ETD Collection

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    Law, spatial planning & the making of South African cities
    (2020) Makoni, Eric Nyembezi
    This dissertation examines the relation between law and spatial planning in the making of contemporary South African cities. Using Johannesburg as unit of analysis, the dissertation demonstrates how, throughout history, law and spatial planning have been appropriated to realise specific political and ideological intentions. It is shown that, from the founding of contemporary South African cities,various legal and planning instruments were at times deployed in the service of creating racially fragmented and unjust cities. This hegemonic colonial project of legalised, racial spatial planning was further crystalised during the apartheid era from 1948 right through to the late 1970s. Interestingly, thepost-apartheid state has similarly turned to the twin-pillars of law and spatial planning as part of its political project of reconstituting the urban political while also striving for the realisation of spatial justice. Given the complicity of law and planning in the makingof unjust colonial/apartheid cities, this dissertation asks whether,and to what extentthe law and planning have managed to assume new democratic roles of creating ‘post-colonial’ South African cities defined by spatial justice and socio-economic inclusivity, especially against a political background characterised by the intensification of global capitalism, and its related neoliberal packages. Drawing on literature pertaining to law’s spatial turn as well as decolonial theory, the dissertation employs the notion of lawscapeto philosophically anchor theinvestigation. The focus is therefore both on how the law (including, in the post-apartheid lawscape, rights-based litigation) influences the production of social space, and howeveryday socio-spatial, political and ideological forces simultaneously shape the form and application of law.
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    Transformation of agricultural land by fragmented legislations within the Ekurhuleni Metropolitan Municipality of Gauteng Province
    (2016) Letlalo, Motlatso Olivia
    The cause of the transformation of agricultural land to other land uses has been investigated, especially in the Northern Service Delivery of the Ekurhuleni Metropolitan Municipality within Gauteng Province. This was achieved by evaluating the processes undertaken during the review of the land use applications and what was considered by the decision makers when making decisions on land use applications in order to determine the effectiveness of the legislations and policies in protecting agricultural land from been transformed to other uses such as residential and industrial activities. The literature review undertaken in this study showed that for South Africa, and particularly the Gauteng Province to be more successful in addressing the transformation of agricultural land to other land uses, different approaches are necessary. The review of literature showed that the South African legislations are fragmented and contribute to the transformation of agricultural land. In addition, it was highlighted that the South African government’s priority is on infrastructure development which is also considered the cause of the transformation of agricultural land, and this compels government to continuously amend the planning policies in order to accommodate pressure of development. Lastly, several studies highlighted that government is also focusing on the land reform programmes which are not sustainable hence failed due to lack of support from government. The results of the investigation confirmed that there is fragmentation of legislations and operational structure resulting in conflicting mandate and inconsistent decision making. This was pointed out through the experience of the participants during the questionnaire survey and semi-structured interviews. Data from the questionnaires, interviews and literature review was analysed to find information in order to address the research questions. Based on the findings of the study, it is recommended that legislations should be amended and ensures that the administration process is simple and aligned. Key words: Transformation of agricultural land, fragmented legislations, fragmented institutions and processes.