SOUTH AFRICA’S LEGAL FRAMEWORK ON SPATIAL PLANNING AND DEVELOPMENT: A HISTORICAL AND CONSTITUTIONAL CONTEXT OF LOCAL GOVERNMENT
SOUTH AFRICA’S LEGAL FRAMEWORK ON SPATIAL PLANNING AND DEVELOPMENT: A HISTORICAL AND CONSTITUTIONAL CONTEXT OF LOCAL GOVERNMENT

Summary/Abstract: There is an inherent nexus between spatial planning and development, and realisation of socio-economic rights, especially in the context of transformation of South Africa’s local government on rural areas (residential settlements on the country site). Thus, this article discusses South Africa’s post-1994 legislative framework concerning spatial planning and development, with specific emphasis on the roles and functions of the Institution of Traditional Authorities (or Traditional Leaders) and elected representatives at local government. The article adopted a traditional doctrinal method, by analysing content in legal norms established through legislative framework. Significant international legal instruments such as the Universal Declaration of Human Rights of 1948 supports the view that the state ought to guarantee environments that enable comprehensive realisation of the rights to health, food, housing and social security, among others. The Constitution, 1996 incorporated these norms in national legislation to ensure that spatial planning have regard to human rights. However, it has been observed that the underdevelopment inflicted under the historical homelands/bantustans establishment remain pervasive and poses threats to the effective implementation of Spatial Planning and Land Use Management Act 16 of 2013. This is also compounded by noted uncertainties that culminates in administrative tensions between the Traditional Leader and elected representatives at local government.

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