Constitutional Court shows DFA the door
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Date
2010
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Community Law Centre, University of the Western Cape
Abstract
In October 2009, the Supreme Court of Appeal (SCA) declared parts of the Development Facilitation Act (DFA) unconstitutional. The Gauteng Development Tribunal was making land use management decisions and bypassing municipal land-use planning processes on the basis of the DFA. The SCA held that this violates municipalities' right to administer 'municipal planning', listed in Schedule 4B of the Constitution as a municipal power.
Description
Keywords
Development Facilitation Act, Constitutional Court, Gauteng Development Tribunal, Municipal planning
Citation
de Visser, J. (2010). 'Constitutional Court shows DFA the door'. Local Government Bulletin, 12(2): 13