Faculty of engineering and built
environment
Department of Urban and Regional
Planning
PLNTRA1: History and Principles of Planning
Name and Surname: Tannya Dipela
Student number: 22206007
Lecturer: Miss Winny Nthangeni
Due Date; 03 May 2022
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Contents
Introduction
1-2
Apartheid and colonialism era
3-5
Injustices and why SPLUMA is important
6-8
References .................................................................................................................................................... 9
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1. Discuss the relevance of Spatial Planning and Land Use Management Act
16 of 2013(SPLUMA) in land use planning in contemporary South Africa. In
your discussion make reference to how SPLUMA 16 OF 2013 seeks to
achieve both spatial and social justice.
The Spatial Planning and Land Use Management Act is a book that serves as a tool to allow
planners to navigate various legislations and case laws that influence planning in South Africa.
Some of the aims include the following: to provide a framework for spatial planning and land use
management, to specify their relationships, to provide a framework of policies, principles, norms
and standards and address the imbalances. This act, colloquially known as SPLUMA, is the first
piece of legislation that provides a spatial planning and land use management system for the
entire country and that applies to all spheres of government. According to (Wyk, 2012) it
emphasises redress, social justice, equity and inclusion, community participation and transparent
decision-making, and awareness of the role of property, housing and environmental management
in creating functional, efficient and human settlements. These goals are based in the development
principles, namely, spatial justice, spatial sustainability, spatial resilience, efficiency and good
administration. In addition to these explicit planning principles, SPLUMA also creates a spatial
planning system that combines policy, spatial planning and land use management, particularly at
the local government level. Land use management is regarded as the implementation mechanism
for spatial plans and policy and the realisation of the principles in practice (Nel, 2015). This
essay aims to discuss why is SPLUMA significant in land use planning in South Africa.
According to (F.A.O, 1993) Land Use Planning is the assessment of land and water potential,
alternatives for land-use and economic and social conditions in order to select the best land-use
options. Land use planning has several potential benefits. It is to avoid land use conflicts,
encourages various types of planning and development and divides land into land uses.
The Constitution of the Republic Act 108 of 1996 contains the Bill of rights. According to
Section 24 everyone has a right to an environment that is not harmful of well-being and to have
the environment that protects for present and future generations. Section 26 states that everyone
has a right to have access adequate housing where the state must take reasonable legislative and
other measures within its available resources to achieve the realization of this right. Section 27
states that everyone has a right to have access to healthcare services, sufficient food and water
and social security. South Africa is governed by this act and Section 25 to ensure the protection
of property rights that enable citizens to gain access in an equitable manner (Constitution, 1996).
These rights need to be taken into consideration when making decisions in planning.
Land use planning involves different categories. Examples if land uses are recreational,
transport, agricultural, residential and industrial. Planners need to come up with different land
use plans and consider all the aspects such as the environmental, social and economic aspect.
According to Town Planning Practice (Lai, 2000) the intention of zoning was that land zones
would be redeveloped in a comprehensive fashion. This means that any type of development
needs is approved whether it is new development or redevelopment. One example of a land use
is green belt zoning. The book emphasis that the proportions of this land use where between 8%
to 14%. This shows how this land use is lacking in cities and that the success rate needs to be
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higher and should be considered more in land use planning. That is the reason why SPLUMA is
a very important act to refer to when planning, with taking into consideration of other sources
that explain different frameworks and policies, is it explains issues mostly experienced in
planning. Various acts were implemented during colonialism and apartheid that prompted spatial
injustices in the past.
Land use planning in SPLUMA is important to avoid the issue of spatial injustice where those
previously certain people were excluded from the planning system during Apartheid. The
arriving of the Dutch in the Cape in 1652 introduced their system of land registration and
planning in the earliest colonial settlements, established for administrative and agricultural
purposes. After the British invasion and conquest of the Cape in 1795, the Roman-Dutch legal
system was still maintained, but they later on introduced their own administrative practices.
Authorities did not see any immediate need for formal proper planning or restrictive measures.
The town of Port Elizabeth represents where spatially segregated urban development occurred
along race. The initial spatial design of the colonial was catered exclusively for European needs;
however, missionaries founded a so-called location or separate residential area near the town
centre for indigenous persons under their care in 1834. An influx of black labourers seeking
access to livelihood opportunities over the next two decades prompted the municipality in 1855
to establish the Native Strangers' Location adjacent to the 1834 location.
The development of the Native Strangers' Location provides insight into early colonial
approaches that used segregated residential development as a mechanism of urban administration
and spatial control. Black labourers who, for instance, were not housed by their employers were
required to relocate to this regulated area and to construct their own housing. Its occupants faced
significant challenges. Local authorities prohibited tenants from improving or adapting their
homes, which rendered structures unsafe and contributed to poor living conditions. Harsh
restrictions also affected fragile livelihood strategies, as inhabitants were prevented from
supplementing their income by renting out rooms or allowing others to erect structures on their
plots. As a result, they frequently built structures or accommodated boarders without obtaining
permission from local authorities. The establishment of the Native Strangers' Location also
provides valuable insight into the resolve and efforts of black urban inhabitants to overcome the
political, social and spatial challenges associated with their living environments in order to meet
their needs (Strauss, 2019) .
Even the colonialism time affected South Africa. Towards the end of the nineteenth century, the
prime geographical placement of the Native Strangers' Location near Port Elizabeth's town
centre began to impede the development of areas earmarked for Europeans. The value of the land
occupied by the location also increased significantly and the site was earmarked for commercial
and industrial development. In 1883, the Port Elizabeth municipality attempted to introduce
legislation authorising the removal of the Native Strangers' Location and the relocation of its
residents.
This approach was modelled on the use of legislation in the Cape Colony, where British officials
enacted the Native Administration Act 3 of 1876 and the Native Locations, Lands and
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Commonages Act 40 of 1879 in order to exercise greater control over black persons residing on
public and private land. In particular, the Native Reserve Locations Act 40 of 1902 granted
British authorities the power to establish black residential areas on the outskirts of urban areas.
It affected their livelihood strategies and social networks and deprive them of existing access to
employment opportunities and facilities, such as schools and churches.
Another act was the The Black (Urban Areas) Act 21 of 1923 that enabled the development of
separate residential areas for black residents in the vicinity of urban centres. In particular, the Act
regulated the housing spaces where black inhabitants could legally settle by authorising local
authorities to demarcate, plan and develop separate locations. As alternative settlement options,
the Act provided for the lease of municipal plots to black tenants and endorsed hostel
accommodation for single black men working in urban areas. A prominent rationale underlying
the accommodation of black persons in pre-apartheid urban areas was the need for steady access
to affordable labour to advance the economy. Urban residential segregation thus enabled local
authorities to implement influx control measures and to administer stricter pass laws.
Although the housing options provided for by the Black (Urban Areas) Act 21 of 1923 enabled
access to employment opportunities, they also enhanced the government's control over the spatial
settlement patterns of black residents. In 1925, for instance, the Johannesburg Municipality used
the provisions of the Act to evict black tenants from a portion of the Malay Location. Despite
provisions in the Black (Urban Areas) Act 21 of 1923 requiring displaced persons to be
rehoused, the municipality did not have the financial resources to provide evictees with access to
alternative accommodation. Evictions instituted in terms of the Act therefore frequently
aggravated the spatial exclusion, housing deprivation and socio-economic marginalisation of
black urban inhabitants.
The Regulations for the Administration and Control of Townships in Black Areas established
limited conditions for black persons to lawfully purchase, rent or occupy land in the scheduled
areas beyond pre-apartheid towns. The townships governed by the regulations differed from the
formal residential locations established in or near urban areas, as they were consigned to the
reserves and subject to the provisions of the Development Trust and Land Act 18 of 1936.
However, the proximity of these townships to urban areas was significant, as they represented
sources of labour for the urban economy. Significantly, black communities who resided in these
townships did not enjoy tenure security in the form of ownership rights.
All of these acts implemented affected both the spatial and social justice where land was
unequally distributed. Today inequality is still faced in South Africa Housing shortages,
increasing pressures on land resources and a deteriorating environment are some of the
challenges that still need to be dealt with for cities to develop sustainably. South Africa and Cape
Town is facing great challenges with persistent injustices and an acute housing crisis.
The reality in 'the Valley' show that the poor still experiences injustices related to the colour of
their skin and where they live. People are expressing their frustration over broken promises and
the relationship to the local government is weak. The environment is not a priority and efforts for
change is insufficient. This is further shown in the fact that more than 80% of the households in
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the province do not have the money needed for the formal land market This results in many
people having to turn to the informal land market with the options of living in backyards and
informal dwellings, while some who are living in formal housing have to endure overcrowding.
Rental housing options are too few and are therefore not an option for many people currently
living under these circumstances. The government have on the other hand land and buildings
which are well-located, and that could be used for housing.
Figure 1 Housing protest in Cape town
Figure 2 Inequality in housing
South Africa is a highly unequal country, which is reflected in extreme inequalities in income
and access to opportunity, unemployment and poverty. In view of the entrenched roots of
poverty and inequalities after more than a century of colonial exploitation and apartheid, it is
important to acknowledge the progress that has been made so far with democracy, namely
restoring the dignity of all South Africans and improved access to education, health services,
water, housing, electrification and social security. However, the quality of education remains low
and with regard to gender (EDUCATION, 2005), single-headed households remain the poorest;
women continue to earn less than men; and decades of racial discrimination in the workplace
have led to a social stratification based on skin colour, with social and economic institutions
largely reinforcing these inequalities. The Constitution of the Republic of South Africa includes
a Bill of Rights which enshrines the rights of all people in the country and affirms the democratic
values of human dignity, equality and freedom. Given the country’s history, it is self-evident
‘that equality became one of the fundamental values of South Africa’s Constitution and section 9
of the Bill of Rights provides for equality before the law and equal protection of the law,
freedom from unfair discrimination, positive measures to advance equality and further provides
for the equal enjoyment of all other rights and freedoms. South Africa’s Constitution is
renowned for its entrenchment of a range of socio-economic rights, including environmental
rights and rights to land, housing, health care, food, water, social security and assistance,
education and children’s rights to shelter and to basic nutrition, social services and health care
services. To give effect to this section 9(4) of the Constitution of the Republic of South Africa,
Parliament enacted the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of
2. This Act is guided by principles of equality, fairness, equity, social justice, human dignity and
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freedom for all. The Act makes provision for equality courts and places specific duties on
independent institutions such as the South African Human Rights Commission (the SAHRC) and
the Commission on Gender Equality and other bodies set up to assist complainants in bringing
complaints to the equality courts. The National Development Plan is envisaged as a path to
eliminate poverty and reduce inequality by 2030 in South Africa in order to deliver on the
promise of an inclusive, just society in accordance with the Constitution (Hlalele, 2012)
Figure 3 Illustration of equity and social justice
Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial
imbalances and exclusions; (2) including people and areas previously excluded and (3)
upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle
in its spatial development frameworks, land use schemes and, most importantly, in decisionmaking on development applications to readdress the injustices during the apartheid era.
(Wyk, 2012)States that the legal framework governing spatial planning and land use
management reflects the spatial fragmentation of the apartheid legacy. SPLUMA has repealed
some national legislation, but the diverse provincial legislation remains. Unlike apartheid era
legislation, SPLUMA is decidedly normative. It emphasises redress, social justice, equity and
inclusion, community participation and transparent decision-making, and awareness of the role
of property, housing and environmental management in creating functional, efficient and humane
settlements (Wyk, 2012). SPLUMA also creates a spatial planning system that integrates policy,
spatial planning and land use management, particularly at the local government level. Land use
management is regarded as the implementation mechanism for spatial plans and policy and the
realisation of the principles in practice.
The purpose of the Land use scheme is for it to be consistent with the municipal spatial
development framework and determine the use and development of land within the municipal
area to promote economic growth, social inclusion, efficient land development and minimal
impact on public health the environment and natural resources. It instructs the municipality to do
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the following: the land use scheme must include appropriate categories of land use zoning and
regulations for the entire municipal area, include provisions that permit the incremental
introduction of land use management and regulation in areas under traditional leadership, rural
areas, informal settlements, slums and area not previously subject to the land use scheme,
provision to promote affordable housing in residential land development, implementation of
national and provincial policies. The Spatial development Framework guides local planning,
SPLUMA guides the national and the sustainable Development Goals guides the international
plan.
According to SPLUMA the premier in each province must compile a spatial development
framework and must be reviewed every 5 years. They must align with plans, policies strategies
in all spatial levels of planning. There are development principles that apply to spatial planning,
land development and land use management Whereby the principle of spatial justice must
include spatial development frameworks and policies at all spheres of government with emphasis
on informal settlements, former homeland areas, and areas characterized by widespread poverty
and deprivation and land schemes that will readdress land by disadvantaged communities and
persons.
SPLUMA essentially seeks to achieve spatial and social justice. Spatial justice involves the fair
and equitable distribution in space of socially valued resources and the opportunities to use them.
An example is locational discrimination created through being biased on a particular population
due to geographical location. Social Justice is where we are all treated all equally well in a
society. According to social justice Gerwitz theories of involve mechanisms to regulate social
arrangements in the fairest way to benefit all.
One of the advantages of land use zoning is its simplicity and ease of application. In principle,
the application of a zoning scheme does not require great technical skills or much experience. A
proposed development or activity that conforms to the land use scheme is permissible;
developments, land uses or activities that do not comply are not permitted and hence illegal.
Changes to the land use scheme are possible, and the legislation sets out a transparent process
such applications that include representations by relevant stakeholders and the community.
Despite concerns regarding the extent of genuine participation in land use management
processes, there is potentially a participatory process in the South African planning legislation.
Land use zoning schemes can therefore be aligned with the SPLUMA principle of good
administration. The preceding analysis indicates that the effect of zoning is a social, economic
and physical landscape that is in total conflict with the objectives encapsulated in the SPLUMA
principles.
In conclusion SPLUMA was designed to deal with challenges with injustices and bring
efficiency in South Africa. It is a guide that the government should follow. Although not all the
problems faced in South Africa will be resolved now SPLUMA helps with all the matters with
have. From a legislations to policies SPLUMA help solve some injustices in the country.
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References
Constitution. (1996, October 11). Retrieved from https://www.gov.za.
EDUCATION, D. O. (2005). Ministry of Education .
F.A.O. (1993). Guidelines for Land Use Planning. Pres. by Soil Res., Manag. and Service under guid. of the
Inter-Dept.
Hanel. (2019). The legacy of Apartheid :Spatial Injustices in South Africa.
Hlalele. (2012). Social justice and rural education in South Africa.
Lai. (2000). Town Planning Practice. Hong Kong: Kings Time Printing.
Nel. (2015). Spluma,Zoning and Effective Land Use Management in South Africa. Urban Forum.
Soja. (2009). The city and spatial justice.
Strauss. (2019). A historical exposition of spatial injustice and segregated urban settlement in Soth
Africa. Fundamina.
Wyk, V. (2012). Planning in all its (dis)guises: spheres of governmet. functional areas and authority.
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