SPLUMA Week 5 : Lecture 5 Principles, Institutions and the Legal Framework of Spatial Planning in South Africa

Vocabulary-style flashcards covering the basic principles, legal frameworks, and sections of the Spatial Planning and Land Use Management Act (SPLUMA) based on the lecture material.

Constitution ($1996$)

The foundation for spatial planning in South Africa that promotes cooperative governance, environmental protection, and equitable access to land and housing.

Municipal Structures Act ($1998$)

Key legislation that establishes municipal governance structures.

Municipal Systems Act ($2000$)

Legislation that introduces Integrated Development Planning (IDP).

Municipal Demarcation Act ($1998$)

Legislation used to determine municipal boundaries.

SPLUMA ($2013$)

The Spatial Planning and Land Use Management Act, which provides the national framework for spatial planning and land use management in the Republic.

$Section 2(1)$ of SPLUMA

States that the Act applies to the entire Republic of South Africa.

$Section 155(7)$ of the Constitution

Constitutional authority allowing national government to regulate municipal planning.

$Section 44(2)$ of the Constitution

Constitutional authority allowing national legislation to regulate provincial planning.

$Section 2(2)$ of SPLUMA

Important clause stating no other legislation may create a parallel or inconsistent planning system unless allowed by SPLUMA.

Spatial Development Frameworks (SDFs)

One of the four main elements of the spatial planning system, prepared at national, provincial, and municipal levels to guide spatial development.

Land Use Management

A component of the spatial planning system implemented through land use schemes also known as zoning schemes.

$$Section 7$$

The section of the Act outlining the five development principles to apply to spatial planning, land development, and land use management.

Spatial Justice

A principle focused on redressing past spatial and development imbalances through improved access to and use of land, especially correcting apartheid inequalities.

Spatial Sustainability

A principle ensuring land development is within the fiscal, institutional, and administrative means of the Republic while protecting agricultural land and the environment.

Spatial Efficiency

A principle promoting land development that optimizes the use of existing resources and infrastructure while minimizing negative financial, social, and environmental impacts.

Spatial Resilience

A principle requiring flexibility in spatial plans and policies to ensure sustainable livelihoods for communities likely to suffer impacts from economic and environmental shocks.

Good Administration

A principle requiring all spheres of government to ensure an integrated, transparent, and accountable approach to land use and land development.

$$Section 8$$

Assigns responsibility to the Minister to prescribe national norms and standards for land use management and land development.

Chapter $3$: Intergovernmental Support

Section of SPLUMA defining the roles of national and provincial government in supporting spatial planning and monitoring municipal compliance.

$Section 13$–$14$: National Spatial Development Framework (NSDF)

Framework prepared by National Government to provide a national spatial vision and align national policies and strategies.

$Section 15$–$17$: Provincial Spatial Development Framework (PSDF)

Framework prepared by Provincial Government to translate national policy into provincial strategy and coordinate municipal SDFs.

$Section 18$–$19$: Regional Spatial Development Framework (RSDF)

Framework prepared by National Government in consultation with other spheres to provide spatial guidance for regions of strategic importance.

$Section 20$–$21$: Municipal Spatial Development Framework (MSDF)

Framework prepared by Municipalities to provide a spatial vision for the municipality and identify development nodes and infrastructure needs.

Wall-to-wall land use schemes

The requirement in $Section 24(1)$ that a municipality must adopt one single land use scheme for its entire area, including rural and informal settlements, within $5$ years.

$Section 26(1)$ of SPLUMA

States that an adopted and approved land use scheme has the force of law and must be complied with by all land owners and organs of state.