An analysis of the legal and practical application of an agreement in terms of section 29 of the spatial planning and land use management act 16 of 2013 for state infrastructure planning, using the South African National Roads Agency SOC Ltd (SANRAL) as an example.

Abstract

Through the relevant case law and legislation, this paper explores the context of planning law in South Africa as it relates to the implementation of state infrastructure. With the adoption of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) in 2015, the planning of state infrastructure needed to comply with the provisions contained therein. It necessarily follows that those organs of state responsible for this planning need to rethink their processes and procedures relating to planning. The overlapping of constitutional planning competencies between the spheres of government has made planning for the implementation of state infrastructure increasingly complex and difficult. As a result, while there are a number of provisions in SPLUMA that obliquely relate to planning for the implementation of state infrastructure, there are numerous practical and legal difficulties associated with each one. It is revealed that the most legally and practically appropriate approach is an agreement in terms of Section 29 of SPLUMA. Using the South African National Roads Agency SOC Ltd (SANRAL) as an example of an organ of state who undertakes this type of planning, one is able to illustrate clearer the practical consequences in this regard.