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1 Government Gazette, 4 July 2014 No. 37797 General Notice Notice 526 of 2014 The Minister of Rural Development and Land Reform published the draft regulations made in terms of section 54 (1) read with section 54 (2) (b) of the Spatial Planning and Land Use Management Act, 16 of 2013, for public comments as set out in the Schedule. Interested persons and organisations may submit their comments on the draft regulations in writing on or before the 04 September 2014 to: The Director-General, c/o Sunday Ogunronbi, Department of Rural Development and Land Reform, Room 605, 224 Helen Joseph Street, Capitol Towers, Pretoria or Private Bag X833, Pretoria, 0001 or Per fax to: (012) 323 6419 & 0866928882 or Via email to: [email protected]; [email protected] Kindly provide the name, address, telephone, fax numbers and email address of the person or organisation submitting the comments. The Arrangement of the Regulations is as follows: Chapter 1 - Introductory Provisions, and includes Definitions. Chapter 2 - Application of Regulations and Conflict Management. The parts inter alia include (Part A) Introduction; (Part B) Relationship Between Spatial Planning and Land Use Management Laws and Other Instruments and Policies; (Part C) Principles to Resolve and Prevent Conflicts or Inconsistencies; (Part D) Institutional Framework for Conflict Management; (Part E) Procedures to Resolve and Prevent Conflicts or Inconsistencies which may Emerge SACPLAN Bulletin e-Newsletter for the South African Council for Planners Volume 4 Issue 5 July 2014 The Department of Rural Development and Land Reform published Draft SPLUMA Regulations for Comments
Transcript
Page 1: The Department of Rural Development and Land Reform published … Bulletin Vol … ·  · 2014-07-31The Minister of Rural Development and Land Reform ... The Department of Rural

1

Government Gazette, 4 July 2014 No. 37797

General Notice

Notice 526 of 2014

The Minister of Rural Development and Land Reform

published the draft regulations made in terms of

section 54 (1) read with section 54 (2) (b) of the

Spatial Planning and Land Use Management Act, 16

of 2013, for public comments as set out in the

Schedule.

Interested persons and organisations may submit

their comments on the draft regulations in writing on

or before the 04 September 2014 to:

The Director-General, c/o Sunday Ogunronbi,

Department of Rural Development and Land

Reform, Room 605, 224 Helen Joseph Street,

Capitol Towers, Pretoria

or

Private Bag X833, Pretoria, 0001

or

Per fax to: (012) 323 6419 & 0866928882

or

Via email to:

[email protected];

[email protected]

Kindly provide the name, address, telephone, fax

numbers and email address of the person or

organisation submitting the comments.

The Arrangement of the Regulations is as follows:

Chapter 1 - Introductory Provisions, and includes

Definitions.

Chapter 2 - Application of Regulations and

Conflict Management. The parts inter alia include

(Part A) Introduction; (Part B) Relationship

Between Spatial Planning and Land Use

Management Laws and Other Instruments and

Policies; (Part C) Principles to Resolve and

Prevent Conflicts or Inconsistencies; (Part D)

Institutional Framework for Conflict Management;

(Part E) Procedures to Resolve and Prevent

Conflicts or Inconsistencies which may Emerge

SACPLAN Bulletin e-Newsletter for the South African Council for Planners

Volume 4 Issue 5 July 2014

The Department of Rural Development and Land Reform published

Draft SPLUMA Regulations for Comments

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from Spatial Plans, Spatial Development

Frameworks and Policies of Different Spheres of

Government; and (Part F) Provincial Dispute

Resolution Measures.

Chapter 3 - Ministerial Policies, Directives and

Guidelines and other Obligations, and include

Ministerial Guidelines, and Ministerial Directions

Regarding Spatial Development Frameworks

Chapter 4 - Land Use Management. The parts

inter alia include (Part A) Council Resolution

(Resolution to prepare a land use scheme;

Minimum content of resolution; and

Advertisement of resolution); (Part B) Preparation

of Land Use Scheme; (Part C) Content of Land

Use Scheme (Incorporation of environmental

requirements into land use scheme; Incorporation

of agricultural land; Alignment with integrated

transport plans; Consideration of infrastructure

requirements; Land use scheme regulations;

Land use scheme map; and Land use scheme

register); (Part D) Public Participation Process

(Notice of draft land use scheme; Objections and

representations; and Consideration of objections

and representations); (Part E) Adoption and

Publication of Land Use Scheme (Adoption of

land use scheme; and Publication of land use

scheme); and (Part F) Compliance and

Enforcement (Appointment of inspector;

Compliance notice; Objection to notice of

compliance; Compliance certificate; and

Reporting by inspector).

Chapter 5 - Joint Municipal Planning Tribunal.

This chapter inter alia includes the Role of district

municipality; Decision of municipality; Agreement

to establish joint Municipal Planning Tribunal;

Composition of joint Municipal Planning Tribunals;

Application of provisions of Act to joint Municipal

Planning Tribunal; Status of decision joint

Municipal Planning Tribunal; Powers and duties

of joint Municipal Planning Tribunal; Termination

of joint Municipal Planning Tribunal; Appeal

against a decision of joint Municipal Planning

Tribunal; Appointment of members of appeal

tribunal; Support by district municipality; and

Application of Chapter 7 of Regulations

Chapter 6 - Land Development Applications. The

parts inter alia include (Part A) Categories of

Applications (Categories of applications; and

Hearing of applications by tribunal and land

development officer); (Part B) Administration of

Land Development Applications (Land

development officer; Tribunal; Nomination

procedure; Disclosure of interest; Legal

indemnification; Chairperson of tribunal; Land

development management administrator; Powers

and duties of administrator; Land development

management registrar; Powers and duties of

registrar; Office hours and address of office of

administrator; Filing of documents; Service of

documents and proof of service; Witness fees;

Electronic land use management system; and

Record of land development applications); (Part

C) Application Process (Submission of

application; Fees and documents to accompany

application; Simultaneous submission of

applications; Screening of application;

Registration of application; Notice of category 1

land development application; Notice of a

category 2 land development or land use

application; Objections; Comments pursuant to

circulation; Amendments to application prior to

referral; and Referral of application by

administrator); (Part D) Decision of Land

Development Applications (Decision and

SACPLAN Motto:

Reinventing Planning, Changing Lives

In this Issue

DRDLR published Draft SPLUMA Regula-

tions for comments

Feedback on SPLUMA

WTPD 2014 - Call for Papers extended

SACPLAN LinkedIn group

News from SAACPP

News from SAPI

Newly Registered Planners

News from the Gazettes

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determination by land development officer;

Procedure of tribunal; Consolidation and

separation of applications; Continuation of

application by new applicant; Power of tribunal to

conduct site inspection; Decisions of tribunal;

Conditions determined by tribunal; Non-

compliance with conditions determined by

tribunal; Approval of land development

application that requires amendment of land use

scheme; Approval of land development

application on land where no town planning or

land use scheme applies; Notification by

administrator of decision of tribunal; Amendment

of approval; Withdrawal of application; and

Effective date of decision by tribunal or land

development officer); (Part E) Townships and

General Plans; (Part F) Land Use Management in

Areas under Traditional Leadership (Allocation of

land rights; Land development on land in

traditional area; and Land development

application by member of traditional community).

Chapter 7 – Appeals. The parts inter alia include

(Part A) Management of an Appeal Authority

(Presiding officer of appeal authority; Bias and

disclosure of interest; Registrar of appeal

authority; Powers and duties of registrar;

Commencing of appeal; Notice of appeal; Notice

to oppose an appeal; and Screening of appeal;

(Part B) Appeal Process; (Part C) Parties to an

Appeal (Parties to appeal; Intervention by Minister

or MEC; and Intervention by interested person);

(Part D) Jurisdiction of Appeal Authority

(Jurisdiction of appeal authority; Appeal hearing

by appeal authority; Oral hearing by appeal

authority; Circumstances in which oral hearing

may be dispensed with; Representation before

appeal authority; and Opportunity to make

submissions concerning evidence); (Part E)

Hearings of Appeal Authority (Notification of date,

time and place of hearing; Hearing date;

Adjournment; Urgency and condonation; and

Withdrawal of appeal); (Part F) Oral Hearing

Procedure (Location of oral hearing; Presentation

of each party's case; Witnesses; Proceeding in

absence of party; Recording; Oaths; and

Additional documentation); (Part G) Written

Hearing Procedure (Commencement of written

hearing; Presentation of each party's case in a

written hearing; Extension of time; and

Adjudication of written submissions); (Part H)

Decision of Appeal Authority (Further information

or advice; Decision of appeal authority;

Notification of decision; Directives to municipality;

and Expenditure); and (Part I) General.

Chapter 8 - General Provisions. The parts inter

alia includes (Part A) Strategic Infrastructure

Development (Strategic integrated project;

Functions related to institutional requirements;

Functions related to spatial planning; Functions

related to review of land use scheme; and Appli-

cation for approval of land development applica-

tion due to strategic integrated project); (Part B)

Exemptions (Request for exemption in writing;

Deciding of request for exemption; Procedures

related to withdrawal of exemption; and Short title

and date of commencement).

Municipal Readiness Assessment

The process of assessing municipal readiness is

ongoing. The analysis will be used to assess the

state of readiness of each municipality to implement

SPLUMA, which will in turn inform:

Municipal action plans

Municipal training requirements

SACPLAN’s VISION

To pioneer the founding spirit of innovation in the facilitation of sustainable and inclusive development in the planning profession.

Call for Articles

SACPLAN Bulletin urge all registered persons to

contribute to this newsletter and to share inter-

esting news, dates, facts, happenings, projects,

etc. regarding planning and development

issues.

Feedback on SPLUMA Branch: SPLUM—DRDLR

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Municipal capacity building initiatives

Provincial implementation plans

SPLUMA Commencement

The President has been requested by the Minister for

Rural Development and Land Reform to bring

SPLUMA into operation. The proposed commence-

ment date is 1 September 2014 for commencement

of the whole Act.

The President may choose to assent to the proposed

commencement date, or determine another

commencement date as he sees fit.

SPLUMA Regulations

The draft Regulations to SPLUMA were gazetted for

public comment on 4 July 2014 (Gazette No. 37797).

The closing date for is 4 September 2014.

Comments may be submitted as follows:

In writing to:

The Director-General, c/o Sunday Ogunronbi,

Department of Rural Development and Land Reform,

Room 605, 224 Helen Joseph Street, Capitol Towers,

Pretoria or Private Bag X833, Pretoria, 0001

Per Fax to:

(012) 323 6419 and 086 692 8882

Via Email to:

[email protected]; or

[email protected]

Kindly provide the name, address, telephone, fax

numbers and email address of the person or organi-

sation submitting the comments.

Professional planning organizations around the world

will mark World Town Planning Day 2014 with an

international online conference on:

EQUALITY IN THE CITY

Making Cities Socially Cohesive

In April 2014, thousands of participants in World

Urban forum 7 gathered at Medellín, Colombia,

culminating in the WUF7 Declaration calling for

‘urban plans and policies that link current urban de-

velopment with future needs, and that are solidly

grounded in the fundamental principles of equity, jus-

tice and human rights’.

The focus of the 2014 WTPD online conference will

be to showcase and celebrate such plans and poli-

cies around the world. We seek examples of projects,

tools and programs that:

have achieved measurable improvements to-

wards social cohesion

can be replicated around the world to address

similar issues in other communities

are inclusive and engage with all sectors of the

community.

You are invite to contribute to the 6th Online

Conference for World Town Planning Day by

submitting a paper relating to the conference title and

the following session themes:

Inclusivity

How do we develop programmes and policies that

address the needs of marginalized groups?

How do we strengthen civic engagement amongst

marginalized people?

Follow us on Twitter @SACPLAN1

Call for Papers

still open

World Town Planning Day

Online Conference 2014

5-6-7 November 2014

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Governance

How can urban governance contribute to social

cohesion?

How can we improve co-operation and

co-ordination between different levels of

government?

Laws / Regulations

Can laws/ regulations/ statutory instruments

enhance equality in urban areas?

Can planning laws mitigate the exclusionary

effects often created by planning laws?

Any truly innovative approaches to a planning

process that reflect social complexities

Knowledge

How can we use the power of technology to foster

social cohesion?

What innovations have been put into practice to

increase information and knowledge transfer to

communities?

Grassroots Involvement

What factors impede grassroots participation in

development programmes?

How can we encourage grassroots participation in

governance?

Access

Gated communities: what are the security, social

and economic consequences?

Privatization of public space: whose right to the

city's spaces?

Unintended Consequences

A place to explain bravely, ideas that didn't quite

work out, or had unexpected results

The SACPLAN LinkedIn group was established and

is aimed at professional networking among registered

planners, to serve as a discussion forum, to facilitate

the sharing of experiences, views and opinions be-

tween young and mature professionals, and as a

platform for the seeking of advice.

Members of this group are urged to use this forum to

network with other registered planners, to discuss

issues, experiences, views and opinions. This would

then also help young professionals to gain from

more mature professionals. Please also use this as a

platform for seeking advice.

If you are not a member yet please use the link pro-

vided and submit a request. If the email you use on

LinkedIn is different from the one on the SACPLAN

Database, you will be requested to provide your

email address as well as registration number. This is

also a way to ensure that SACPLAN has your correct

contact details to enable us to communicate effec-

tively with you. The SACPLAN has also sent out invi-

tations to registered planners to join the SACPLAN

LinkedIn group. There are a number of you that have

not accepted this invitation, and you are each to do

that.

The link to the SACPLAN LinkedIn Group is http://

www.linkedin.com/groups?

gid=3851414&trk=myg_ugrp_ovr

SACPLAN LinkedIn Group

Active

World Town Planning Day

Online Conference 2014

Call for Papers Please note that submission date for the

submission of Papers had been extended

Nelson Mandela Day

18 July 2014

Please share your photos and

stories on the SACPLAN

Facebook and Twitter pages

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THE SPLUMA SPLASH!

"The times they are a changin" – Bob Dylan

If ever the South African spatial planning landscape

was in turmoil, 2014 tops the list. Peter Dacomb

shares some thoughts on this matter.

Following the "SPLUMA Splash", when the long

awaited and much debated Spatial Planning and

Land Use Management Act was published in the

Government Gazette in August, 2013, expectations

soared – the new planning dispensation was nigh!

SPLUMA would be enacted incrementally, by further

notices to be published in the Government Gazette.

After much debate and pleading with the Minister of

Rural Development and Land Reform, it was made

known that, as a first target date, 1 July 2014 was

identified to enact, amongst others, Section 60 of

SPLUMA (to unlock various pending DFA matters) –

For reasons unknown, the notice on Section 60 did

not appear.

The Draft Regulations to SPLUMA was published in

the Government Gazette on 4 July 2014. The public

has been offered until 4 September 2014 to comment

on the draft.

Against the above background the Honourable Minis-

ter's indication that the remaining sections of SPLU-

MA are likely to be published by early September

2014 appears somewhat unlikely.

At the Provincial Sphere of Government, a very differ-

ent set of complications is bubbling under. Starting in

the Western Cape, the mood suggests that provincial

legislation may be no more than a token gesture,

leaving independent municipalities to bring about

spatial planning bylaws in site specific terms. Then

on to KZN where the Planning and Development Act

remains in a state of flux. In Gauteng, provincial in-

fluence is rumoured to remain a strong component of

the spatial planning debate. It appears that a certain

level of inconsistency is the only common denomina-

tor, with other provinces trailing in the distance.

All along, the "old order" Ordinances and Removal of

Restrictions Acts and the Physical Planning Act and

similar instruments, remain in use, trudging along pa-

tiently, yet bearing the yoke of all the ills associated

with the previous political dispensation.

For the uninformed, there are other interesting laws

in the spatial planning arena, such as the Provision of

Land and Assistance Act, 126 of 1993 (the successor

to the Provision of Certain Land for Settlement Act),

administered by the Department of Rural Develop-

ment and Land Reform, the champions of SPLUMA.

This relatively unknown act, all of the 7 pages there-

of, provides a vehicle to subdivide and develop land

and allocate land use rights without necessarily giv-

ing notice to any interested party, by setting aside Act

70 of 1970 and by not having to comply with any law

governing township establishment! The aforesaid act

was amended by the:

Development Facilitation Act, 1995;

Provision of Certain Land for Settlement Amendment

Act, 1998; and

Land Affairs General Amendment Act, 2000

Strange but true!

Bob Dylan, bless his soul, was on the button – times

are indeed a changin' (or are they?)

News from SAACPP

NORTH REGION

Chairperson:

Peter Dacomb

Tel: +27 12-3621741

Fax: +27 12-362 0983

E-mail: [email protected]

Webpage: www.saacpp.org.za

Physical address:

Corner Brooklyn Road and First

Street, Menlo Park

Postal address:

P O Box 36086,

Menlo Park, 0102

SOUTH REGION

Chairperson:

Ansa Ferreira

Email:

[email protected]

Vice Chairperson: Simon

Beamish

Cell: 083 255 7656

Fax: 086 585 6607

Email: [email protected]

Postal address:

P O Box 44459, Claremont

Cape Town, 7735

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Planning Africa 2014 – Making Great

Places

The South African Planning Institute would like to in-

vite make use of our Early Bird Discount and register

for 6th Planning Africa Conference to be held from 20

to 22 October 2014 at the Durban ICC. Registrations

can be done through our website: www.sapi.org.za.

SAPI Professional Development Centre

(PDC)

The last rounds of the extremely popular SAPI work-

shop, “Spatial Planning & Land Use Management

Act: How it will affect me daily?” will be held soon.

This informative workshop is a crucial last opportunity

to familiarise yourself with the contents of SPLUMA

before implementation of the full Act on 1 September

2014. Please note that the following dates for upcom-

ing events:

Future Courses: Internship Excellence, Making Small

Towns great Places, Rural Development or Rural

Sustainability, Mentoring Planners and more.

For more information, please contact Ilette

Swanevelder at the SAPI Professional Development

Centre, Tel: 082-575-1935, Fax: 086-505-9749

Email: [email protected] or in-

[email protected]

SAPI Website

We are constantly updating our SAPI Website with

the Latest News and Upcoming Events in an effort to

provide better communication and service to our

members. SAPI Members can log in to the website

to view the MY SAPI, members only area, which con-

tain information regarding bursaries, job advertise-

ments as well as a Document Library. SAPI Mem-

bers can contact our National SAPI Office should

they have content to add or if they have enquiries

regarding membership status or log in procedure.

Please contact Cornelia van der Bank and Janice

Siphoro, at our Midrand offices: (011) 655 77369 or

email us at [email protected]

News from SAPI

Where When Closing date

SPLUMA - FREE STATE Bloemfontein 16 July 2014 9 July

SUSTAINABILITY WORKSHOP -

GAUTENG

Pretoria 18 July 2014 11 July

SPLUMA - NORTH WEST Klerksdorp 13 August 2014 6 August

SPLUMA - GAUTENG Pretoria 5 September 2014 29 August

SPLUMA - EASTERN CAPE Port Alfred 11 September 2014 4 September

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The following applications for registration with

SACPLAN were approved during the last Council

Meeting:

As Professional Planners:

Mr. Basson Eric Trevor; Mr. Benjamin Bruce Llewyln

Gavin; Ms. Beytell Cornell; Ms. Chamburuka Nyasha

Gay; Mr. Dam Martin Emil; Ms de Waal Tania Marie;

Mr. Florence Timothy Robb; Mr. Fritz Conrad;

Mr. Gasealahwe Olebogeng Ignitius; Ms. Groenewald

Magdalena; Mr. Haarhoff Nicolaas; Mr. Hanekom

Gerhard; Mr. Hassan Siraaj; Mr. Hlanguza Ndumiso

Lindani Cyril; Mr. Lushaba Thabo James Penuel;

Mrs. Makhabane Malefu Rosy; Ms. Malabele Thabiso

Gift; Ms. Mkhize Ayanda Sanelisiwe; Mr. Mokwena

Katlego Clarence; Mr. Molefe Thabiso; Mr. Musandi-

wa Tahulela; Ms. Myeza Nonkululeko Patricia;

Ms. Pieterse Hester Johanna; Ms. Shilubane

Kurhula Penelope; Mr. Sipoxo Mkhululi Sikelela;

Ms. Solomons Aneesa; Ms. Ströh Marianka;

Mr. Terblanche Etienne Le Febre; Mr. Van der Merwe

Antonie; Ms. Van Rhyn Trisha; Mr. Viljoen Pieter Van

Wyk; Mr. Wessels Petrus Johannes; Mr. Zulu

Khethukuthula Joseph; Mrs. Palayan Chantel Louise;

Mr. Kruger Wessel Johannes; Ms. Pieters Carisa

Simoné; Mr. Adebayo Adetunji Olumide; Ms. Million

Tabuya and Mr. Molele Pheeha Arthur.

As Technical Planners:

Mr. Mc Lachlan John Vorster; Ms. Naidoo

Devashnee; Ms. Nel Suzette; Ms. Shivambu

Tintswalo Mercy; Mr. Duma Sello April; Mr. Dladla

Elphas Hlulukwenza; Mr. Zituta Aphelele; Ms. Mkhize

Nomfundo Siphumelele; and Myeni S´boniso

Nkosinathi.

As Candidate Planners:

Ms. Bolosha Angel Unathi; Mr. Chiliza Lungelo;

Mr. Dhansay Hifzul – Rahmaan; Ms. Gansa Noncedo

Pinky; Mr. Gwabuzela Alpheus Mzomuhle; Ms. Jalim

Mishka; Ms. Khumalo Phumelele; Mr. Khwela Mfundo

Bright; Ms. Labuschagne Lara; Ms. Lambrechts

Amozelle; Ms. Mabena Annah Bathabile; Ms. Maka

Sindiswa; Ms. Makhubele Tsakane Vanessa;

Mr. Manuel Bienvenu; Mr. Marx Rutz; Mr. Masinga

Mthobisi; Ms. Matiwane Mbalenhle Nobantu;

Ms. Mesatywa Siyathokoza; Mr. Meso Kolobe Chris;

Mr. Modau David; Mr. Muthivhi Thabelo;

Mr. Neethling Adriaan; Ms. Nkosi Debby

Makhosazane; Ms. Nortje Corne; Mr. Pillay Vaschel

Malone; Mr. Raghunundan Yashmille; Mr. Ramaloko

Setsheng Johannes; Ms. Ramoroka Tlou Millicent;

Mr. Rapulane Mpho Meshack; Ms. Sijeku Zimkita;

Mr. Slinger Luhren Tarron; Mr. Tau Matlotleng

Michael; Mr. Theron Justus Petrus; Ms. Van Der

Westhuizen Catherina Elizabeth; Mr. Van Wyk David

Jan; Ms. Xulu Matelly Soul; Mr. Mabasa Rhulani

Bruce; Mr. Netshithuthuni Rotakala Prince;

Mr. Kgorane Matome Johnny; and Ms. Mtintso

Zikona Faith.

As Candidate Student Planners:

Mr. Buthelezi Saziso Zumbu; Ms. Ditshetelo Tumelo

Precious; Mr. Dlamini Mnqobi; Mr. Fourie Ruan;

Mr. Gqada Dumisani; Mr. Hlekane Love Ettiene;

Mr. Isaac Kavesan; Ms. Khoza Rirhandzu Anneline;

Ms. Maditse Nompumelelo Keamogetswe;

Ms. Mashaba Lucia; Ms. Masombuka Reabetswe;

Ms. Mngadi Thandekile; Ms. Mntonintshi Hlonela

Amanda; Mr. Mongwe Siphiwe; Mr. Mphohoni

Thabelo Trevor; Mr. Murudi Anza; Mr. Muthelo

Dakalo Emmanuel; Mr. Ngoasheng Abram Mabitsela;

Mr. Nipha Sikhosonke; Ms. Nkate Kebaabetswe

Giveness; Mr. Nkuna Ntsako Innocent; Ms. Zikalala

Sithokozisile Zinhle; Ratshilingana Mudanalo

Maryline; and Mr. Nkosi Phiwokuhle Brian

It has been reported over the past few years that

many professionals have returned to South Africa

due to the 2008 global economic recession. In some

sectors this has assisted in halting South Africa’s

‘brain drain’ (i.e. the loss of skilled professionals to

other countries) resulting in a much needed ‘brain

gain’. Many of news articles have suggested that the

majority of returnees have found jobs relatively quick-

ly and that this has assisted South Africa's critical

skills shortages (e.g. discussions held on Radio 702

(Redi Tlhabi Show, 06.12.2011; Xolani Gwala Show,

Newly Registered Planners

2014 Survey on returning ex-pat South African Town Planners'

Experiences Author: Marion Frederiksen, Chartered Town Planner

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24.1.2014 see: www.702.co.za), IOL News (http://

www.iol.co.za/news/south-africa/western-cape/brain-

gain-as-expats-come-home-

1.1633666#.UvSvVPP8LIU) and the Business Day

newspaper on 14.01.2014: http://www.bdlive.co.za/

national/labour/2014/01/14/expertise-flows-back-into-

sa-as-brain-drain-is-reversed).

The town planning sector in South Africa is listed as

one of the Government’s 20 key skill priorities with

skills mainly required in the public sector. Last year

the President, Jacob Zuma, signed the new National

Spatial Planning and Land Use Management Act

(SPLUMA) and a review is currently taking place to

determine existing planning resources across all pro-

vincial and local authorities in order that the new Act

be effectively implemented. In addition, major na-

tional infrastructure programmes are being promoted

by the national government under the approved Na-

tional Development Plan and it is expected that town

planners would be a part of its implementation.

However, informal discussions held with some re-

turning town planners, and practicing consultants has

raised issues such as a shortage of work and difficul-

ties in finding employment. From these initial discus-

sions it would appear that returning town planners

are limited in being able to contribute to South Afri-

ca’s skills shortages within the town planning sector.

It would appear from the above that an initial basic

survey be conducted in order to ascertain the actual

situation of returning town planners. It is hoped that

their experiences will be better understood including

how far they have been able to contribute to the skills

shortage, the type and range of skills offered and

how many have been able to find work within the

South African planning sector. Depending on the re-

sults, further investigations may be required and/or

consultations be undertaken with relevant govern-

ment and professional.

This basic survey has been compiled with the assis-

tance from the South African Council of Planners

(SACPLAN i.e. South Africa’s national planning body)

and the International Development Network of the

Royal Town Planning Institute (part of the UK’s plan-

ning body)

The survey has been sent directly to SACPLAN and

the official planning bodies in the United Kingdom

(RTPI); Republic of Ireland (IPI), United States of

America (APA), Canada (CIP), Australia (PIA) and

New Zealand (NZPI). These countries have tended to

be the most popular destinations for emigrating South

Africans. However, the survey is not exclusive to re-

turnees from those countries and is open to all return-

ing ex-pat town planners.

The survey will run for a two-month period ending

end August 2014.

Thereafter the results will be compiled into a short

report and submitted to SACPLAN, the Department

of Labour (who compile the critical skills list) the

South African Cities Network and the Council for Sci-

entific and Industrial Research (i.e. national research

institutes) and the RTPI’s IDN. The report will also be

made available to any other interested party.

For further information, please contact Marion Fred-

eriksen (Chartered Town Planner) at: frederiksenmar-

[email protected].

The following is a list of publications found in National

and Provincial Gazettes that might be of interest:

Provincial Gazettes (Mpumalanga), No 2323 of

24 June, 2014 - General Notice No. 250

Constitution of the Republic of South Africa Act

(108/1996) and Local Government » Municipal Sys-

tems Act (32/2000) » Adoption of new By-Laws for

the Management and Control of Informal Settlements

By-law.

Provincial Gazettes (Limpopo), No 2375 of 24

June, 2014 - Local Authority Notice No. 89

Municipal Systems Act (32/2000) » Makhuduthamaga

Street Trading By-laws

The Municipality of Makhuduthamaga Local Munici-

pality ("the municipality") published the Street Trading

By-Laws. They have been adopted by the municipali-

ty in terms of section 156(2) of the Constitution of the

Republic of South Africa, 1996 and in accordance

with section 13(a) of the Local Government: Munici-

pal Systems Act, 2000 (Act 32 of 2000)

News from the Gazettes

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Provincial Gazettes (Limpopo), No 2375 of 24

June, 2014 - Local Authority Notice No. 90

Municipal Systems Act (32/2000) » Makhuduthamaga

Street Advertising By-laws

The Municipal Manager of Makhuduthamaga Local

Municipality has, in terms of section 13(a) in conjunc-

tion with section 75 (1) of the Municipal Systems Act,

2000 (Act No. 32 of 2000), published the Advertising

Signs and Hoardings By-Law for the Makhuduth-

amaga Local Municipality, to be approved by the

Council.

Provincial Gazettes (Mpumalanga), No 2324 of

27 June, 2014 - General Notice No. 260

Municipal Systems Act (32/2000) » Notice in terms of

section 79 (1) of Buschbuckridge Land use Manage-

ment By-law.

Notice had been given in terms of Section 79 (1) of

the Bushbuckridge Land Use Management By-Law

2014 read with Section 13 (b) of the Local Govern-

ment Municipal Systems Act, No 32 of 2000 that the

Bushbuckridge Land Use Management By-Law 2014

published in the Mpumalanga Provincial Gazette Ex-

traordinary dated 30 May 2014 had come into opera-

tion on 4 July 2014.

Provincial Gazettes (KwaZulu-Natal), No 1173 of

27 June, 2014 - Municipal Notice No. 70

Municipal Systems Act (32/2000) » eThekwini Munici-

pality » Informal Trading By-Law, 2014

Notice was given that the eThekwini Municipal Coun-

cil has enacted, by way of resolution in terms of sec-

tion 12 of the Local Government: Municipal Systems

Act, 32 of 2000, the Informal Trading By-law, 2014.

The Informal Training By-Laws were published to

provide for the right to engage in informal trading; to

establish informal trading areas and informal trading

sites on municipal property; to provide for the grant-

ing of trading permits to trade on municipal property;

to restrict and prohibit informal trading in certain are-

as; to regulate the conduct of informal traders; to reg-

ulate informal trading at special events; to provide for

measures to ensure health and safety; to create of-

fences and penalties; to provide for the repeal of laws

and savings; and to provide for matters incidental

thereto.

National Gazettes, No 37792 of 01 July, 2014

Act No. 17 of 2014 » Property Valuation Act, 2014

The Act is to provide for the establishment, functions

and powers of the Office of the Valuer-General; to

provide for the appointment and responsibilities of the

Valuer-General; to provide for the regulation of the

valuation of property that has been identified for land

reform as well as property that has been identified for

acquisition or disposal by a department; and to pro-

vide for matters connected therewith

Provincial Gazettes (Eastern Cape), No 3210

of 03 July, 2014 - General Notice No. 189

National Environmental Management Act (107/1998)

» Wild Coast Environmental Management Plan

- This document is published for comment, and the

comments period closes by the end of business on

Friday 8 August 2014.

- Written comments can be submitted electronically to

Ms Ncumisa Magugu at Ncum-

isa.maququdeaet.ecape.gov.za. Her landline number

is [043] 6057052.

- Stakeholders who are unable to submit comments

electronically can also submit hard copies of com-

ments to Ms Magugu, or to any of the Amato le,

O.R.Tambo and Alfred Nzo Regions of DEDEAT. The

relevant contact persons in these offices are: Amato

le Region: Mr Briant Noncembu at Land-line 043 707

4000 and Cell 082 959 3993. O.R. Tambo Region: Mr

Qondile Paliso at Land-line 047 531 1191 and Cell

071 874 8728. Alfred Nzo Region: Mr Stanford Spotsi

at Land-line 039 727 4323 and Cell 082 772 4319.

- The maps that are attached to this document as An-

nexure 1 are too big to be e-mailed together in one

batch to most servers used by stakeholders outside

Government. All relevant documentation can there-

fore be accessed on the DEDEAT website at

www.dedea.gov.za.

- An attempt will be made to e-mail the maps to as

many stakeholders as possible, in batches if neces-

sary. Stakeholders must please liaise with Ms Ncum-

isa Magugu to ensure receipt.

Stakeholders who are then still unable to access the

maps can also obtain electronic or printed copies

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from any of the DEDEAT Regional Offices listed

above.

Stakeholders must please bear in mind that this pub-

lication for comment follows on very extensive public

consultation over the last two years.

National Gazettes, No 37802 of 07 July, 2014 -

General Notice No. 528

National Environmental Management » Protected Ar-

eas Act (57/2003) » Norms and standards for the

management of protected areas in South Africa

The Minister of Environmental Affairs, hereby give

notice of her intention to prescribe norms and stand-

ards for the management of protected areas in South

Africa under Section 11(1) of the National Environ-

mental Management: Protected Areas Act, 2003 (Act

No. 57 of 2003), set out in the Schedule hereto.

Members of the public are invited to submit to the

Minister, within 30 days after the publication of the

draft norms and standards in the Gazette, written

comments or inputs to the following addresses:

By post to:

The Director-General, Department of Environmental

Affairs, Attention: Dr G Cowan, Private Bag X447,

PRETORIA, 0001

By hand at: 2nd Floor (Reception), Fedsure Forum

Building, 315 Corner Pretorius and Lillian Ngoyi

Streets, Pretoria.

By e-mail to: [email protected] , or by fax

to: 012 320 1243.

Any enquiries in connection with the draft norms and

standards can be directed to Dr G Cowan at 012 310

3701.

Comments received after the closing date may not be

considered.

Provincial Gazettes (Eastern Cape), No 3213

of 07 July, 2014 - Proclamation No. 4

Eastern Cape Planning Commission (2/2012) »

Amendment of Proclamation establishing the Eastern

Cape Planning Commission

The mandate and functions of the Commission are to

-

1. Provide guidance and oversight on the develop-

ment of the Eastern Cape Provincial Master Plan

(2014-2030) guided by the following:

(a) Approved National Development Plan of the Na-

tional Planning Commission;

(b) Work undertaken by the Provincial Government in

the implementation of the Provincial Growth and De-

velopment Plan (2004-2014);

(c) The Medium Term Strategic Outcomes document

and the Delivery Agreements to which Members of

the Executive Council are signatories;

(d) Reports on the performance of the Provincial

Government in key service delivery areas such as

health, education and local government;

and

(e) Recent performance of the economy with respect

to the real sectors and the labour market.

2. Provide guidance to the Provincial Government in

finding solutions to the challenges specified by the

Executive Council.

3. Collaborate with Members of the Executive Council

in consulting communities and key stakeholders in

the Province on the content of the Eastern Cape

Master Plan to ensure that the final product reflects

their views and aspirations.

4. Ensure that the current Provincial Spatial Develop-

ment Plan is updated and broadened to speak to the

planning horizon of 2030.

5. Co-ordinate the development of the Provincial In-

frastructure Plan encompassing both social and eco-

nomic infrastructure.

6. Facilitate implementation of the key catalytic pro-

jects on behalf of the Executive Council with the rele-

vant sector departments and implementing agencies.

7. Serve as the official statistical bank of the Provin-

cial Government with a particular focus on the human

development and the built environment data.

8. Work with the relevant sector Members of the Ex-

ecutive Council in the translation of the national out-

comes for service delivery to ensure that the formula-

tion of the Provincial outcomes takes into account the

specific development challenges.

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9. Ensure that the cross-cutting sectoral plans in the

areas of human resource development, infrastructure

development (social and economic), research and

technology review and investment (government and

private sector) are developed and updated.

10. Provide advice and guidance to the process of

aligning the sector department's strategic plans and

budgets to the Provincial Master Plan.

11. Support the process of ensuring the budget is

driven by the National Development Plan and Provin-

cial Master Plan, with Provincial Treasury.

12. Provide guidance on the establishment of a Pro-

vincial Enterprises Wide Programme, Project, Portfo-

lio Management nerve centre that will form the basis

of integrated planning, monitoring and evaluation.

13. Provide guidance on the establishment of a pro-

vincial monitoring and evaluation system aligned to

the Cabinet approved Government Wide Monitoring

and Evaluation System.

14. Ensure that the division of work and responsibili-

ties of the commissioners are aligned to-

(a) Social Infrastructure Planning, Monitoring and

Evaluation;

(b) Economic Infrastructure Planning, Monitoring and

Evaluation;

(c) Spatial and Land use Management Planning; and

(d) Monitoring and Evaluation inclusive of the nerve

centre.

National Gazettes, No 37824 of 10 July, 2014, -

Proclamation No. 44

Infrastructure Development Act (23/2014) » Com-

mencement of the Infrastructure Development Act,

2014 (Act No. 23 of 2014)

In terms of section 23 of the Infrastructure Develop-

ment Act, 2014 (Act No. 23 of 2014), the President

determine that the Act shall come into operation on

the date of publication of this proclamation.

The individual opinions raised in the newsletter is not that of SACPLAN or its Council Members.

For Contributions to the SACPLAN Bulletin

Please contact Martin Lewis at [email protected]

To contact SACPLAN

International Business Gateway Office Park

Cnr New Road & 6th Road

Midridge Office Park

1st Floor, Block G

Tel: 011 318 0460 / 0437

Fax: 011 318 0405 / 086 549 4802

Email: [email protected]

PO Box 1084

Halfway House

Midrand

1685

www.sacplan.org.za

The individual opinions raised in the newsletter is not that of SACPLAN or its Council Members.


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