Browsing by Author "Swanepoel, Sonja"

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    Efficacy of the Spatial and Land Use Management Act in the promotion of spatial justice in an urban land reform context
    (Stellenbosch : Stellenbosch University, 2020-03) Swanepoel, Sonja; Pienaar, Juanita M.; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH ABSTRACT: The spatial legacy of colonialism and apartheid is clearly still intact. Problems of poverty and marginalisation are especially prevalent in informal settlements in South Africa, which showcase the immense spatial disparity so in need of redress. Due to a lack of intergovernmental cooperation as well as insufficient investment in housing and infrastructure, the inherent inequalities in urban areas are being reproduced. Other issues relate to a lack of inclusion, specifically as it relates to participation in decision-making. Although all racially-based land measures were already repealed in 1991 and even though apartheid had officially ended by 1994, bringing about major changes in policy and legislation, with a new corresponding focus on the protection of human rights, specific attention was not given to the deep-rooted problems related to spatial patterns. For these reasons it is necessary to evaluate whether existing policies and statutes aimed at promoting urban spatial transformation and spatial justice are effective. In this regard, the focus shifts to the Spatial Planning and Land Use Management Act 16 of 2013 (“SPLUMA”), a planning framework Act. The main research question is accordingly whether SPLUMA, in its current form, is able to promote spatial justice in an urban land reform context, specifically in informal settlements, with reference to sections 25(5) and 25(6) of the Constitution of the Republic of South Africa, 1996 (the “Constitution”), pertaining to the promotion of access to land and improving tenure security, respectively. In this study it was found that SPLUMA does indeed, although to a very limited extent, promote spatial justice in the context of the particular constitutional imperatives contained in sections 25(5) and 25(6) of the Constitution. Essentially, SPLUMA is a planning tool and not inherently aimed at promoting land reform. Yet, because of the very specific touching points between SPLUMA and sections 25(5) and 25(6) of the Constitution, with some adjustment and with more emphasis on particular tools in SPLUMA, the efficacy of SPLUMA in its endeavour to promote spatial justice can and must be improved.