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SACPLAN Bulletin e-Newsletter for the South African Council for Planners

Volume 2 Issue 5

October 2012
Message from the
Message from the ‘The South African Informal City'
book launched
‘The South African
Informal City' book
launched
September was probably the most ex- Finally, there are some registration certificates that were returned to citing months thus far this year with the SACPLAN as "unclaimed" even after the postal address was con-  Mining and Land
Planning Student Congress that was firmed. I would urge planners to collect their certificates as soon as Use Rights—An
held in Durban on 14 and 15 Septem- you are informed that it was posted. Awkard Marriage
ber 2012, followed by the Planning on (in)convenience
Africa Conference that was held from 17 to 19 September 2012. On 17 September 2012, ‘The South African Informal City' was  Job Opportunities
launched at Planning Africa in Durban. The book is the latest compo- I would like to thank all of you that man- nent of the South African Informal City project, and was displayed aged to visit the SACPLAN Exhibition  Newly Registered
alongside the SAIC Exhibition, which was featured at the conference Stall at he Planning Africa Conference. Planners
courtesy of EThekwini Municipality and the SA Planning Institute. It was great the meet the people that we communicated with during the year  Upcoming Confer-
First showcased at the Bus Factory in Newtown in 2011 as one of the and to see old friends and colleagues Technical Site Visits offered by the Local Government Programme for COP17, the SAIC Project explores and showcases the important work being conducted in South Africa around informality, some of which is I also wish to thank all the contributors unique to the local context and some of which shares questions and to this month's edition of the SACPLAN concerns with other developing countries. Bulletin. You will find information on the book ‘The South African Information The initiative is a survey of South Africa's most relevant and innova- City' that was launched during the Plan- tive design and research projects around urban informality in cities ning Africa Conference. from across the country, in five categories: In-Situ Upgrading; Back- yard Interventions; Inner City Informality; Catalytic Projects; Un-built You can also read an article by Peter Projects. Dacomb with the title "Mining and Land Use Rights—An Awkward Marriage on To further the project's outcomes, the ‘The South African Informal (in)convenience" City' book was realised with the support of the SA Cities Network and SACPLAN's
Urban LandMark. The objective is to open up dialogue and discussion I would also urge you to contribute to around the critical issues of informality and urban development, in the SACPLAN Bulletin with Article or order to further cooperation, information sharing and positive action any existing developments and / or between policy makers, built environment professionals and the To pioneer the
founding spirit of
innovation in the
Also have a look at the upcoming Con- Geci Karuri-Sebina of the South African Cities Network, one of the facilitation of
ferences especially the World Town SAIC partners, says, "The success of South Africa's cities will require sustainable and
Planning Day online Conference. an enhanced capacity for policymakers, planners, built environment inclusive development
in the planning
SACPLAN Motto:
profession.
Reinvent Planning, Changing Lives
professionals, and the supporting knowledge tion of the mineral resource), the mining com-  Once land use rights for mining pur- infrastructure to engage constructively with pany was effectively exempt from: poses are procured for a large assembly the reality of informality in enabling produc- of properties (often hundreds of hectares tive and inclusive cities."  complying with any land use develop- of land), such land use rights will attach ment controls (coverage, building re- to the whole extent of the land assembly The SAIC Exhibition is an initiative of the striction areas, height limitations, servi- – with possible ramifications for munici- Architects' Collective, and was started in tude, access, etc.); pal rates/taxes. Large tracts of mining 2011 with the support of the Johannesburg  contributing to bulk municipal services land typically lie fallow around the core Development Agency, the Neighbourhood networks (including extend roads); and mining infrastructure (shafts, etc.), usual- Development Programme (National Treas- ly as a form of "buffer", to separate the ury), the South African Cities Network, and  considering and responding appropriate- nuisance generating activities (mining) the NRF Chair in Development Planning and ly to neighbouring land use regimes, etc. from adjacent land uses. Is it justifiable Modelling. In 2012, the project was selected to "zone" the entire extent of the site as a finalist in the Arts & the Environment The Constitutional Court Judgment has assembly for mining purposes? category for the 15th Annual Business Day changed this forever. Mining companies will  BASA Awards, supported by Anglo American. henceforth be required to "rezone" the Considering the obligations of a munici- affected land for which a mining right has pality with regard to adopting a Spatial For more information or to order ‘The South been procured (in terms of the MPRDA). Development Framework for it's jurisdic- African Informal City' book, please contact: tion (and to be bound by its own policy A number of interesting challenges have guidelines), and considering that it is emerged including the following: difficult (if not impossible) to plan ahead (spatially) for future mining operations,  Most land use legislation (provincial the Constitutional Court Judgment has indeed created a union of strange bed- ordinances/acts) only recognize the registered land owner as an applicant (i.e. for rezoning). Many mining compa- These circumstances cal for a new approach nies only hold mining rights – and are Mining and Land
by the spatial planning profession – the very not the owners of the land. Without the unique nature of mining, as a land use cate- authorization of the owner there can be Use Rights—An
gory, calls for unique solutions. The physical, no application to rezone. This is likely to environmental, social, economic and institu- Awkward Marriage
change in future legislation (i.e. tional interventions that are typically associat- SPLUMA/provincial planning and de- of (in)convenience
ed with a new mining venture (usually in a velopment acts) but this challenge will rural area) call for an appropriate planning Prepared by Peter Dacomb
remain until the new legislation is in response – both from the planners employed The Practice Group
by the responsible authority (usually a munic- Many municipalities simply don't have ipality) and by from planners who will inevita- appropriate land use zoning categories/ bly be retained by mining companies to ad- The Constitutional Court Judgment in the controls in current land use/planning vise on these matters. matter of MaccSand vs City of Cape Town schemes to effectively address this Case CCT 103/11 [2012] ZACC 7 has effec- unique category of land use (mining). tively placed an obligation on mining compa- Consider that mining is never permanent nies to procure land use zoning rights for land – it ceases as a "land use" when the holdings for which mining rights have been mineral resource is depleted – land use granted in terms of the Mineral and Petro- considerations relevant to the "before leum Resources Development Act, 2002 (Act and after" scenarios are important and Please forward any information on Planning 28 of 2002) (MPDRA). This was previously must inform the review of land use Positions (Full time, Internships, Experiential not required and mining operations on land schemes/town planning schemes in an learning / Work Integrated Learning) being holdings were primarily managed/regulated appropriate manner. advertised in your organization, to plan- by the authorities authorized under the  Many "mines" occupy land assemblies ner@sacplan.co.za. You can also upload MPDRA (i.e. National Department of Mineral comprising multiple properties – all un- such job opportunities on the SACPLAN der different title deeds and subject to LinkedIn group under Job discussions. different conditions of title. Mining infra- Municipal authorities were previously mostly structure often ignores cadastral Newly Registered
excluded from any direct involvement in the boundaries, possibly resulting in trans- manner in which mining operations were gressions of various statutory provisions Planners
established and managed on land for which – matters which a mere amendment of a mining rights had been granted. By not scheme will not cure (rezoning alone). having to approach a Municipality for authori-  Certain mining operations may in fact fall The following applications for registration with zation to use land for mining purposes (i.e. foul of the definition of a "township" in SACPLAN were approved during the last the land use per se as opposed to the extrac- terms of certain planning legislation. Council Meeting:


Pinky; Lategan Louis Gerhardus; Makhale Shonani; Gumede Nokulunga Fortunate; Selogilwe Papadi; Sambo Colani Bongumu-sa; Mojaki Olebogeng Setshego Michael; Moonsamy Vernon; Mkhombo Mikateko Trish; Weidenmann Günther Christiaan Frederick; De Beer Adriaan Stephanus; Ismail Taariq; Mazele Odwa; Dubazana Thabani Eugene; Ramutla Odirile Gordon; Mogale Boitumelo Linton; Lefakane Justice Lebotse; Roux Petrus Johannes; Nyatlo Phumzile Abraham; Dube Ephraim; Mbolekwa Nandiswa Innocentia; Chibi Sabatha Raymond; Khota Zaheera; Mhlongo Nhlakanipho Wiseman; Njeke Excellent Siphukuphila Siyabonga; Mohlomi Edwin Nthoesele; Mholo Jeremiah; Pule Esme Ellen; Matjomane Mamokete Devon; Dambudzo Josephine; Modubu Lorenda New Book Released
Mathapelo; Moiloe Maokaneng Omphile Faith; Moholo Garetshose Gratitude; Makhu Ofentse Katlego Sokhaya; Mofokeng Mosa. As Professional Planners:
Thamsanxa Newman; Myburgh Wynand Roelof; Khanyile Arbiter Lethukukhanya; Du Toit Stefan; Govender Maveshnee; Van Sekonyela Setsoto Tootse; Bvuma Alvin; Upcoming
der Bank Cornelia Johanna; Scheepers Nkwana Koketso Moeahabo; Gelderbloem Barend Jacobus; Fadane Angiswa Sinethem- Andrew Timothy; Strydom Petrus Paulus Conferences
Ngaledzani; Albertus; Kampweulu Kasongo; Mahao Stephaniah Macingwana Ziyanda; Solomon Jody Lee; Mammui; Dala Mbulelo Elliot; Satikge Mlangeni Duduzile Kate; Mashego Mpho; The World Town Planning Day Online Con-Sheena Mmametja; Monareng Tsokolo Sebola Kgomotso Jackson Phil ip; Mokoena ference Committee topic for the 2012 confer-Paccanin; Maake Mosima Wilheminah Baleseng Tlholohelo; Qali Nasiphi; Shabangu ence is Smart Communities Connect. This
Felicity; Van Graan Andria; Makou Thabo; Promise Akani; Lubambo Sinazo; Beukes theme is all about learning how technological Eloff Nadine; Hlophe Edith Nombuso; Nicolaas Daniël; Malinga Nkumbulo Bruce; advancements impact on our communities, Coovadia Hlongwane Ogunronbi Mogodi how we can better plan ahead to prepare for Thamsanqa Enoch; Muller Jacob-Frans Du Ramaoto Alphwell; Hooman Christi; Ndaba this ‘knowledge revolution' and improve our Plessis; Le Roux Maria Jacoba; Johnstone Dumisani Nqobile; Makgatho Thapelo Kgabo; awareness of the challenges and opportuni-Wilfred Winston; Malope Lerato Pertunia; Nene Sim kahle Mesuli Thobani; Lazarevski ties that are presented to our communities by Selemoseng Lentekile Danny; Campher Bojan; Chiwa Wilson Bongani; Gasealahwe advances in technology. Estée Helene; de Wet Philip; Makhari Ntam- Olebogeng Ignitius; Motloung Lerato Thabo; budzeni; amsaru Reena; Kgabe Gontse; Magasela Call for Articles
Benjamin Baganne; Baloyi Malebo Anastina; Gugulethu; Deane Malengena Grace; Myoya SACPLAN Bulletin urge all registered Van Zyl Gideon Johannes Jacobus; Mmola Joseph Mkhwadu; Ndwandwe Ntombenhle persons to contribute to this newslet- Maklako Solly; Mutyavaviri Richard. Duduzile; Libunyu Edzani; Marule Ditsepu ter and to share interesting news, As Technical Planners:
Pretorius Pieter; Tshivhase Ndivhuwo; dates, facts, happenings, projects, Nekhaguma Luvhengo; Motsisi Mmami Gift; etc. regarding planning and develop- Chetty Deon Denver; Sangweni Silindile Khuzwayo Khanyisile Octavia; Ntwanambi Manganye Tsepiso; Matebane Refilwe Dorcus; Bhengu Hlawulekani Ignecious; Mathonsi Raphael
Njabulo; Mathinye David; Mqadi Zamaqadi
Evidence.
As Candidate Planners:

Campbell Melodie Jodia; Peu Lerato
Catherine; Kharidzha Shonisani Danisa;
Hanong Kgahliso Lizzy; Mdhluli Gloria
Modipadi;


The second Smart Cities Summit will focus on strategy, planning and implementation. Presentation topics include "Urban principles for a low carbon world," "Intel igent water management for smart cities" and "Environmental sustainability and green initiatives in cities" to name a few. To attend contact Haley Fletcher on 086 000 9590, email: haley.fletcher@topco.co.za. For Contributions to the SACPLAN Bulletin
Please contact Martin Lewis at planner@sacplan.co.za To contact SACPLAN
International Business Gateway Office Park Cnr New Road & 6th Street Midridge Office Park 1st Floor, Block G Tel: 011 318 0460 / 0437 Fax: 011 318 0405 / 086 549 4802 Email: planner@sacplan.co.za The individual opinions raised in the newsletter is
not that of SACPLAN or its Council Members.

Source: http://www.cafedelasciudades.com.ar/imagenes121/SACPLAN%20Bulletin%20Vol%202%20Issue%205%20October%202012.pdf

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