CBBRA Comments on the Draft Land Use Planning Bill

The Director: Environmental &Spatial Planning
Dept of Environmental Affairs & Dev Planning
Provincial Government of the Western Cape
Pvt Bag  X9083
Cape Town
8000

ATTN  Ms Chrizelle Kriel
PER e-mail: Chrizelle.Kriel@westerncape.gov.za

Dear Ms Kriel

COMMENT ON THE DRAFT LAND USE PLANNING BILL

The CBRRA has many concerns regarding the proposed legislation but to avoid repetition, strongly allies itself to the comments as noted by the Greater Cape Town Civic Alliance in this matter.

Of specific concern to the CBRRA is s45 of the draft bill which deals with the removal of title deed restrictions. The CBRRA has been successful in numerous High Court applications to compel the Province and City to treat such restrictions as praedial servitudes, which may not simply be expunged, amended or relaxed without proper due process and subject to the stringent conditions of the Removal of Restrictions Act, as endorsed by the Court. For the Premier or Minister to now simply delegate that power to the Local Authority is both a dereliction of duty and unconstitutional.

Removal of title deed conditions must remain in their current domain and, in fact, need to be accorded the gravitas that the law bestows upon them. Any reference to the removal of title deed conditions must be deleted from this draft bill as it is covered in the Removal of restrictions Act and legally cannot (and certainly should not) be circumvented by Provincial legislation.

A general concern is that NGO’s and Civics are effectively excluded from all due process. This will definitely result in a Constitutional Court challenge if enacted as is. It is interesting to note that the current DA-led Provincial Government is attempting to introduce a lack of transparency in this bill that it so loftily challenges on behalf of the SA citizens’ rights in the so-called “secrecy bill” debate in the National Assembly. It is essential that registered NGO’s and Civics, who represent all walks of society (and are often the only voice of ordinary citizens) have their right of representation endorsed by legislation. It will be sad day for our Constitution when legislation favours short-term development profits over the rights of the citizenry – albeit that the Premier has stated that she intends favouring developers with preferential fast-track service and marginalising the so called “serial objectors”. This is clearly unconstitutional and foolhardy.

Regards

CHRIS WILLEMSE
CHAIRPERSON
Mobile 0836536363   Fax 021-4380703
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From: Chrizelle Kriel
Subject: RE: CBRRA Comment on Land Use planning bill
Date: 11 March 2013
To: Chris Willemse




Good day

Thank you for the time taken to comment on the draft bill.  It will be discussed by the drafting team and if there is any uncertainty or if there is a need to discuss specific issues mentioned by you, we will contact you.

Regards,
Chrizelle Kriel Pr. Pln
Chief Town & Regional Planner
Directorate: Environmental & Spatial Planning
Department Environmental Affairs & Development Planning

1st Floor Leeusig Building, 1 Dorp Street, Private Bag X9086, Cape Town, 8000

Tel:  021 483 0765
Fax: 021 483 4527
E-mail: Chrizelle.Kriel@westerncape.gov.za
Website: www.westerncape.gov.za/eadp