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.