dc.contributor.author | Van Wyk, J | |
dc.date.accessioned | 2013-01-31T07:51:45Z | |
dc.date.available | 2013-01-31T07:51:45Z | |
dc.date.issued | 2012 | |
dc.identifier.citation | Van Wyk, J. 2012. Planning in all its (dis)guises: spheres of government, functional areas and authority. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 15(5):288-318 [http://www.nwu.ac.za/p-per/index.html] | en_US |
dc.identifier.issn | 1727-3781 | |
dc.identifier.uri | http://hdl.handle.net/10394/8017 | |
dc.description.abstract | The Constitution determines that the legislative and executive powers regarding
'regional planning and development', 'urban and rural development', 'provincial
planning' and 'municipal planning' are divided among the three spheres of
government. Yet the boundaries between these items listed in Schedules 4 and 5 of
the Constitution are opaque and their precise content is not always apparent.
Overlaps, conflicts and uncertainty may occur.
In a number of landmark decisions the courts have provided content to these
different functional areas. Clarity on what 'municipal planning' comprises leads to
more certainty on the content of the other planning areas. Draft legislation such as
the Spatial Planning and Land Use Management Bill (B14-2012) can also assist in
adding substance to a demarcation of these different functional areas. Yet
uncertainties still remain, occasioned by constitutional provisions such as sections
100, 139(1) and 155(6)-(7), that permit intervention by national and provincial
government in provinces and municipalities respectively, as well as the support and
monitoring by provincial government in respect of municipalities.
Few clear solutions are immediately apparent. The role of the constitutional
principles of co-operative government where uncertainty and conflict exist is
examined, especially where no veto of one sphere over another is possible.
Principles of interpretation can also assist in delineating the boundaries of the
different functional areas. It seems, however, that the courts will find themselves
having to address the remaining inconsistencies. | en_US |
dc.language.iso | en | en_US |
dc.subject | Planning law | en_US |
dc.subject | Municipal planning | en_US |
dc.subject | Division of state paves and functions | en_US |
dc.subject | Spatial Planning and Land Use Management Bill | en_US |
dc.subject | Cooperative government | en_US |
dc.title | Planning in all its (dis)guises: spheres of government, functional areas and authority | en_US |
dc.type | Article | en_US |