The complexities and opportunities involved in establishing new townships in South Africa

Lutfiyya Kara, Senior Associate in our Real Estate Law practice, joined Nqaba Songezo on SAfm for an insightful discussion on 'The complexities and opportunities involved in establishing new townships in South Africa.'

3 Dec 2024 12:41 Minutes Podcast
The complexities and opportunities involved in establishing new townships in South Africa

The complexities and opportunities involved in establishing new townships in South Africa

Podcast

The complexities and opportunities involved in establishing new townships in South Africa

Podcast

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Lutfiyya highlighted that with South Africa’s growing population, the need for new townships is increasingly critical. However, this development places significant pressure on cities like Johannesburg. "If we can focus on improving infrastructure, ensuring proper use of funds, and involving the right stakeholders, new township developments can progress effectively and sustainably,” she explained.

Lutfiyya said that the Spatial Planning and Land Use Management Act (SPLUMA), introduced in 2015, provides a framework for post-apartheid land development. SPLUMA ensures that planning and approval processes align with modern South Africa's needs. Each municipality enacts its by-laws based on SPLUMA’s principles, placing local government at the center of planning and decision-making for land development. SPLUMA also empowers the Minister of Rural Development and Land Reform to publish regulations, bridging the gap between South Africa's past and its vision for equitable land use today.

Lutfiyya explained the four critical phases of township establishment: the evaluation phase where landowners must submit applications under municipal by-laws for approval. The second phase is approval where upon approval, the City sets specific conditions, known as “Conditions of Establishment,” for the township. The third phase is the registration phase: A Certificate of Registered Title is prepared under Section 43 of the Deeds Registries Act and lastly is the post-registration phase where once the township register is opened, the Registrar of Deeds notifies the City, completing the process.

Lutfiyya added that starting a township is a complex yet vital process that requires careful planning, collaboration, and adherence to legal frameworks. By addressing infrastructure challenges and leveraging tools like SPLUMA, South Africa can develop sustainable and inclusive communities for its growing population.

Click here to listen to the interview.

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