Town and Regional Planning

From the guest editors

Mfaniseni Sihlongonyane — 2024-12-11

This special issue of SACPLAN features contributions from international academics, scientists, and practitioners, focusing on a range of planning, land, and traditional leadership issues across the African continent. The articles broadly explore challenges related to peri-urban areas and the roles of chiefs or local communities. They examine the inequalities perpetuated by legislative and policy frameworks, the insufficient or absent state interventions in these regions, and propose innovative approaches to addressing these issues.

Polycentric governance: Evaluating the relevance of traditional authorities in good governance in South Africa

Samson Faboye — 2024-12-11

This article explores the role of traditional authorities within the complex governance structures of South Africa, specifically in the North-West and KwaZulu-Natal provinces. Polycentric governance, which involves multiple, interconnected decision-making centres that operate independently yet are interdependent, forms the theoretical foundation for this study. In South Africa, municipal governance faces challenges, due to the ambiguous role of traditional authorities, which has hindered the development of rural areas. There is currently no clear framework in the North-West and KwaZulu-Natal provinces outlining how traditional authorities can function effectively within the broader governance system. This research aims to develop a framework that enhances the governance relevance of traditional authorities, drawing on the concept of polycentricity and governance theory. Through qualitative methods, including stakeholder interviews and document analysis, the study examines the contemporary roles of traditional authorities and their interactions with municipal governance structures. It critically assesses the policy framework guiding traditional governance in South Africa and explores how these authorities can be better integrated into governance processes. The study argues that good governance is defined by its ability to meet the needs of the broader populace, not simply select groups. It proposes a formalised polycentric governance framework that elevates traditional authorities as key actors in local government, with a focus on areas such as administrative hierarchy, development planning, land governance, and natural resource management. This framework is expected to support socio-economic development and improve service delivery, particularly in rural and peri-urban areas of the North-West and KwaZulu-Natal provinces.

The extent to which South Africa’s legal and policy frameworks empower traditional leadership to contribute to achieving SDG 11

Fredua Agyemang — 2024-12-11

Sustainable Development Goal 11 (SDG 11) focuses on making cities and human settlements inclusive, safe, resilient, and sustainable. Although the goal primarily addresses urban development, its principles also extend to rural areas, but the extent to which South Africa’s legal and policy frameworks empower traditional authorities to contribute to the development of their communities, particularly towards achieving SDG11, remains insufficiently explored. This study investigates how South Africa’s national legislative frameworks on traditional leadership have been applied to support the advancement of SDG 11. It examines the legal provisions within the 1996 Constitution of the Republic of South Africa, and relevant legislation to determine whether these frameworks provide a strong legal basis for promoting SDG 11 through the empowerment of traditional leadership. This study employs a desktop research methodology involving a comprehensive review of relevant laws, policies, and case law. Secondary data were gathered from case studies, journal articles, books, case laws, and credible internet sources. The findings suggest that the traditional authority system is deeply embedded within the South African Constitution, as well as legislative and policy frameworks, and has been effectively leveraged to advance SDG 11. Key insights emphasise the constitutional and legal recognition of traditional authorities and highlight the enforcement of traditional leadership roles and functions through various legal cases, and SDG 11-aligned programmes in South Africa. The areas where the role and functions of traditional leadership intersect with SDG 11 and rural development include security and safety, community participation, land management and sustainable settlements, cultural heritage and community identity, disaster management, and environmental stewardship. The empowerment of traditional leadership in South Africa has significant implications for achieving SDG 11 and rural development. These implications include enhanced local governance and service delivery, increased accountability and transparency, balanced rural-urban linkages, promotion of environmental stewardship, and the fostering of inclusive development. It also strengthens rural resilience, preserves cultural heritage, promotes sustainable resource management, and improves community engagement. However, challenges related to power dynamics, equity, and the need for policy integration and cohesion must be addressed to ensure that traditional leadership empowerment contributes effectively to sustainable development in South Africa.

Spatial development, power dynamics and social tensions: Insights from Dwesa-Cwebe, Wild Coast Region, South Africa

James Nyamahono — 2024-12-11

Spatial development remains a priority in South Africa and is central to the Spatial Planning and Land Use Management Act (SPLUMA), the Spatial Development Framework (SDF), and broader National Development Plans (NDPs). However, there has been limited focus in literature on the need to address power imbalances in development processes, which not only hinder progress, but also encourage social tensions. This is evident in Dwesa-Cwebe on the Wild Coast, South Africa, which, due to the legacies of apartheid policies, remains marginalised and subjected to external control over development. Without a consensus on the inherent power imbalances and the resulting social conflicts in this community, implementing SPLUMA, SDFs, and NDPs will remain challenging, as has been the case since the advent of democracy in South Africa. This study explores the interaction of power dynamics and their impact on spatial development in Dwesa-Cwebe. Employing a qualitative research design, data were collected from 101 participants through focus group discussions (FGDs) and interviews with government representatives, ward councillors, traditional authorities, and community members. The research revealed significant power imbalances in the implementation of spatial development initiatives, with the government dominating the process while marginalising input from other stakeholders. These imbalances were found to be a key driver of social tensions and delays in the execution of SPLUMA, SDFs, NDPs, and other regional development policies. The study recommends interdisciplinary, gender-inclusive policies that incorporate monitoring and feedback mechanisms to ensure continuous improvement.

Modelling and using a pattern language to inform land-use change decisions in rural Mooiplaas, Great Kei Municipality, South Africa

Ronald Eglin — 2024-12-11

This article uses a case study research design to explore the possibility of using a pattern language as part of a spatial planning and land-use management process. In this process, municipalities and communities make decisions to change land use, taking into account the extent to which these decisions respond to the ever-changing context and aid the vision for the area to emerge. Using a qualitative research methodology, 67 semi-structured individual and key informant interviews as well as three focus group discussions were conducted in two villages within the Mooiplaas communal land area in South Africa. Thematic data analysis shows the specific socio-spatial needs (themes) that were used to modify initial predetermined broad pattern language themes to form the basis of the pattern language and spatial planning model that was developed for Mooiplaas. The study, using visioning and needs analysis techniques, demonstrates that a community can develop a pattern language that reflects a comprehensive vision for its area. This pattern language can then be expressed as local spatial development principles in the municipality’s Spatial Development Framework. In addition, as part of its land-use scheme regulations, the municipality can establish natural, intensive agricultural and settlement overlay zones, overlaid on an underlining extensive agricultural base zone. Anyone wanting to use land for any purpose not provided for in these zones must submit a land-use change application and the authorising structures are required to use the local spatial development principles to help inform their decision-making. Further, the study advances a new understanding of the pattern language as an expression of a community’s vision for a particular area and demonstrates how a pattern language planning approach could work in a communal land area in South Africa within the context of existing spatial planning legislation.

Securing indigenous land rights through community engagement in South African mining communities: Lessons from international and national legislative and policy frameworks

Effah Amponsah — 2024-12-11

The mining sector in South Africa has long been a cornerstone of the nation’s economy, but its expansion has often marginalised indigenous communities and their land rights. This study explores how global normative standards on community engagement have been applied to protect indigenous land rights in South African mining communities. It examines the legal provisions of the Constitution of the Republic of South Africa, 1996, along with relevant legislation and policies to assess their effectiveness in safeguarding these rights through community consultation. Key policies and frameworks include international principles such as Free, Prior, Informed Consent (FPIC), Social Licence to Operate (SLO), and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The research relies on desktop analysis of laws, policies, and case law, supplemented by secondary sources such as journal articles, books, and online resources. Findings reveal that community engagement is embedded within South African legal and policy frameworks and aligns with international norms. The Constitution and extractive industry legislation recognise and protect indigenous land rights, a principle further supported by South African case law. This recognition is crucial for enforcing legal protections for indigenous communities through engagement processes, highlighting the role of community consultation in land rights protection. The study also examines the impacts of these legal protections on town planning and indigenous land rights. It identifies key benefits such as community empowerment, enhanced legal safeguards, stronger community participation, and compliance with international standards. Additionally, it discusses the role of community engagement in promoting sustainable development, conflict resolution, and cultural preservation. In the context of town planning, the findings suggest a shift towards more inclusive and transformative approaches that prioritise legal compliance, policy alignment, and the active involvement of indigenous communities in development decisions.

Measures to address challenges of communal property associations in South Africa: The case of Elandskloof, Western Cape province

Nicholas Pinfold — 2024-12-11

Communal property associations (CPAs) were introduced in South Africa to provide a governance system that affords communal settlements functional and sustainable land governance. However, CPAs are characterised by numerous land governance challenges. For instance, the lack of institutional capacity within communities results in political decay, consequently jeopardising the sustainability of governance structures. Through the study area of Elandskloof in the Western Cape province, the article analyses the resilience of a communal settlement during its transition to a CPA. The aim is to identify measures to address the problems encountered during the transition process. The study is based on a qualitative design to gather the community members’ experiences, perceptions, and behaviours relating to the transition to a CPA. The data-collection approach includes in-depth interviews, observations at a community meeting, and intercept interviews of residents. The data are thematically analysed based on three main themes (psychological, sociological, and philosophical) to show how each aspect influenced the transition to a CPA. The findings indicate that adopting an adaptive or transitional governance approach combined with fit-for-purpose land administration would offer a structured way of managing the social and organisational changes needed to implement effective and sustainable land administration reforms.

A review of land-use planning laws in Kenya: Challenges and opportunities for urban landscape identity and memory in new developments and renewals

Edwin Koyoo — 2024-12-11

Land use plays a crucial role in delivering the diverse goods and services essential to urban life, encompassing housing, transportation, recreation, and other amenities. Effective land-use planning is facilitated by comprehensive laws and policy regulations that coordinate various urban projects. These regulations must adequately address critical elements of urban landscape identity and memory, particularly in the context of new developments and renewal initiatives. However, such elements are often inadequately considered, jeopardising continuity and coherence within urban environments. Existing literature has noted the significance of urban landscape identity and memory but has insufficiently emphasised their integration into the legal and policy frameworks governing urban development and renewal, which is vital for sustaining rapidly evolving urban landscapes. This review article focuses on land-use laws and policies in Kenya, employing qualitative research methods that include a content analysis of secondary data sourced from government documents and official repositories. The findings reveal that key aspects of urbanism and sustainable development related to urban landscape identity and memory are not adequately reflected in current legislation. Consequently, this article urges the incorporation of these aspects into existing land-use laws. The insights generated by this study are particularly relevant for policymakers and authorities responsible for overseeing urban development and renewal, ensuring adherence to comprehensive land-use regulations.

The ambiguity of business support interventions for home-based enterprises that are re-shaping residential urban spaces in Durban, South Africa

Tanya Dayaram — 2024-12-11

Positive developmental consequences for home-based enterprises (HBEs) are diminished in South African townships, due to insufficient alignment of business support interventions (BSI). There is limited urban planning knowledge on how HBEs in townships operate within residential zones and how spatial and regulatory challenges affect their development. The integration of supporting informal businesses presents a challenge since the informal economy does not have detailed spatial information. This article aims to address gaps in urban planning knowledge regarding how HBEs operate in residential zones, particularly in areas known for historical land-use conflicts. A case study approach with mixed methods (surveys and interviews) is used to investigate local initiatives for economic development in a ward area, using quantitative and qualitative data to better understand the interdisciplinary linkages of urban development in the South Durban Basin of eThekwini Municipality. Findings show that there are gaps in the way in which HBEs understand planning, policy, and regulations and this needs to be considered in reducing the lack of business support interventions for local economic development.

Resilience of peri-urban wetland ecosystems: A case study of Nandoni, Limpopo province, South Africa

Priscila Banda — 2024-12-11

Human beings tend to encroach on wetlands, particularly in peri-urban areas in developing countries, as they use their rich ecosystem services. Such practices of encroachment lead to the reduction of quality and size of water resources. There is a paucity of policy information on how to effectively manage wetlands in the face of disruption from human settlements adaptation activities. This study examines the resilience of wetland ecosystems in Nandoni’s peri-urban areas in South Africa to provide mitigation strategies to inform policy and praxis on how wetlands can be effectively managed in the face of disruption from human settlements around them. The study adopted a case study research design and used the mixed methods research approach, which includes qualitative and spatial data. Data was collected through key informant interviews with purposively selected spatial planners, environmentalists, and traditional leaders. Photographic and mapping surveys were conducted to determine the impact of development on wetlands. The study found that human activities such as farming, brickmaking, and residential development have impacted on wetlands, resulting in water pollution, wetland degradation or loss of wetlands, and extinction of animal species. Findings also revealed that human extraction activities affect the spatial resilience of Nandoni, while other activities such as recreational pursuits do not have as much effect in terms of the area’s level of resilience. The study recommends that policy makers and wetland users adopt sustainable strategies such as improving post-relocation support, sustainable practices in wetland management, and adaptive co-management to alleviate the impacts of adaptation activities. The latter degrade wetlands in peri-urban areas that support communities and the environment. A holistic inclusivity should be adopted among stakeholders to foster collaborative initiatives that raise awareness and enforce policies.