SPLUM task team workshop 24 February 2016 East London

Purpose & agenda Task team to develop draft policy position for CSO’s to submit to EC provincial government to include in provincial SPLUM Develop plan for how the draft policy position will be circulated and promoted within CSO’s to get additional input on position and get support Developing draft policy position – Revise SPLUM and green paper – Identifying SPLUM issues relevant for EC – Recommendations for dealing with issues LUNCH Developing promotions campaign – Identify campaign activities – Preliminary campaign action plan

what does SPLUMA entail ? A Framework for a Planning System for the country (sec 2[2]) Dev Principles (sec 7) Policies and Legislation (sec 6) Spatial Development Planning & Frameworks (Chapter 4) Land Use Management through Schemes (Chapter 5) Land Development Management (Chapter 6) other provisions (Chapter 7) other provisions (Chapter 7) SPLUMA Revision

Spatial Development Framework MSDF part of IDP (follow public participation process for approval) required by Municipal systems act Approved SDF must be advertised in provincial gazette SDF and LUS must be aligned Must have provincial SDF and can have regional SDF 4

Land Use Management Land Use Scheme (LUS) includes: – Scheme regulations - Zone categories, Land Use categories, Development parameters (building lines, height, coverage, parking, etc) – approved as a by-law – Map indicating land-use zones (cover whole municipality) Residential, agriculture, business, institutional etc – Register of amendments to scheme Must be public participation before adopting LUS

Land Development Management Municipality Receives Land development and change applications and allocates them to: – MPT (bigger decisions) – Designated official (smaller and more regular decisions) Municipal Planning Tribunal (MPT) Includes at least 5 people (not councillors) – officials and external experts – appointed by council Can have sub committees making decisions & can use advisors Can combine MPT to save costs and make use of skills if agreed by the municipalities 6

Appeals Appeals can’t go to province (like past), municipality must decide how appeals to be heard and decided – By council or – By approved outside structure Interested persons who may reasonably be expected to be affected by the outcome of the proceedings may appeal If not satisfied with appeal can go to court 7

Coordination & multiple approvals SPLUMA calls for coordination of NEMA, Infrastructure Development Act, etc Each sphere / sector can develop law related to their competency But need all approvals for development to proceed; no one approval overrides another If dispute follow appropriate dispute channels 8

Communal areas Municipality must include communal areas in SDF Municipality must extend LUS – zoning map - into communal areas (can do it incrementally) Traditional councils (TC) must ‘participate’ in land use management system Municipalities can enter into service level agreement with TC’s for TC to perform agreed functions, but TC can NOT make decisions relating to LUS. TCs, where found, must provide proof of allocation of land according to customary law (land tenure vs land use) members of HTL can’t be on MPT 9

Relevant legislation National SPLUMA (2013) – SPLUMA regulations (2015) – SPLUMA norms and standards & guidelines Provincial SPLUMA (Green paper being developed) – Provincial regulations Municipal by-laws Framework legislation More detailed procedures 10

Green Paper Process The GP is a Departmental (COGTA EC) policy document that will inform and lead discussion on the preparation of a new EC SPLUM Bill. The GP process included: – in-depth analysis of historical, legislative, development and administrative context of EC – Identification of key issues that new Bill must respond to – Key recommendations

Green Paper Status Analysis accepted by PSC Draft GP completed Consultation completed Final Review concluded The final GP document submitted today to COGTA-EC

Green Paper Key Areas Need to incorporate “Informal” Need to deal with cultural diversity and customary law Clarification of Roles and Responsibilities of National and Provincial Government Need for provincial monitoring and support How to achieve administrative justice Fair and affordable avenues for redress

Issues identified at SPLUM seminar 1.What land use categories should there be in communal areas? 2.What is relationship between land use (SPLUMA) & land tenure (IPILRA)? 3.What is role of traditional leaders in SPLUMA? 4.How does SPLUMA work in CPA areas? 5.How can community participation be improved in (1) the SDF process and (2) land development management process 6.How can we make the appeals process more independent, accessible and accountable?

Possible additional issues What other issues can we think of? What is missing in SPLUMA? Which of all these previously and recently identified issues are the most important and why?

Recommendations to deal with prioritised issues What would we like to see included in provincial SPLUM legislation that would address the prioritised issues? Of these recommendations, which may better be targeted for other legislation?

Examples of recommendations (a) 1.Establish a provincial planning advisory committee 2.Re-align ward boundaries with administrative and other communal/ traditional boundaries 3.Introduce a category of local SDF at scale below municipality so planning done closer to the people 4.Create broad land use zones in SDF that don’t give rights but rather suggest land use 5.Develop clear definitions of erf vs. plot; dwelling vs. shelter, zone vs. land use purpose 6.Develop provincial/ regional/ district shared planning and land use management services capacity

Examples of recommendations (b) 7.Call for municipal land recording capacity for communal areas to record (1) who can be on the land; and (2) what they can do on the land 8.Require municipalities (working with others) to undertake land rights enquiries (to clarify who has rights to what land) – use community mapping (ABCD) 9.Require rural ‘experts’ to be on MPT 10.Require MPT to require ‘community’ approval before deciding on local land use change decision. With clear definition of ‘community’ including Traditional structures, CPA, etc. 11.Require municipalities to use independent appeals authorities. (get legal opinion on this)

Introduction to advocacy campaigns What do we understand by advocacy & campaigning? “A campaign is a connected series of activities designed to bring about a particular result.” “Advocacy is strategic action that influences decision making (for and against) in order to improve the social, economic, political environment toward the improvement of the community.”

Task team campaign objectives Make people aware of what SPLUMA and the provincial green paper process is all about Inform people what the draft policy recommendations are Get feedback on how to improve the draft policy proposals Get formal support for what is included in the policy recommendations Submit petition to provincial CoGTA (and others) in May 2016 outlining our policy recommendations

Tools for raising awareness Develop booklet (on background to & draft position on SPLUM) and translate it Present background and draft position at meetings Use radio to raise awareness Submit press releases etc?

Broad campaign options Using Mind-map technique What actions can be done to achieve campaign objectives? – Raise awareness of SPLUMA generally – Raise awareness of policy positions – Get feedback / further input on policy positions – Get signatures in support of policy positions – Submit petitions/ recommendations Which actions are a priority that we need to action today?

Priority action plan per objective Objective: ActivityWho does itBy WhenWith what resources For priority actions/objectives who will be doing what by when with what resources?

Next steps & closure What’s next? *** Thanks