PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS 12 AUGUST 2008 Deliberations on Land Use Management Bill

Induction Outline Part 1 - Background: Overview of 3 spheres of government within principle of co-operative governance and IGR Part 2 – IGR Framework Act: Overview of the Act and progress with the implementation thereof. Part 3 – Organised Local Government: Overview of the role of organized local government and the legislative framework within which it operates. Part 4 – SALGA: Background to the establishment of SALGA, it’s mandate, functions and constitutional development.

PART 1 BACKGROUND

Environmental Assessment Recognising that… The 1994 democratic government inherited a complex, fragmented, unequal and incoherent spatial planning and land use management system; Development Facilitation Act introduced general principles governing land development throughout the Republic; Regional Planning and Development is a concurrent national and provincial competency whilst Municipal Planning is a local government competence; Challenges… still operate under fragmented, unequal and incoherent spatial planning and land use management legislation; Act allowed existing legislation to continue to operate resulting in incoherent systems of land development; Lack of clearly defined roles and responsibilities across the 3 spheres of governments relating to spatial planning.

BACKGROUND Recognising that: democratic government inherited and still operates under fragmented, unequal and incoherent spatial planning and land use management legislation; Whilst Development Facilitation Act introduced general principles governing land development throughout the Republic it also allowed existing legislation to continue to operate; Whilst Regional Planning and Development is a concurrent national and provincial competency, Municipal Planning is a local government competence;

BACKGROUND the 3 spheres of government and organs of state in each sphere of government are constitutionally bound by the basic principles of co-operative government. through considerable effort by different players across the three spheres of government in implementing the Intergovernmental Relations Framework Act of 2005, attempts have been made to address the challenges within intergovernmental relations. SALGA has very clear and strategic role to play in representing the interests of local government within the system of government as a whole and within intergovernmental structures in particular. SALGA has identified a number of challenges, both internally and externally, it faces in playing its advocacy and lobbying role.

Organised Local Government As 283 municipalities, effective participation in the system of IGR requires that local government acts as a Collective (with a common vision). Organised local government is a vehicle to achieve the vision that local government acts as a collective. This imperative is recognized and entrenched in the Constitution and legislation (i.e. Organised Local Government Act, Systems Act, etc). There are not many of such Constitutional protections on the continent. Organised local government represents municipalities by articulating their interests and seeking to coordinate their policies and programmes with those of the other spheres.

MANDATING SALGA National perspective of a full mandating process Develop submission or position paper EMT for comment Provincial offices for input, with clear recommendations National working group for input, with clear recommendations NEC for discussion and approval Submission to political or technical structure as SALGA position

MANDATING SALGA provincial component of mandating process Provincial Management Team for consideration/input Municipalities for input Consolidation of municipal inputs Provincial working group for input, with clear recommendations PEC for discussion and approval Submission to National Working Group

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