Chapter 5: Integrated development planning

Part 1: General

23. Municipal planning to be developmentally oriented

  1. A municipality must undertake developmentally-oriented planning so as to ensure that it-
    1. strives to achieve the objects of local government set out in section 152 of the Constitution;
    2. gives effect to its developmental duties as required by section 153 of the Constitution; and
    3. together with other organs of state contribute to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution.
  2. Subsection (1) must be read with chapter 1 of the Development Facilitation Act, 1995 (Act No, 67 of 1995).

24. Municipal planning in co-operative government

  1. The planning undertaken by a municipality must be aligned with, and complement, the development plans and strategies of other affected municipalities and other organs of state so as to give effect to the principles of co-operative government contained in section 41 of the Constitution.
  2. Municipalities must participate in national and provincial development programmed as required in section 153(b) of the Constitution.
  3. If municipalities are required to comply with planning requirements in terms of national or provincial legislation, the responsible organs of state must-
    1. align the implementation of that legislation with the provisions of this Chapter; and
    2. in such implementation-
      1. consult with the affected municipality; and
      2. take reasonable steps to assist the municipality to meet the time limit mentioned in section 25 and the other requirements of this Chapter 30 applicable to its integrated development plan.
  4. An organ of state initiating national or provincial legislation requiring municipalities to comply with planning requirements, must consult with organised local government before the legislation is introduced in Parliament or a provincial legislature, or, in the case of subordinate legislation, before that legislation is enacted.

25. Adoption of integrated development plans

  1. Each municipal council must, within a prescribed period after the start of its elected term, adopt a single, inclusive and strategic plan for the development of the municipality which-
    1. links, integrates and co-ordinates plans and takes into account proposals for the development of the municipality;
    2. aligns the resources and capacity of the municipality with the implementation of the plan;
    3. forms the policy framework and general basis on which annual budgets must be based;
    4. complies with the provisions of this Chapter; and
    5. is compatible with national and provincial development plans and planning requirements binding on the municipality in terms of legislation.
  2. An integrated development plan adopted by a municipal council in terms of subsection (1) may be amended in terms of section 34 and remains in force until an integrated development plan is adopted by the next elected council.
    1. A newly elected municipal council may, within the prescribed period referred to in subsection (1), adopt the integrated development plan of its predecessor, but before taking a decision it must comply with section 29(1)(b)(i), (c) and (d).
    2. A newly elected municipal council that adopts the integrated development plan of its predecessor with amendments, must effect the amendments in accordance with the process referred to in section 34(b).
  3. A municipality must, within 14 days of the adoption of its integrated development plan in terms of subsection (1) or (3)-
    1. give notice to the public-
      1. of the adoption of the plan; and
      2. that copies of or extracts from the plan are available for public inspection at specified places; and
    2. publicise a summary of the plan.

Part 2: Contents of integrated development plans

26. Core components of integrated development plans

An integrated development plan must reflect-

  1. the municipal council's vision for the long term development of the municipality with special emphasis on the municipality's most critical development and internal transformation needs;
  2. an assessment of the existing level of development in the municipality, which must include an identification of communities which do not have access to basic municipal services;
  3. the council's development priorities and objectives for its elected term, including its local economic development aims and its internal transformation needs;
  4. the council's development strategies which must be aligned with any national or provincial sectoral plans and planning requirements binding on the municipality in terms of legislation;
  5. a spatial development framework which must include the provision of basic guidelines for a land use management system for the municipality;
  6. the council's operational strategies;
  7. applicable disaster management plans;
  8. a financial plan, which must include a budget projection for at least the next three years; and
  9. the key performance indicators and performance targets determined in terms of section 41.

Part 3: Process for planning, drafting, adopting and review of integrated development plans

27. Framework for integrated development planning

  1. Each district municipality, within a prescribed period after the start of its elected term and after following a consultative process with the local municipalities within its area, must adopt a framework for integrated development planning in the area as a whole.
  2. A framework referred to in subsection (1) binds both the district municipality and the local municipalities in the area of the district municipality, and must at least-
    1. identify the plans and planning requirements binding in terms of national and provincial legislation on the district municipality and the local municipalities or on any specific municipality;
    2. identify the matters to be included in the integrated development plans of the district municipality and the local municipalities that require alignment;
    3. specify the principles to be applied and co-ordinate the approach to be adopted in respect of those matters: and
    4. determine procedures
      1. for consultation between the district municipality and the local municipalities during the process of drafting their respective integrated development plans; and
      2. to effect essential amendments to the framework.

28. Adoption of process

  1. Each municipal council, within a prescribed period after the start of its elected term, must adopt a process set out in writing to guide the planning, drafting, adoption and review of its integrated development plan.
  2. The municipality must through appropriate mechanisms, processes and procedures established in terms of Chapter 4, consult the local community before adopting the process.
  3. A municipality must give notice to the local community of particulars of the process it intends to follow.

29. Process to be followed

  1. The process followed by a municipality to draft its integrated development plan, including its consideration and adoption of the draft plan, must -
    1. be in accordance with a predetermined programme specifying timeframes for the different steps;
    2. through appropriate mechanisms, processes and procedures established in terms of Chapter 4, allow for -
      1. the local community to be consulted on its development needs and priorities;
      2. the local community to participate in the drafting of the integrated development plan; and
      3. organs of state, including traditional authorities. and other role players to be identified and consulted on the drafting of the integrated development plan;
    3. provide for the identification of all plans and planning requirements binding on the municipality in terms of national and provincial legislation; and d) be consistent with any other matters that may be prescribed by regulation.
  2. A district municipality must -
    1. plan integrated development for the area of the district municipality as a whole but in close consultation with the local municipalities in that area;
    2. align its integrated development plan with the framework adopted in terms of section 27; and
    3. draft its integrated development plan, taking into account the integrated development processes of, an proposals submitted to it by the local municipalities in that area.
  3. A local municipality must -
    1. align its integrated development plan with the framework adopted in terms of section 27; and
    2. draft its integrated development plan, taking into account the integrated development processes of and proposals submitted to it by the district municipality.

30. Management of drafting process

The executive committee or executive mayor of a municipality or, if the municipality does not have an executive committee or executive mayor, a committee of councillors appointed by the municipal council, must, in accordance with section 29 -

  1. manage the drafting of the municipality’s integrated development plan;
  2. assign responsibilities in this regard to the municipal manager; and
  3. submit the draft plan to the municipal council for adoption by the council.

31. Provincial monitoring and support

The MEC for local government in the province may, subject to any other law regulating provincial supervision of local government -

  1. monitor the process followed by a municipality in terms of section 29;
  2. assist a municipality with the planning. drafting, adoption and review of its integrated development plan;
  3. facilitate the co-ordination and alignment of -
    1. integrated development plans of different municipalities, including those of a district municipality and the local municipalities within its area; and
    2. the integrated development plan of a municipality with the plans, strategies and programmes of national and provincial organs of state;
  4. take any appropriate steps to resolve disputes or differences in connection with the planning, drafting, adoption or review of an integrated development plan between -
    1. a municipality and the local community; and
    2. different municipalities.

32. Copy of integrated development plan to be submitted to MEC for local government

    1. The municipal manager of a municipality must submit a copy of the integrated development plan as adopted by the council of the municipality, and any subsequent amendment to the plan, to the MEC for local government in the province within 10 days of the adoption or amendment of the plan.
    2. The copy of the integrated development plan to be submitted in terms of paragraph must be accompanied by -
      1. a summary of the process referred to in section 29(1);
      2. a statement that the process has been complied with, together with any explanations that may be necessary to amplify the statement; and
      3. in the case of a district and a local municipality, a copy of the framework adopted in terms of section 27.
  1. The MEC for local government in the province may, within 30 days of receiving a copy of an integrated development plan or an amendment to the plan, or within such reasonable longer period as may be approved by the Minister, request the relevant municipal council -
    1. to adjust the plan or the amendment in accordance with the MEC'S proposals, if the plan or amendment -
      1. does not comply with a requirement of this Act; or
      2. is in conflict with or is not aligned with or negates any of the development plans and strategies of other affected municipalities or organs of state; or
    2. to comply with the process referred to in section 29, or with a specific provision of this Act relating to the process of drafting or amending integrated development plans if the municipality has failed to comply with that process or provision, and to adjust the plan or the amendment if that becomes necessary after such compliance.
  2. A municipal council must consider the MEC'S proposals, and within 30 days of receiving the MEC'S request must -
    1. if it agrees with those proposals, adjust its integrated development plan or amendment in accordance with the MEC's request; or
    2. if it disagrees with the proposals, object to the MEC's request and furnish the MEC with reasons in writing why it disagrees.
  3. On receipt of an objection in terms of subsection (3)(b) the MEC may refer the municipality's objection to an ad hoc committee referred to in section 33 for decision by the committee. If the MEC decides to refer an objection to an ad hoc committee, the objection must be referred within 21 days of receipt of the objection.

33. Ad hoc committees

  1. Whenever necessary, the MEC for local government in a province must appoint an ad hoc committee consisting of members representing local government, the provincial government and the national government to decide on an objection by a municipality in terms of section 32(3)(b).
  2. The MEC appoints the members of an ad hoc committee representing -
    1. local government, with the concurrence of the municipality which lodged the objection and any other municipality involved in the dispute;
    2. the provincial government, with the concurrence of the provincial organ or organs of state involved in the dispute or in whose functional area the dispute is located; and
    3. the national government, with the concurrence of the national organ or organs of state involved in the dispute or in whose functional area the dispute is located.
  3. An objection referred to an ad hoc committee must be dealt with in accordance with procedures prescribed by regulation.
  4. A matter before an ad hoc committee is decided if at least two spheres of government agree on the matter.
  5. If the ad hoc committee rejects the municipality's objection, the municipality must, within 30 days of the date on which the committee has taken the decision and informed the municipality, comply with the MEC'S request.

34. Annual review and amendment of integrated development plan

A municipal council -

  1. must review its integrated development plan -
    1. annually in accordance with an assessment of its performance measurements in terms of section 4; and
    2. to the extent that changing circumstances so demand; and
  2. may amend its integrated development plan in accordance with a prescribed process.

Part 4: Miscellaneous

35. Status of integrated development plan

  1. An integrated development plan adopted by the council of a municipality-
    1. is the principal strategic planning instrument which guides and informs all planning and development, and all decisions with regard to planning, management and development, in the municipality;
    2. binds the municipality in the exercise of its executive authority, except to the extent of any inconsistency between a municipality's integrated development plan and national or provincial legislation, in which case such legislation prevails; and
    3. binds all other persons to the extent that those parts of the integrated development plan that impose duties or affect the rights of those persons have been passed as a by-law.
  2. A spatial development framework contained in an integrated development plan prevails over a plan as defined in section 1 of the Physical Planning Act, 1991 (Act No. 125 of 1991).

36. Municipality to give effect to integrated development plan

A municipality must give effect to its integrated development plan and conduct its affairs in a manner which is consistent with its integrated development plan.

37. Regulations and guidelines

  1. The Minister may for the purposes of this Chapter make regulations or issue guidelines in terms of section 120 to provide for or to regulate the following matters:
    1. incentives to ensure that municipalities adopt their integrated development plans within the applicable prescribed period and comply with the provisions of this Act concerning the planning. drafting, adoption and review of those plans;
    2. the detail of integrated development plans taking into account the requirements of other applicable national legislation;
    3. criteria municipalities must take into account when planning, drafting, adopting or reviewing their integrated development plans;
    4. the detail of the process for the planning, drafting, adoption and review of integrated development plans;
    5. a process for the amendment of integrated development plans;
    6. the manner in which an objection must be referred to an ad hoc committee envisaged in section 33;
    7. the manner in which written evidence or documents must be submitted to an ad hoc committee;
    8. the proceedings of an ad hoc committee; and
    9. any other matter that may facilitate-
      1. integrated development planning and the drafting of integrated development plans; or
      2. the application of this Chapter.
  2. When making regulations or issuing guidelines in terms of section 120 to provide for or to regulate the matters mentioned in subsection (1)(b), (c), (d) and (e)of this section, the Minister must-
    1. take into account the capacity of municipalities to comply with those matters; and
    2. differentiate between different kinds of municipalities according to their respective capacities.
  3. The Minister, by notice in the Gazette, may phase in the application of the provisions of this Chapter which place a financial or administrative burden on municipalities.
  4. A notice in terms of subsection (3) may-
    1. determine different dates on which different provisions of this Chapter becomes applicable to municipalities;
    2. apply to all municipalities generally;
    3. differentiate between different kinds of municipalities which may, for the purpose of the phasing in of the relevant provisions, be defined in the notice in relation to categories or types of municipalities or in any other way; or
    4. apply to a specific kind of municipality only, as defined in the notice.