Question NW2538 to the Minister of Rural Development and Land Reform
13 July 2015 - NW2538
Carter, Ms D to ask the Minister of Rural Development and Land Reform
Whether in respect of the Spatial Planning and Land Use Management Act, Act 16 of 2013 and the regulations that came into effect on 1 July 2015, he had taken into account the finding of the Constitutional Court, CCT 117/14 regarding the review outcomes of Judicial Tribunals used as a tool by Premiers and provincial Members of the Executive Council of Environmental Affairs and Development Planning to regulate planning and developmental matters within municipalities as well as to help process the estimated 1,5 million or title deeds not yet issued to beneficiaries of the Reconstruction and Development Programme housing; if not, why not; if so, what is his department planning to do with the difficulties that have arisen with the judgment?
Reply:
Yes. The Spatial Planning and Land Use Management Act, 2013 (Act No 16 of 2013) and its regulations have taken due consideration of the Constitutional Court Judgment, CCT 117/13, and confirms the municipality as a decision making authority of first instance.
The Department of Rural Development and Land Reform, through its various deeds registries, assists in the process of registering title in respect of RDP housing by expediting the registration of RDP Housing related deeds. This is done upon request to the Registrar of Deeds by the relevant sphere of government which is the registered owner of the land in respect of which a township register has been opened.