Local law making in Cape Town: A case study of the municipal planning by-law process
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Date
2016
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
United Nations Human Settlements Programme
Abstract
This report examines municipal law making surrounding land use planning
in the City of Cape Town. It investigates the extent to which the City of Cape
Town has powers to make by-laws on land use planning and how much of that
power is circumscribed by other state organs and levels. It also examines the
institutional and practical context in which municipal law making takes place
in order to assess the actual relevance of the city’s power to make law.
The assumption, underlying the interest in city law making in planning is that cities
are best placed to design local legal frameworks to address urban infrastructure
challenges. The research question in the report thus becomes: What is the legal
and practical space for the City of Cape Town to use municipal law making in
land use planning to realise policy ambitions such as the acceleration of housing
development, progressive tenure rights and dealing with climate change?
The Report commences with an overview of the legal and policy framework for
law making after which an assessment of the City’s institutional and practical
context is conducted.
It concludes that municipal law making in land use planning is uncharted
territory, not only in South Africa but even internationally. The reality that
emerges from the research is that the space for city innovation in planning
has been gradually closed down by recently adopted national and provincial
legislation. Despite this, the City of Cape Town’s municipal planning by-law
critically deals with matters left open by national and provincial planning laws
and will fulfil an important role in improving the City’s ability to administer
land use management.
Description
Keywords
Cape Town, Local Law, United Nations, Planning By-Law, National government
Citation
de Visser, J. (2016). Local law making in Cape Town: A case study of the municipal planning by-law process. Cape Town: United Nations Human Settlements Programme.