Speech by the Minister of Rural Development and Land Reform, Mr Gugile Nkwinti, (MP)d uring the debate on the Spatial Planning and Land Use Management Bill, National Assembly, Parliament

Mr Speaker
Ministers
Deputy-Ministers
Honourable Members
Ladies and gentleman

The Spatial Planning and Land Use Management Bill is premised on a transformative spatial vision, with clear proposals to achieve spatial equity, integration, sustainability, good land administration and efficiency.

Mr Speaker,

The pivotal principle underlying this Bill is spatial justice, which is expressed in the following six elements:

(i) past spatial and other development imbalances must be redressed through improved access to, and use of, land;
(ii) spatial development frameworks and policies in all spheres of government must address the inclusion of persons and areas that were previously excluded, with emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation;
(iii) spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by previously disadvantaged communities and persons;
(iv) land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas;
(v) land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and,
(vi) a land use regulator considering an application before it, may not be impeded or restricted in the exercise of its discretion on the ground that the value of land or property could be affected by the outcome of the application.

Mr Speaker, The Surplus People's Project (SPP 1983) reported that the Nationalist government, in the name of apartheid and the so-called "separate development", uprooted and relocated some 3.5 million people since the 1960s.

The figure 3.5 million does not include people relocated in the course of the implementation of what was referred to as "Betterment Planning." Although recognised as one type of removal, little has been written about this form of relocation, which predates Nationalist Party rule and the apartheid system. This type of relocation took place ostensibly not in the name of apartheid, but in the name of conservation and agricultural development.

The effects of "Betterment Schemes” - the spatial reorganization that they brought about and the relocation of people into village-type settlements - were fairly dramatic. Mr Speaker, We are recounting this aspect of history to remind ourselves that the spatial structure of the country has been shaped by many events; and, unless we courageously and vigorously pursue a course of development which binds all of us together, we might inadvertently perpetuate this spatial divide and uneven development.

Thus, we are stating in the Bill that the objects of this Act are to provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic; and, to ensure that the system of spatial planning and land use management promotes social and economic integration and inclusion. We cannot say we have achieved social inclusion while the rich and the poor, often defined by race and class, continue to live apart.

Redressing the imbalances of the past and ensuring that there is equity in the application of spatial development planning and land use management systems is a worthy cause which we, humbly urge this Parliament to support by passing this Bill. The important role of municipalities in land use management cannot be over-emphasised. Their municipal planning mandate places them at the forefront of land use management. Yet we are acutely aware of the limitations and capacity challenges of our municipalities across the country. In this Bill, we have confirmed our understanding of municipalities as the primary land use regulators. So, all land use applications will go to a municipality in whose area the land is located.

Provincial and National Governments will perform key support and monitoring functions to ensure that municipalities discharge their mandate as spelt out in this Bill. This is a whole-government piece of legislation.

Mr Speaker,

Efforts to develop this Bill commenced about 12 years ago and we note that considerable time has been spent on engagements and consultations.

The weighty issues dealt with in the Bill, especially the sustained interest by different role players, confirm the enormity of the challenge. All sectors of our society are impacted by proposals in this Bill. We are humbled by the huge number of comments we received in written form and during the series of workshops we had on the Bill.

After the introduction of the Bill in this House, the Portfolio Committee on Rural Development and Land Reform spent considerable energy going through the detail of the Bill. The Committee conducted robust sessions of public hearings and sought specialist legal opinion on the Bill. The result is a Bill that has been enriched by all. We are grateful to the Committee for the leadership and dedication it demonstrated during this long and arduous process.

We thank you.

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