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).
  4. 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.