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Planning Law Enforcement Master Class
21/10/2021
Janice Lee Moodley
The MILE and eThekwini’s Development Planning, Environment and Management Unit in collaboration with KZN COGTA and the South African Local Government Association (SALGA) hosted a Planning Law Enforcement Master Class from 21-22 October 2021 at the Durban International Conference Centre. 

The purpose of this master class was to outline and open-up a platform for planners and planning law enforcement officers to engage with each other, whilst attempting to find practical solutions on how to deal with issues in their respective municipalities. The master class was centred around the theme: A Day in a Planning Law Officer’s Life.” 

Prof. Mpilo Ngubane, Chief Learning Officer, eThekwini Municipal Academy (EMA) welcomed officials to the Planning Law Enforcement Master Class  emphasising that SPLUMA makes provisions for enforcement of land use schemes, it is therefore up to municipalities to put in place various enforcement measures within their jurisdiction including the sometimes-controversial issue of rural land within the ITB (Ingonyama Trust Board).

“SPLUMA (Spatial Planning and Land Management Act) is not the only legislative framework that needs to be addressed for enforcement issues to be effectively addressed, for instance building control prescripts such as The National Building Regulations and Building Standards Act to name a few are just some of those prescripts that municipalities also need to comply with.  Hence it is my sincere hope that the engagements here today will continue to build synergistic relationships and partnerships that will help facilitate and provide guidance to municipalities on how to navigate through the complications of compliance issues on ITB land, said Prof. Ngubane. 

During her address Ms. Prashina Mohangi, SALGA mentioned that Section 32 of SPLUMA, makes provision for the enforcement of the land use scheme of a municipality and while it is a legislative requirement that municipalities enforce the land use scheme, in practice municipalities are experiencing challenges in establishing planning law enforcement units and to have these units capacitated with designated officials who are able to enforce the municipal SPLUMA bylaw.

“SALGA through stakeholders like MILE and COGTA KZN have conceptualised this masterclass to support municipalities to unpack the requirements of section 32, to discuss the challenges to the legislative requirement and to find tangible solutions ensuring that municipalities are able to establish the planning law enforcement units and delegate the necessary personnel to ensure functionality,” said Mohangi. 

In addition, key legislative prescripts, practical approaches, operationalising SPLUMA By-laws, understanding the strategic, legal, and practical approach from a LUMS perspective were amongst the discussion topics. 

The Master Class provided officials with a practical approach in addressing the planning law enforcement matters together with its related challenges in compliance with SPLUMA. It is envisioned that the outcome of this Master Class will contribute immensely to advancing compliance and enforcement in the various participating municipalities. 


Download Presentations below:


 

 Planning Law Enforcement Master Class-Presentations

 
TypeUse SHIFT+ENTER to open the menu (new window).
  
NameUse SHIFT+ENTER to open the menu (new window).
  
Day 1.1- Lisa DelGrande-KZN COGTA.pdf
  
Day 1.2-Mohammed Hoosain.pdf
  
Day 1.3- Daniels Pentasaib.pdf
  
Day 1.4-Abdull Domingo.pdf
  
Day 1.5-Jeremy Du Plessis.pdf
  
Day 2-Abdull Domingo.pdf
  
Planning Law Enforcement Programme .pdf
  
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