty.”

However, over the few years since CPAs were established, it appears from parliamentary Lesedi traditionalportfolio committee meetings, that things have not gone well. In some cases, traditional chiefs had intervened and gained control of land previously under the aegis of the members of a CPA. Meanwhile, traditional chiefs had complained that CPAs were acting like “chiefdoms” in themselves, the department told parliamentarians.

Tweaking and compromising

Some attempts were made by the Department of Rural Development and Land Reform to persuade CPA members to appoint traditional chiefs on an “ex-officio basis” but the situation remained untenable, not necessarily just because of the problem of traditional control but because, due to shortage of staff, they said, had no ability to monitor the situation and no picture of what land was under CPA control, where CPAs were, and their needs.

In addition, no measurement of outcome of any schemes appeared possible, Opposition members complained. Quite clearly, they said, the NDP land reform programme has not been successful to date. Whilst the idea had been along the right tracks, it seemed the system was patently in trouble.

Green Paper study

After two years of investigation, in 2014 the Ministry, produced a Green Paper on the subject. After creating communal property ownership rights, the new proposal in the Paper was to secure individual tenure to each household beforehand, be it a farm-dweller or tenant, and for each household to own its rights at law before the CPA was formed to lock into this.

land-reform-5As per the Act in force, it would be possible for a community or group of persons to have access to a registered title to land through common or joint ownership with every name included (in a deed of transfer) or through a trust (with title vesting in the trustees) or a juristic person (with title vesting in that legal entity). Once registered, the CPA would become a juristic person – that can sue and be sued. It could acquire rights and incur obligations in its own name, in accordance with a CPA constitution.

In a policy statement, a Bill was proposed along these lines with a CPA constitution as before dealing with sub-divisions, servitudes, the right to encumber with a mortgage, deal with leases and settle disputes – all essential to the development of the area concerned but in respect of nominated persons giving those persons therefore security of ownership.

The bigger picture

The new Bill therefore speaks to a process to align a CPA to the broader land reform mandate in terms of the policy statement. The Bill also says a Communal Propertyland-claims-court Associations Office is to be established which is headed by a Registrar of Communal Property Associations. As a result, CPAs will be better equipped, it is felt, to take part in development; its status is recognised and is known to government; and has a secure system of tenure established as a base for ownership.

DHA said the plan was to clearly establish the connection between the land itself and those who live on it and depend on it for agricultural income. With more clearly established security and a need to register for compliance, it is hoped that a CPA structure will present a more viable face to the investing world.
Previous articles on category subject
New approach to land reform – ParlyReportSA
Restitution of Land Rights Act reversed – ParlyReportSA
Land Holdings Bill joins state acquisition trend – ParlyReportSA

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Expropriation of land stays constitutional

Minister now quoted in Parly minutes…

In a press media briefing and subsequently in a meeting of the rural development and land reform parliamentary portfolio committee, minister Gugile Nkwinti confirmed that the whole process of land restitution for black persons dispossessed of their land was to be re-opened for a period of five years.   Under questioning, he confirmed that no constitutional changes were envisaged.

During the course of the minister’s departmental presentation on strategy leading to the budget vote, a week later in Parliament, the minister, when confronted by opposition MPs asking for a direct answer as to whether he would call for constitutional change on property rights or not, replied that there was “no such question arising.”

There was considerable satisfaction from opposition members as a consequence since such a statement, they said after the meeting disposed of fears of arbitrary state expropriation of land.

WSWB gone

Nevertheless, the minister was clear in his responses that the process of “willing seller, willing buyer” had been abandoned as a state mechanism.  He emphasised that whilst the principle of market valuation would still apply, it would be up to the new state valuator to establish price and not the parties involved to barter, sometimes endlessly, he commented.

Subsequently, in the newly proposed Bill on property valuation itself, the position was more clearly expressed with the proposal of an office of a Valuer-General,which the department said in its briefing to parliamentarians, had been necessary in order ” to establish an entity to carve through the current settlement process”.

The minister stated during his briefing at the time to parliamentarians that since its inception, the state’s restitution programme had benefited some 370,000 households.   This meant, he said, that some 1.83m persons had benefited so far from the process, as against an estimated 3.5m people who had been “forcibly removed from their land as a result of colonialisation and racial and discriminatory laws”.

The new closing deadline for lodgement of land claims has now been set for mid 2019 and a booklet on how to lodge a claim was circulated amongst members and which is now in public circulation.

The minister emphasised his point that claim forms would not be distributed but that  claimants, whether they be a direct descendant, a juristic person such as a company or trust  or a “representative of a community”, who felt they had a right because they were dispossessed of land rights had to call first upon a land affairs lodgement office.Mobile lodgement offices would visit all areas, the department told MPs, and the lodgement process required no fees.

Backlog

Under questioning, the minister confirmed that over 8,000 claims were still outstanding from the previous lodgement process and that these would be finalised with the new process now being instituted.    R24bn has so far been expended in financial settlements or land purchases.

The minister said he had not set a target for any new claims but he was confident that the programme would be achieved at a faster rate this time around because claims could be lodged electronically.

Disquiet was expressed by some MPs that land acquisition and financial compensation were the choice for claimants.   Some MPs expressed the view that they were “uncomfortable” with a monetary solution as a solution to dispossession as this almost amounted to a bribe.

DA MP Thomas Walters said in his view the reason for the slow rate of land occupation was not, as the ANC claimed, the result of whether or not there was a solution on the willing-buyer, willing-seller principle but rather a reflection of the fact that 92% of land claimants preferred to take cash pay-outs instead of working the land and creating jobs.

Minister Nkwinti stated that both avenues of compensation were a correct solution since in all approved cases, the parties had been wronged and deserved redress.

What started the latest row

As part of the package, minister Nkwinti said, he had made a further proposal, much publicised, that farm workers would be enabled by law to have a share of the land they have worked on according to their service in years.     Public comment had been called for and the results would be put to Parliament.    Only then could the final result become a debatable issue.

Minister Nkwinti made special reference to the complex issues surrounding land acquisition and land claims in the Western Cape, which he said were “very complex”.    In answer to questions on the Khoi and San issues and their claims going back further into South Africa’s history, the minister said the current process was to reverse the legacy of the 1913 Native’s Act and the damage caused by apartheid.

However, he said, some sort of agreement had to be made on the Khoi and San issues and in one instance already such matters had been dealt when applicants had asked for preservation of an area as a heritage site and government had made the acquisition accordingly.    A separate report to the President’s Office was to be made on the Khoi and San issue.

EFF members of the committee rejected the proposals as unworkable and said they “would not turn around the situation where the majority farm workers who had been evicted over the years would see redress and where 40,000 white farm owners remained owning agricultural land.”

Other articles in this category or as background
http://parlyreportsa.co.za//cabinetpresidential/new-approach-to-land-reform/
http://parlyreportsa.co.za//cabinetpresidential/minister-says-need-for-legislation-on-land-reform-a-priority/

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Parliament: last chance to clean up

Last session of parliament….

Houses_of_Parliament_(Cape_Town)The final gathering of a Parliament is always an auspicious time. This is the thirteenth parliament of South Africa as a republic but currently the fourth under the ANC, this particular parliament having been started in 2009.   How time passes indeed.

Four times five is twenty and nobody can change the fact that this is the number of years we have had in South Africa to get things into first gear and pull away as leaders in Africa.

The poor still out there

But whilst security was always the issue in governments before 1994, service delivery to the poor has been the issue ever since, followed more recently by the need to fill the gap caused by inaction on infrastructure build.   When will the poor actually not be poor seems to be the question and in the case of South Africa the answer always seems to be within our grasp.

As do the energy, rail, transport and harbour, the communications, health and education issues seem to be equally just within our grasp.   Closing that gap is, of course, not helped by the lack of skills and training at the coalface and where it matters.

Up skilling in skills

Aspects to watch in Parliament over the coming weeks involve monitoring the reports of each department’s on the skills training aspect.  Expense was not been spared in the budget. Everybody has been given money. But the “work-hard, focused, skillful, get it done properly” Chinese mentality seems to be missing.

Where the Chinese score is through leadership and therein lies the rub in South Africa, from the top, to the most low worker.

Leadership vacuum maybe

With an extraordinarily long list of legislation to get through in the next session of Parliament it will be interesting to see if the qualities of leadership emerge at all, or the country remains driven, even at cost to basic economic structures, by imperatives to get votes.

Unusual has been the move by the President to return the Protection of State Information Bill back to Parliament, ostensibly in the light of some grammatical errors. Whilst this does not vitally affect the business world, other than perhaps a number of businesses or industries in a strategic role finding itself involved or suspected as being involved in the leaking of some highly sensitive subject – say nuclear or defence, this affair will play out noisily in our newspapers but is not really a serious business issue.

Last minute rush

Meanwhile, the last session of any parliamentary government period will always see MPs distracted by forthcoming elections whilst attempting to handle a voluminous amount of legislation that sincerely affects business and they would like to see passed before the period ends.    Consequently, the expression “fast-tracking” will occur again and again over the coming two months.

Ministers will also make many a speech from a podium aimed at the electorate, rather than adding substance to a legislative issue.  Much will involve sorting the wheat from the chaff when it comes to government policy on critical issues.

Shabangu drops a bomb

Critical issues are obviously the Minerals and Petroleum Resources amendments, bearing in mind minister Shabangu’s recent statement on “free carry” and the ability of the state  to acquire up to 50% shareholding in gas exploration successes; the combining of the liquid fuels and mining BEE charters; land reform; fracking, carbon tax and e-tolling.

Also a certain number of ministers will be attempting to justify their stay in the cabinet and the requirement of pleasing the electorate will feature more heavily on their minds than that of the international investment public. Much will have to be ignored.

This is always a bad period for South African public relations; the political lobby; government relations and for departmental heads who may get rough treatment as they report to MPs on their achievements and as Parliament progresses towards the period of the medium term budget.

Heads down.

Posted in Facebook and Twitter, Finance, economic, Justice, constitutional, Labour, Land,Agriculture, LinkedIn, Public utilities, Trade & Industry0 Comments

New approach to land reform

Playing fields altered in land reform legislation….

Gugile_NkwintiIn a newly proposed Bill on property valuation, the government’s new policy in respect of rural development and land reform department is more clearly expressed with the proposal of an office of a Valuer-General.  Public comment on the Bill is called for.

It appears that the minister of rural development and land reform, Gugile Nkwinti, will table in Parliament a Property Valuation Bill primarily, and presumably, to establish an entity to carve through the current settlement process problems surrounding money settlement terms.

“Willing-buyer-willing-seller” not working

The new proposals, in the background rationale to the draft Bill, state that “the willing-buyer-willing-seller approach to land reform is not working at a sufficient level to achieve the desired land reform targets”. It goes on to say that government’s plan is to deliver 25 million hectares of commercial agricultural land by 2015 and so far, only 25% of this has been achieved.

The explanatory memorandum of the Bill says, “New legislation is required to give effect to the provisions of the Constitution which provide for land reform and land restitution and to facilitate land reform and land restitution through the valuation of property in order to determine the purchase price for or payment in respect of property”.

Market value to be “assigned”

The approach involves market value being assigned to specific pieces of land. The Bill says that the minister’s concern is that actual market value is not being applied in a number of land reform initiatives. Escalated prices tend to be offered. This slows down the entire land reform process and this is where the office of the Valuer-General will come in.

Objectives of the bill includes the establishment, functions and powers of the Office of the Valuer-General; the appointment and responsibilities of the Valuer-General; provision for the valuation of property that has been identified for land reform or expropriation for purposes of determining a value as well as property that has been identified for acquisition or disposal by a department, organ of state or a municipality and to provide for the repeal of the Land Affairs Act.

A review committee is to be established to deal with objections to valuations.

Further Bill backdates claims

In tandem, the minister has also published a draft Restitution of Land Rights Amendment Bill and both drafts give the public until 22 June 2013 to make comment.

This proposed legislation intends extending the date for lodging a claim for restitution to 18 June 2018 and backdates the period to much earlier periods in South Africa’s land restitution history apparently to accommodated some of the San tribe issues.

This bill will also introduce penalties for the fraudulent lodging of claims.

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Land reform: Something very sad is going on

Apartheid debate goes back to land reform….

Minister Manuel and President Zuma are said to have repaired their relationship over Manuel’s demand that the governing party and state departments overcome their obsession of blaming apartheid for all their non-delivery performance statistics such as land reform, which excuse has also been constantly appearing in parliamentary and departmental report backs.

However, there lies a much deeper controversy building and this is maybe why the subject of apartheid, being such a dead-end route, was again raised.

Traditional roots

reed danceIt all goes back to disruption appearing at grass roots level in the apparent attempts by the ruling party to ignore gender “apartheid” in rural areas and what has been described as “locking approximately 16 million people into tribal land divisions ruled by customary law and baron chieftains”, areas originally defined in many cases by the dreadful Land Acts of 1913 and 1936.

But how does this affect business and industry since the matter seems so unrelated to the daily grind and to the economics of running a mining house, an investment business, a manufacturing plant or a marketing venture?

It deeply affects us all in the same way that the failure of the rail system means that commuters can’t get to work and in this case, where delivery of service and utilities goes back to apartheid structures that were unfair, caused fifty years of bloodshed and delivery service is so poor. People, mainly workers, get unhappy, cause unrest and may strike.

Apartheid was about land

We only have to look north from the Middle East to Zimbabwe to see it happening everywhere.   Land is usually the issue that provides thelandseizures grenade pin but refusal to reform is probably the catalyst.

Trevor Manuel is right, of course, from the aspect that we should get on with job of re-building the country and not find lame excuses such as playing the apartheid card as reasons for failure. The explosion from ANC policy makers was immediate and it seemed that Manuel had scored a bulls-eye.

President Zuma responded directly bearing in mind that he leads a determined effort to reinforce legislation that provides support powers to traditional chiefs, originally bestowed in the apartheid years to re-enforce the hated Bantustan division of land, thus re-enforcing the same divisions in what appears to be a chase for rural political power.

Bantustans or homelands

homelandsOriginally apartheid was implemented at every level of society: education, transportation, business, entertainment, employment and religion but at its most fundamental level it was about control of the land. This still forms the base of the problem.

Laws in this area introduced by ANC are the Traditional Leadership and Governance Framework of 2003; the Traditional Courts Bill; some eight provincial leadership laws and now before Parliament is the National Traditional Affairs Bill which attempts to bolster the chief’s monopoly on rural land.

All this in the light of the current and completely opposite Restitution Act of 1994 on the statute book on the one hand existing and now supported by the introduction of an Expropriation Bill on the other, all of which seems the very antithesis of support being given to leaving vast tracts of land in the hands of chiefs who govern by their own set of rules and laws.   Traditional courts.

In Britain, the monarchy lost its judicial powers hundreds of years ago and in France the monarchy was simply eradicated.houses of parliament In South Africa, we don’t seem to be able to make up our minds.

It would seem that aside from making a mockery of the land reform programme, the ANC  is courting not only a constitutional challenge, a subject bound to be raised in Parliament when the Bill is debated or even during parliamentary hearings, but the alienation of a vast section of his own progressive supporters.

UCT logoSays University of Cape Town on its Research Centre For Law and Society website, “The Traditional Courts Bill has raised numerous questions as to whether traditional courts should have criminal jurisdiction at all, and if so, which kind of offences they should try and what sort of punishment may be imposed.”

“Our research on traditional courts in one area reveals that cases undertaken in traditional courts include assault, murder and rape, to name a few, indicating that social contact crimes are at times being dealt with by the traditional justice system.”

“On the other hand”, says the article on the website, “it is evident through SAPS reports that certain crimes, such as property-related crimes, although they can be dealt with through traditional courts, are nonetheless taken to the police. This indicates not only a fluid relationship between the two justice systems, but also a blurring of categories of crimes.”

Blurring of constitutional issues is, however, a lot more serious. Especially on the land ownership issue.

Associated articles archived:
http://parlyreportsa.co.za//justice-constitutional/spatial-planning-land-use-management-bill-moves-on/

http://parlyreportsa.co.za//cabinetpresidential/minister-says-need-for-legislation-on-land-reform-a-priority/

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Spatial Planning Land Use Management Bill moves on

SPLUMB goes to the provinces….

In one of the first parliamentary meetings of the year, the controversial Spatial Planning and Land Use Management Bill (SPLUMB) reached near finality with chairperson Stone Sizani obtaining consensus by the NA’s portfolio committee on rural development and land reform on much of the completely re-drafted “B” version of the proposed legislation.

The Bill is now referred for the approval of the provinces as section 76 parliamentary legislation, a mandate on the Bill’s acceptance being required from all nine provinces. Most members of the NA portfolio committee seemed confident, after nearly seven months of debate, that sufficient compromise will be reached for the Bill to get a relatively easy provincial passage.

Provinces to debate specific areas

The nine provinces via the select committee of the NCOP have defined areas of input yet to be made and mandates will require considerable further debate at provincial level therefore.

The Bill sets out to provide a framework for spatial planning and land use management in the Republic and “to address past spatial and regulatory imbalances” and to provide for municipal planning tribunals. The Bill notes that informal and traditional land use development processes are “poorly integrated into formal systems of spatial planning and land use management”.

Municipalities vs local government

Possible sticking points still surround the relationship between provinces and municipalities over the application of regulation set out in terms of SPLUMB where municipal plans are inconsistent with each other and where site specific differences can allow a departure.

Also being debated are the rules applying to decisions taken by a municipal planning tribunal as defined and what their powers might be on certain subjects and relationships.
In addition, new provisions are being re-drafted on these subjects, coordination between municipal and provincial frameworks being the main issue and the intent of both.

Constitutional background

The Bill is over forty pages long and has as its objectives constitutional imperatives such promoting land planning which takes into account the environment; that enables citizens to gain access to land on an equitable basis; the right of access to adequate housing and sustainable human settlements; and realizes the need of communities to have easily available sufficient food and water.

Land is defined very broadly in SPLUMB, including that which is of agricultural use to mining; from educational to recreational; from residential to commercial. It follows the White Paper on the subject in 2001 and fills the gap of the failed Land Use Management Bill in 2008.

The overall hope, says the Bill, is to bring certainty to land use and therefore safe investment in land and to consolidate the many planning laws that remain currently in operation causing confusion.  Finally, a purpose of the new Bill is to eliminate discriminatory practices of the past.

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Minister says need for legislation on land reform a priority

In presenting the first draft of the re-written Spatial Planning and Land Use Management Bill (SPLUMB), Sunday Ogunronbi, executive manager of the spatial planning and information, was accompanied by his minister Gugile Nkwinti. The presentation from the department of rural development and land reform was highlighted by the minister’s remark in presenting the Bill who said, “The need for legislation in land use is urgent and has to precede any policy need”.

Ogunronbi told parliamentarians that there had to be a set of norms and standards outlined by over-arching legislation applying to all tiers of government. Past practices, such as “building 60,000 homes without providing a school”, had to be stopped, he said.

Throughout the entire presentation it became quite evident that the major obstacle to any such legislation was the present inability to enforce any one set of rules and regulations in all three tiers of government.

The main issue to develop in the debate that followed the presentation on the Bill was a discussion on what constitutes “the national interest”, an all important  expression term used in the new Bill part of which is an enabling clause which gave the minister the right to act in situations at all levels of government.

It emerged from the meeting that any clause defining what constitutes the national interest, in the case of the minister’s powers, had to go before the state law advisors since it formed the kernel of much of that which was proposed in the Bill.

Chair of the parliamentary portfolio committee involved, Phumelele Sizani, provided an example of conflict “in the national interest”, quoting the construction of a nuclear energy power plant at Oyster Bay, saying it was a sure fact that the Oyster Bay community would disagree with any such move being “in the national interest”.

Any decision to proceed as the wording stood would simply allow parties to pursue constitutional redress.   SPLUMB had to be carefully crafted to avoid such issues, he said.

Current land use realities were outlined by Ogunronbi in his presentation, not the least of which were – in the urban context – the issue of irregular land use and eviction strategies against a background of formality and informality; different planning laws and embedded power relations and best practices for weaker municipalities.
In the rural context, realities faced were the endless argument between communal ownership over titling versus freehold; weak enforcement of regulations at lower levels of government; unresolved tenure issues regarding rural land; lack of spatial and cadastral data; and traditional leadership problems.

Ogunronbi said that the current Development Facilitation Act was always of a temporary nature and was and must be replaced by SPLUMB, following the constitutional court findings which found that municipal planning is the exclusive competence of municipal government.

The reality was that despite the noble objectives of the SPLUMB document before them, to integrate policies for the development and use of land with other policies and programmes at different levels of government and with different departments, was going to be an arduous task. “If the Bill took 10 years to develop, it will take another five years to get any form of commonality on local ordinances”, he noted.

The development principles espoused by SPLUMB were, Ogunronbi said, that it should be used to guide and direct spatial planning, land use management and land development; that it would also guide decisions made by a the newly proposed tribunal, to which cases were to be submitted and, finally, it would be applied by national, provincial and municipal institutions in developing their own spatial planning policies and developmental frameworks.

The reality was that there remained always complex relationships between all players and even high-level policy outcomes were at times totally contradictory. Nevertheless, a start had to be made, Ogunronbi said.

SPLUMB had therefore been worded, he said, to introduce development principles, norms and standards; processes of inter-governmental support and spatial development framework principals, which would apply across all national, provincial, regional and municipal levels. Municipal planning tribunals represented by large cross-sections of stakeholders were proposed and the principles of applying what was in the national interest addressed.

Ogunronbi said the roles of each of the subject matters was outlined by SPLUMB but there still remained considerable areas of concern which would have to be debated, such as what exactly was meant by “municipal planning”, what was meant by “a provincial interest” and what practical instruments could be designed to overcome the overlap of all the different tiers of land use strategy and use in the application of SPLUMB.

Most importantly, the role of traditional leaders had to be fleshed out and defined, he said.

Much input was needed before a final Bill could be placed before the House and urgency was the keynote. The minister reminded all that he had in terms of constitutional requirements Parliament had until 30 August 2012 to finalise this legislation.

The chair of the committee, Phumelele Sizani, reminded all MPS that with such a difficult deadline and without the time for lengthy procedures such as long public hearings conducted in both the national assembly structure and in the nine provinces, it might be said because of the rush that “Parliament had not applied its mind when approving or disapproving of such a Bill” without the right kind of public input.

But time, he said, mitigated against such lengthy procedures and “democratic shortcuts” had to be found.

It was confirmed, after discussions with all present including the minister, that there had been considerable institutional contact, such as with Mintek regarding mining interests and certainly with all metros on SPLUMB.

Meetings with SALGA and traditional chiefs had been started by the department itself and considerable development has taken place after consultation with municipalities.  Metros had also been dealt with and a debate commenced. SALGA had made lengthy and useful input, as had the Legal Resources Centre, both making recommendations for improvement and both basically endorsing the proposals.

But how could Parliament, chair Sizani asked, respond to the general question, ‘Had the general public been involved as well as certain obvious stakeholder consultation?’

It was decided and agreed unanimously that urgently Controlesa (the Congress of Traditional Leaders of South Africa) and NCOP had to be included in a parliamentary “road show” on the SPLUM Bill that would visit all nine provinces at public places with advertisements beforehand, to debate SPLUMB so that MPs could establish a wider sphere of opinion on the proposed Bill.

Outstanding issues to be looked at immediately was the makeup of tribunals and the clauses instructing municipalities to draw up their own land use schemes for approval within five years. The committee observed that probably the only way to ensure the sustainability of SPLUMB was through a system of taxes and consequent fines for non-observance.

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